Preservation of Rights to Amend or Terminate Plans. No provisions of this Agreement, including the agreement or representation of Western Atlas or UNOVA that it, or any member of the Western Atlas Group or the UNOVA Group, will make or has made a contribution or payment to or under any Plan herein referred to for any period, shall be construed as a limitation on the right of Western Atlas or UNOVA or any member of the Western Atlas Group or the UNOVA Group to amend such Plan or terminate its participation therein which Western Atlas or UNOVA or any member of the Western Atlas Group or the UNOVA Group would otherwise have under the terms of such Plan or otherwise, and no provision of this Agreement shall be construed to create a right in any employee or former employee or beneficiary of such employee or former employee under a Plan which such employee or former employee or beneficiary would not otherwise have under the terms of the Plan itself.
Preservation of Rights to Amend or Terminate Plans. No provision of this Separation Agreement shall be construed as a limitation on the right of the Company or New Diamond to amend any plan or terminate its participation therein which the Company or New Diamond would otherwise have under the terms of such plan or otherwise, and no provision of this Separation Agreement shall be construed to create a right in any employee or beneficiary of such employee under a plan that such employee or beneficiary would not otherwise have under the terms of such plan itself.
Preservation of Rights to Amend or Terminate Plans. Except as expressly provided in this Agreement, nothing contained in this Agreement shall (i) be construed to establish, amend or modify any benefit plan, program or arrangement, or (ii) alter or limit the ability of TCCC, CCE, any North American Business Subsidiary, Splitco or any of their respective Subsidiaries or Affiliates, whether prior to, as of or following the Effective Time, to amend, modify or terminate any benefit plan, program, agreement or arrangement at any time assumed, established, sponsored or maintained by any of them, in accordance with the terms of such plan, program, agreement or arrangement and applicable Laws. Without limiting in any way the generality of the foregoing, TCCC shall not be obligated to continue the CCE Employee Stock Purchase Plan.
Preservation of Rights to Amend or Terminate Plans. No provisions of this Agreement, including the agreement of Xxxxxx or Ventiv that it, or any member of the Xxxxxx Group or the Healthcare Services Group, respectively, will make a contribution or payment to or under any Plan herein referred to for any period, shall be construed as a limitation on the right of Xxxxxx or Ventiv or any member of the Xxxxxx Group or the Healthcare Services Group to amend such Plan or terminate its participation therein which Xxxxxx or Ventiv or any member of the Xxxxxx Group or the Healthcare Services Group, respectively, would otherwise have under the terms of such Plan or otherwise, and no provision of this Agreement shall be construed to create a right in any employee or former employee or beneficiary of such employee or former employee under a Plan which such employee or former employee or beneficiary would not otherwise have under the terms of the Plan itself.
Preservation of Rights to Amend or Terminate Plans. No provision of this Agreement, including, without limitation, the agreement of Parent or Sub that it will make a contribution or payment to or under any plan referred to herein for any period, shall be construed as a limitation on the right of Parent or Sub to amend or terminate such plan which Parent or Sub would otherwise have under the terms of such plan or otherwise.
Preservation of Rights to Amend or Terminate Plans. Subject to ----------------------------------------------------- the provisions of this Article VII, no provision of this Agreement, including the agreement of Xxxxxxx or Energizer that it, or any member of the Xxxxxxx Group or the Energizer Group, will make a contribution or payment to or under any Plan herein referred to for any period, shall be construed as a limitation on the right of Xxxxxxx or Energizer or any member of the Xxxxxxx Group or the Energizer Group to amend such Plan or terminate its participation therein which Xxxxxxx or Energizer or any member of the Xxxxxxx Group or the Energizer Group would otherwise have under the terms of such Plan or otherwise, and no provision of this Agreement shall be construed to create a right in any Xxxxxxx Individual or Energizer Individual under a Plan which such Individual would not otherwise have under the terms of the Plan itself.
Preservation of Rights to Amend or Terminate Plans. No provision of this Agreement, shall be construed as a limitation on the right of the Company or Spinco to amend any plan or terminate its participation therein which the Company or Spinco would otherwise have under the terms of such plan or otherwise, and no provision of this Agreement shall be construed to create a right in any employee or beneficiary of such employee under a plan that such employee or beneficiary would not otherwise have under the terms of such plan itself.
Preservation of Rights to Amend or Terminate Plans. No provisions of this Agreement, including, without limitation, the agreement of the Company or New Xxxxxx that it, or any Company Subsidiary or New Xxxxxx Subsidiary, will make a contribution or payment to or under any Plan herein referred to for any period, shall be construed as a limitation on the right of the Company or New Xxxxxx or any Company Subsidiary or New Xxxxxx Subsidiary to amend such Plan or terminate its participation therein which the Company or New Xxxxxx or any Company Subsidiary or New Xxxxxx Subsidiary would otherwise have under the terms of such Plan or otherwise, and no provision of this Agreement shall be construed to create a right in any employee or former employer or beneficiary of such employee or former employee under a Plan which such employee or former employer or beneficiary would not otherwise have under the terms of the Plan itself.
Preservation of Rights to Amend or Terminate Plans. No provisions of this Agreement, including, without limitation, the agreement of Company or Marcam Solutions that it will make a contribution or payment to or under any plan referred to herein for any period, shall be construed as a limitation on the right of the Company or Marcam Solutions to amend such plan or terminate its participation therein which the Company or Marcam Solutions would otherwise have under the terms of such plan or otherwise; provided, however, that no amendment shall reduce or eliminate (i) the Transferred Employees' unused account balances under the Flexible Benefits Program required to be adopted pursuant to Section 4.03(b)(ii) hereof; or (ii) the Transferred Employees' unused vacation benefits as of the Distribution Date.
Preservation of Rights to Amend or Terminate Plans. Except as otherwise provided in the Merger Agreement or this Distribution Agreement, no provision of this Distribution Agreement shall be construed as a limitation on the right of the Company or GBC to amend or terminate any employee benefit plan, policy, or other perquisite of employment (hereinafter, "Employee Benefit") which right the Company or GBC would otherwise have under the terms of such Employee Benefit, and no provision of this Distribution Agreement shall be construed to create a right in any employee or beneficiary of such Employee Benefit that such employee or beneficiary would not otherwise have under the terms of the plan or policy governing the Employee Benefit itself.
