Waiver of Other Benefits; Non-Duplication. As a condition of and in consideration of your becoming eligible to receive the Severance Benefits provided under the terms and conditions of the Plan and this Participation Agreement, you agree to waive any and all rights, benefits, and privileges to severance or similar benefits that you might otherwise be entitled to receive under any other oral or written plan, employment agreement or arrangement (including, without limitation, your existing employment agreement or offer letter). You understand that this waiver is irrevocable, and that this Participation Agreement and the Plan set forth the entire agreement between us with respect to any subject matter covered herein. The Plan is intended to supersede, and not to duplicate, the provisions of the Sourcefire, Inc. Executive Retention Plan (“Retention Plan”) in any case in which you would otherwise be entitled to severance or related benefits under both this Plan and the Retention Plan arising out of your Qualifying Termination. For purposes of clarification, your waiver will not generally preclude you from eligibility to participate in the Retention Plan, but if you become eligible to receive Severance Benefits as a result of your Qualifying Termination, you will forfeit any “retention benefits” you might otherwise be entitled to receive under the Retention Plan. In no event will you be entitled to receive benefits under both the Plan and the Retention Plan as a result of your Termination.
Waiver of Other Benefits; Non-Duplication. By agreeing to commence participation in the Plan, each Eligible Executive who would otherwise be entitled to receive Executive Change in Control Severance Plan severance or similar benefits in connection with a Termination under another employee benefit plan, employment agreement, offer letter, or other agreement or understanding with the Company agrees to irrevocably waive any such entitlement in full. Such waiver shall be in writing in such form as may reasonably be specified by the Plan Administrator (including in a Participation Agreement) and shall be filed with the Plan Administrator in accordance with such rules and procedures as it may reasonably establish. The Plan is intended to supersede, and not to duplicate, the provisions of the Sourcefire, Inc. Executive Retention Plan (“Retention Plan”) in any case in which an Eligible Executive would otherwise be entitled to severance or related benefits under both this Plan and the Retention Plan arising out of the Eligible Executive’s Qualifying Termination. In the event that an Eligible Executive becomes entitled to receive Severance Benefits under this Plan and any such benefits duplicate a benefit that would otherwise be provided under any other plan, program, arrangement or agreement, including without limitation, the Retention Plan, as a result of the Eligible Executive’s Termination (irrespective of whether such Termination constitutes a Qualifying Termination), then the Eligible Executive shall be entitled to receive only the Severance Benefits available under the Plan and in no event shall such Eligible Executive be entitled to receive any duplicative benefits. The Plan Administrator shall determine in its sole and exclusive judgment and discretion whether and in what manner the provisions of this Section 7.3 shall apply.
