Interests Not Transferable Uses in Conflicting Plans Clause

Conflicting Plans from Amended and Restated

Conflicting Plans. The Plan supersedes any other generally applicable severance-related plan or policy of the Company in effect on the date the Company adopts the Plan. Payments or benefits provided to an Executive under any Company stock, deferred compensation, savings, retirement, or other employee benefit plan are governed solely by the terms of that plan. Any obligations or duties of an Executive pursuant to any non-competition or other agreement with the Company will be governed solely by the terms of that agreement, and will not be affected by the terms of the Plan, except to the extent that agreement expressly provides otherwise. Severance Benefits paid under the Plan are not taken into account for purposes of contributions or benefits under any other employee benefit plans, except as expressly provided therein. Further, the period of coverage under any employee benefit plan is not extended due to the payment of Severance Benefits under the Plan.

Conflicting Plans from Severance Plan

Conflicting Plans. The Plan supersedes any other generally applicable severance-related plan or policy of the Company in effect on the date the Company adopts the Plan. Payments or benefits provided to an Executive under any Company stock, deferred compensation, savings, retirement, or other employee benefit plan are governed solely by the terms of that plan. Any obligations or duties of an Executive pursuant to any non-competition or other agreement with the Company will be governed solely by the terms of that agreement, and will not be affected by the terms of the Plan, except to the extent that agreement expressly provides otherwise. Severance Benefits paid under the Plan are not taken into account for purposes of contributions or benefits under any other employee benefit plans, except as expressly provided therein. Further, the period of coverage under any employee benefit plan is not extended due to the payment of Severance Benefits under the Plan.