Confirmation of Prior Agreements. CommerceHub acknowledges that nothing in this Agreement shall be construed to modify the rights and obligations set forth in the Indemnification Agreement dated May 19, 2016 between you and Commerce Technologies, Inc. (as predecessor to CommerceHub), which Indemnity Agreement remains in effect. You acknowledge that you continue to be bound by the obligations set forth in your Non-Disclosure, Invention Assignment, Non-Competition and Non-Solicitation Agreement dated Jun 14, 2016 (the “Employment Agreement”), including, without limitation, the obligations of confidentiality, non-competition and non-solicitation and other post-employment activities set forth in the Employment Agreement. In addition, you agree that the Confidential Information protected under the Employment Agreement includes the existence and the terms and conditions of this Agreement, any information relating in any way to the released Claims and any discussions relating in any way to resolution of any such Claims. Notwithstanding the foregoing, you may disclose the existence, and the terms and conditions, of this Agreement (i) to your spouse or (ii) in the context of a privileged communication to your accountant or your attorney, in each case, who is obligated to maintain such information in accordance with this Agreement and in accordance with applicable professional canons restricting the disclosure of client confidences. In addition, except as set forth in Section 8 above, in the event you are legally compelled to disclose any Confidential Information under an order of a court of competent jurisdiction or other governmental agency, entity or tribunal with subpoena authority, you may disclose only that portion of the Confidential Information that your legal counsel advises you in writing that you are legally compelled to disclose and you will promptly notify CommerceHub by sending written notice to the attention of its General Counsel, prior to any such disclosure so that CommerceHub may take any action it deems necessary or desirable to assure confidential treatment of any such Confidential Information. The federal Defend Trade Secrets Act of 2016 provides immunity from state and federal civil or criminal liability for you if you disclose a trade secret (a) in confidence to a federal, state, or local government official, either directly or indirectly, or to an attorney, but in either case only if the disclosure is solely for the purpose of reporting or investigating a suspected violation...
Confirmation of Prior Agreements. The parties hereby confirm that the Stock Purchase Agreement and Exchange Agreement shall remain in full force and effect except that upon delivery of and payment by FleetBoston for the Rights as provided herein, all provisions of the Stock Purchase Agreement and the other agreements referred to therein relating to the Rights shall terminate and be of no further force or effect.
Confirmation of Prior Agreements. Notwithstanding anything in this Agreement to the contrary, Employee acknowledges and agrees that nothing in this Agreement shall alter, limit, or void the respective rights and obligations of the parties under the CINSA; the Equity Agreements; Sections 10, 13, and 14 of the Employment Agreement; the Indemnification Agreement; or any other agreement entered into between Employee and the Company prior to the date hereof. Any covenants in those prior agreements that were designed to restrict Employee’s actions during employment or that were intended to survive separation of employment shall continue in full force and effect, including without limitation the non-compete, non- solicitation, and confidentiality provisions of any of those prior agreements.
Confirmation of Prior Agreements. Notwithstanding anything in this Agreement to the contrary, Employee understands and agrees that nothing in this Agreement shall alter, limit, or void the respective rights and obligations of the parties under the Equity Agreements; the sections that survive termination of the Employment Agreement or any other agreement entered into between Employee and the Company prior to the date hereof. Any covenants in those prior agreements that were designed to restrict Employee’s actions during employment or that were intended to survive separation of employment shall continue in full force and effect, including without limitation the non-solicitation, and confidentiality provisions of any of those prior agreements.
Confirmation of Prior Agreements. Notwithstanding anything in this Agreement to the contrary, Employee understands and agrees that nothing in this Agreement shall alter, limit, or void the respective rights and obligations of the parties under the CINSA; the Equity Agreements (except as amended herein); Sections 10, 13, and 14 of the Employment Agreement; or any other agreement entered into between Employee and the Company prior to the date hereof. Any covenants in those prior agreements that were designed to restrict Employee’s actions during employment and/or Garden Leave or that were intended to survive separation of employment shall continue in full force and effect, including without limitation the non-compete, non-solicitation, and confidentiality provisions of any of those prior agreements.
Confirmation of Prior Agreements. Except as expressly amended by this Agreement, the Notes, the Original Registration Agreement and the Security Agreement shall continue in full force and effect in accordance with the provisions thereof, and provided further that notwithstanding anything contained herein to the contrary, the amendments and terminations provided in this Agreement shall not be effective until the occurrence of the Placement Closing.
Confirmation of Prior Agreements. Except as amended hereby, in all other respects the terms and provisions of the Employment Agreement, the 1998 Restricted Stock Agreement, and the 1999 Restricted Stock Agreement are hereby ratified and confirmed.
Confirmation of Prior Agreements. Notwithstanding anything in this Agreement to the contrary, Executive understands and agrees that nothing in this Agreement shall alter, limit, or void the respective rights and obligations of the parties under the Option Agreements (except as amended herein); the sections that survive termination of the Employment Agreement or any other agreement entered into between Executive and the Company prior to the date hereof. Any covenants in those prior agreements that were designed to restrict Executive’s actions during employment or that were intended to survive separation of employment shall continue in full force and effect, including without limitation the non-solicitation, and confidentiality provisions of any of those prior agreements.
Confirmation of Prior Agreements. Notwithstanding anything in this Agreement to the contrary, I understand and agree that nothing in this Agreement shall alter, limit, or void the respective rights and obligations of the parties under any noncompetition, nonsolicitation, nondisclosure, employee invention, or other similar agreement entered into between me and the Company prior to the date hereof.
Confirmation of Prior Agreements o The Three Parties agree that the Prior Agreements shall remain in full force and effect except as expressly clarified or modified herein. o The Three Parties are aware of and attach copies of the following agreements between and among them: (1) Exclusive Agreement to Provide Integration Services (the "Exclusive Agreement") dated June 30, 2004; (2) Memorandum of Agreement (the "MOA") dated November 4, 2004; and (3) Subcontract Agreement (the "IDIQ") dated May 11, 2005 (collectively, the "Prior Agreements"). o In the event of an inconsistency between this Agreement and any of the remaining terms of the Prior Agreements, this Agreement shall control.
