Common use of EFFECT ON PRIOR AGREEMENTS AND EXISTING BENEFIT PLANS Clause in Contracts

EFFECT ON PRIOR AGREEMENTS AND EXISTING BENEFIT PLANS. This Agreement contains the entire understanding between the parties hereto and supersedes any prior agreement between the Holding Company and Executive (including without limitation that certain Change of Control Agreement between the Holding Company and Executive dated as of [ ],1997), except that this Agreement shall not affect or operate to reduce any benefit or compensation inuring to Executive of a kind elsewhere provided. No provision of this Agreement shall be interpreted to mean that Executive is subject to receiving fewer benefits than those available to him without reference to this Agreement. Nothing in this Agreement shall confer upon the Executive the right to continue in the employ of the Holding Company or shall impose on the Holding Company any obligation to employ or retain Executive in its employ for any period, but any termination following a Change of Control shall be subject to the terms and conditions hereof.

EFFECT ON PRIOR AGREEMENTS AND EXISTING BENEFIT PLANS. This Agreement contains the entire understanding between the parties hereto and supersedes any prior agreement between the Holding Company and Executive (including without limitation that certain Change of Control Agreement between the Holding Company and Executive dated as of [ ],1997), except that this Agreement shall not affect or operate to reduce any benefit or compensation inuring to Executive of a kind elsewhere provided. No provision of this Agreement shall be interpreted to mean that Executive is subject to receiving fewer benefits than those available to him without reference to this Agreement. Nothing in this Agreement shall confer upon the Executive the right to continue in the employ of the Holding Company or shall impose on the 148 Holding Company any obligation to employ or retain Executive in its employ for any period, but any termination following a Change of Control shall be subject to the terms and conditions hereof.

EFFECT ON PRIOR AGREEMENTS AND EXISTING BENEFIT PLANS. This Agreement contains the entire understanding between the parties hereto and supersedes any prior agreement between the Holding Company and Executive (including without limitation that certain Change of Control Agreement between the Holding Company and Executive dated as of [ ],1997), except that this Agreement shall not affect or operate to reduce any benefit or compensation inuring to Executive of a kind elsewhere provided. No provision of this Agreement shall be interpreted to mean that Executive is subject to receiving fewer benefits than those available to him without reference to this Agreement. Nothing in this Agreement shall confer upon the Executive the right to continue in the employ of the Holding Company or shall impose on the 117 Holding Company any obligation to employ or retain Executive in its employ for any period, but any termination following a Change of Control shall be subject to the terms and conditions hereof.

EFFECT ON PRIOR AGREEMENTS AND EXISTING BENEFIT PLANS. This Agreement contains the entire understanding between the parties hereto and supersedes any prior agreement between the Holding Company and Executive (including without limitation that certain Change of Control Agreement between the Holding Company and Executive dated as of [ ],November 18, 1997), except that this Agreement shall not affect or operate to reduce any benefit or compensation inuring to Executive of a kind elsewhere provided. No provision of this Agreement shall be interpreted to mean that Executive is subject to receiving fewer benefits than those available to him without reference to this Agreement. Nothing in this Agreement shall confer upon the Executive the right to continue in the employ of the Holding Company or shall impose on the Holding Company any obligation to employ or retain Executive in its employ for any period, but any termination following a Change of Control shall be subject to the terms and conditions hereof.

EFFECT ON PRIOR AGREEMENTS AND EXISTING BENEFIT PLANS. This Agreement contains the entire understanding between the parties hereto and supersedes any prior agreement between the Holding Company and Executive (including without limitation that certain Change of Control Agreement between the Holding Company and Executive dated as of [ ],1997)Executive, except that this Agreement shall not affect or operate to reduce any benefit or compensation, including any benefit or compensation payable pursuant to Executive's employment contract with the Holding Company dated __________, inuring to Executive of a kind elsewhere provided. No provision of this Agreement shall be interpreted to mean that Executive is subject to receiving fewer benefits than those available to him without reference to this Agreement. Nothing in this Agreement shall confer upon the Executive the right to continue in the employ of the Holding Company or any of its affiliates or shall impose on the Holding Company or any of its affiliates any obligation to employ or retain Executive in its employ for any period, but any termination following a Change of Control shall be subject to the terms and conditions hereof.

EFFECT ON PRIOR AGREEMENTS AND EXISTING BENEFIT PLANS. This Agreement contains the entire understanding between the parties hereto and supersedes any prior agreement between the Holding Company and Executive (including without limitation that certain Change of Control Agreement between the Holding Company and Executive dated as of [ ],, 1997), except that this Agreement shall not affect or operate to reduce any benefit or compensation inuring to Executive of a kind elsewhere provided. No provision of this Agreement shall be interpreted to mean that Executive is subject to receiving fewer benefits than those available to him without reference to this Agreement. Nothing in this Agreement shall confer upon the Executive the right to continue in the employ of the Holding Company or shall impose on the Holding Company any obligation to employ or retain Executive in its employ for any period, but any termination following a Change of Control shall be subject to the terms and conditions hereof.