Common use of Effective Date; Entire Agreement Clause in Contracts

Effective Date; Entire Agreement. This Agreement shall become effective on the Effective Date, subject to Executive’s continued employment with the Company through such date. If Executive’s employment with the Company terminates for any reason before the Effective Date or the Merger Agreement is terminated before the closing of the Merger, this Agreement shall terminate automatically and be of no further force or effect, and neither of the parties shall have any obligations hereunder. Effective on the Effective Date, this Agreement shall constitute the entire agreement between the parties and, as of the Effective Date, terminates and supersedes any and all prior agreements and understandings (whether written or oral) between the parties with respect to the subject matter of this Agreement (including the Change in Control Agreement between Executive and the Company dated as of July 26, 2016); provided, however, that the covenants set forth in Section 5 of this Agreement shall be in addition to, and shall not supersede, any restrictive covenants to which Executive is otherwise subject under any other plan, agreement or arrangement of the Companies.

Effective Date; Entire Agreement. This Agreement shall become effective on the Effective Date, subject to Executive’s continued employment with the Company through such date. If Executive’s employment with the Company terminates for any reason before the Effective Date or the Merger Agreement is terminated before the closing of the Merger, this Agreement shall terminate automatically and be of no further force or effect, and neither of the parties shall have any obligations hereunder. Effective on the Effective Date, this Agreement shall constitute the entire agreement between the parties and, as of the Effective Date, terminates and supersedes any and all prior agreements and understandings (whether written or oral) between the parties with respect to the subject matter of this Agreement (including the [Change in Control Agreement/Amended and Restated Employment Agreement between Executive and the Company dated as of July 26, 2016___________]); provided, however, that the covenants set forth in Section 5 of this Agreement shall be in addition to, and shall not supersede, any restrictive covenants to which Executive is otherwise subject under any other plan, agreement or arrangement of the Companies.