Common use of Employer Affiliate Clause in Contracts

Employer Affiliate. Notwithstanding any indication in this Agreement that the Executive is employed directly by the Company, the parties acknowledge and agree that, on the date of this Agreement, the Executive is employed directly either by the Company or by an affiliate of the Company that is involved in the operations of the Division (the "Employer Affiliate"). The parties further agree that the provisions of this Agreement that provide for the Company to have rights or obligations or to take actions with respect to the Executive's employment shall be interpreted to mean that either the Company or the Employer Affiliate shall have such rights and obligations and may take such actions. The Company shall have the discretion to determine whether it or the Employer Affiliate shall exercise such rights, fulfill such obligations and take such actions, and, if the Company determines that an obligation will be fulfilled by the Employer Affiliate, the Company agrees to cause the Employer Affiliate to fulfill such obligations as if the Employer Affiliate were a party to this Agreement.