Common use of ENTIRE AGREEMENT; MODIFICATION AND WAIVER Clause in Contracts

ENTIRE AGREEMENT; MODIFICATION AND WAIVER. This Agreement supersedes any and all other agreements, whether oral or in writing, between the parties hereto with respect to the employment of Employee by Employer and contains all covenants and agreements between the parties relating to such employment in any manner whatsoever. Each party to this Agreement acknowledges that no representations, inducements, promises, or agreements, oral or written, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, and that no other agreement, statement, or promise not contained in this Agreement shall be valid or binding. Any modification of this Agreement shall be effective only if it is in writing signed by the party to be charged. No waiver of any of the provisions of this Agreement shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the party making the waiver.

ENTIRE AGREEMENT; MODIFICATION AND WAIVER. This Agreement supersedes any and all other agreements, whether oral or in writing, between the parties hereto Parties with respect to the employment of Employee Executive by Employer Company and contains all covenants and agreements between the parties Parties relating to such employment in any manner whatsoever. Each party Party to this Agreement acknowledges that no representations, inducements, promises, or agreements, oral or written, have been made by any partyParty, or anyone acting on behalf of any partyParty, which that are not embodied herein, and that no other agreement, statement, or promise not contained in this Agreement shall will be valid or binding. Any modification of this Agreement shall will be effective only if it is in writing signed by the party Party to be charged. No waiver of any of the provisions of this Agreement shall will be deemed, or shall will constitute, a waiver of any other provision, whether or not similar, nor shall will any waiver constitute a continuing waiver. No waiver shall will be binding unless executed in writing by the party Party making the waiver.

ENTIRE AGREEMENT; MODIFICATION AND WAIVER. This Agreement supersedes any and all other agreements, whether oral or in writing, between the parties hereto with respect to the employment of Employee Executive by Employer Company and contains all covenants and agreements between the parties relating to such employment in any manner whatsoever. Each party to this Agreement acknowledges that no representations, inducements, promises, or agreements, oral or written, have been made by any party, or anyone acting on behalf of any party, which that are not embodied herein, and that no other agreement, statement, or promise not contained in this Agreement shall will be valid or binding. Any modification of this Agreement shall will be effective only if it is in writing signed by the party to be charged. No waiver of any of the provisions of this Agreement shall will be deemed, or shall will constitute, a waiver of any other provision, whether or not similar, nor shall will any waiver constitute a continuing waiver. No waiver shall will be binding unless executed in writing by the party making the waiver.

ENTIRE AGREEMENT; MODIFICATION AND WAIVER. This Agreement supersedes any and all other agreements, whether wither oral or in writing, between the parties hereto Parties with respect to the employment subject of Employee by Employer this Agreement and contains all covenants and agreements between the parties Parties relating to such employment engagement in any manner whatsoever. Each party Party to this Agreement acknowledges that no representations, inducements, promises, or agreements, oral or written, have been made by any partyParty, or anyone acting on behalf of any partyParty, which that are not embodied herein, and that no other agreement, statement, or promise not contained in this Agreement shall will be valid or binding. Any modification of this Agreement shall will be effective only if it is in writing signed by the party Party to be charged. No waiver of any of the provisions of this Agreement shall will be deemed, or shall will constitute, a waiver of any other provision, whether or not similar, nor shall will any waiver constitute a continuing waiver. No waiver shall will be binding unless executed in writing by the party Party making the waiver.

ENTIRE AGREEMENT; MODIFICATION AND WAIVER. This Agreement ----------------------------------------- supersedes any and all other agreementsprior agreements between the parties, whether oral or in writingwritten, between the parties hereto with respect to the employment of Employee by Employer and it contains all covenants and agreements between the parties relating to such employment in any manner whatsoever. Each party to this Agreement acknowledges that no representations, inducements, representations inducements promises, or agreementsagreements relating to the subject matter of this Agreement, oral or written, have been made by any either party, . or by anyone acting on behalf of any either party, which are not embodied herein, and that no other agreement, statement, or promise not contained in this Agreement with respect to the subject matter hereof shall be valid or binding. Any amendment or modification of this Agreement shall be effective only if it is in writing signed by the party to be charged. No waiver of any of the provisions of this Agreement shall be deemed, or shall constitute, a waiver of any other provisionprovisions, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the party making the waiver.;

ENTIRE AGREEMENT; MODIFICATION AND WAIVER. This Agreement constitutes the entire agreement of the parties hereto respecting the subject matter hereof and supersedes any all prior agreements, understandings, arrangements, negotiations and all other agreementsdiscussions, whether oral or in writingwritten, of the parties (including, without limitation, the April 1, 1992 "Employment Agreement" (as amended) between the parties hereto with respect Company and the Executive (which said prior agreement is hereby expressly terminated and rendered of no further operative force or effect whatsoever); and there are no warranties, representations or other agreements, express or implied, made by either party to the employment of Employee by Employer and contains all covenants and agreements between other party in connection with the parties relating to such employment in any manner whatsoeversubject matter hereof. Each party to this Agreement acknowledges that no representationsNo supplement, inducementsmodification, promises, waiver or agreements, oral or written, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, and that no other agreement, statement, or promise not contained in this Agreement shall be valid or binding. Any modification termination of this Agreement shall be effective only if it is binding unless executed in writing signed by the party to be chargedbound thereby. No waiver of any of the provisions of this Agreement shall be deemeddeemed to be, or shall constitute, a waiver of any other provision, whether or not similarprovision hereof, nor shall any such waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the party making the waiver.

ENTIRE AGREEMENT; MODIFICATION AND WAIVER. This Agreement supersedes any and all other agreements, including the employment agreement between Executive and Company dated January 20, 2004, whether oral or in writing, between the parties hereto with respect to the employment of Employee Executive by Employer Company and contains all covenants and agreements between the parties relating to such employment in any manner whatsoever. Each party to this Agreement acknowledges that no representations, inducements, promises, or agreements, oral or written, have been made by any party, or anyone acting on behalf of any party, which that are not embodied herein, and that no other agreement, statement, or promise not contained in this Agreement shall will be valid or binding. Any modification of this Agreement shall will be effective only if it is in writing signed by the party to be charged. No waiver of any of the provisions of this Agreement shall will be deemed, or shall will constitute, a waiver of any other provision, whether or not similar, nor shall will any waiver constitute a continuing waiver. No waiver shall will be binding unless executed in writing by the party making the waiver.