Common use of Entire Agreement; Modifications Clause in Contracts

Entire Agreement; Modifications. This Agreement constitutes the entire and final expression of the agreement of the parties with respect to the subject matter hereof and supersedes all prior agreements, oral and written, between the parties hereto with respect to the subject matter hereof. This Agreement may be modified or amended only by an instrument in writing signed by both parties hereto.

Entire Agreement; Modifications. This Agreement constitutes the entire and final expression of the agreement of between the parties with respect to respecting the subject matter hereof hereof, and supersedes all prior agreementsnegotiations, oral undertakings, agreements and written, between the parties hereto arrangements with respect to the subject matter hereofthereto, whether written or oral. This Except as otherwise explicitly provided herein, this Agreement may not be amended or modified or amended only except by an instrument in writing written agreement signed by both parties heretothe Executive and the Employer.

Entire Agreement; Modifications. This Agreement (including all exhibits hereto) constitutes the entire and final expression of the agreement of the parties with respect to the subject matter hereof and supersedes supersede all prior agreements, oral and written, between the parties hereto with respect to the subject matter hereof. In the event of any inconsistency between any provision of this Agreement and any provision of any plan, employee handbook, personnel manual, program, policy, arrangement or agreement of Company or any of its subsidiaries or affiliates, the provisions of this Agreement shall control. This Agreement may be modified or amended only by an instrument in writing signed by both parties heretoparties.

Entire Agreement; Modifications. This Agreement constitutes represents the entire and final expression of the agreement of understanding among the parties with respect to the subject matter hereof hereof, and this Agreement supersedes any and all prior understandings, agreements, plans and negotiations, whether written or oral and written, between the parties hereto with respect to the subject matter hereofhereof including without limitation, any understandings, agreements or obligations respecting any past or future compensation, bonuses, reimbursements or other payments to Employee from the Company. This All modifications to this Agreement may must be modified or amended only by an instrument in writing and signed by both parties hereto.

Entire Agreement; Modifications. This Except as otherwise provided herein or in the exhibits hereto, this Agreement constitutes represents the entire and final expression of the agreement of understanding among the parties with respect to the subject matter hereof of this Agreement, and this Agreement supersedes any and all prior and contemporaneous understandings, agreements, oral plans, and writtennegotiations, between the parties hereto whether written or oral, with respect to the subject matter hereof. This All modifications to the Agreement may must be modified or amended only by an instrument in writing and signed by both each of the parties hereto.

Entire Agreement; Modifications. This Agreement constitutes the entire and final expression of the agreement of the parties with respect to the subject matter hereof and supersedes all prior agreements, oral and written, between the parties hereto with respect to the subject matter hereof. This Agreement may be modified or amended only by an instrument in writing signed by both parties hereto.

Entire Agreement; Modifications. This Agreement constitutes the entire and final expression of the agreement of between the parties with respect to respecting the subject matter hereof hereof, and supersedes all prior agreementsnegotiations, oral undertakings, agreements and written, between the parties hereto arrangements with respect to the subject matter hereofthereto, whether written or oral. This Except as otherwise explicitly provided herein, this Agreement may not be amended or modified or amended only except by an instrument in writing written agreement signed by both parties heretoExecutive and Employer.

Entire Agreement; Modifications. This Agreement constitutes the entire and final expression of the agreement of the parties with respect to the its subject matter hereof and supersedes all prior agreements, oral and written, between the parties hereto with respect to the subject matter hereofof this Agreement. This Agreement may be modified or amended only by an instrument in writing signed by both parties heretoparties.

Entire Agreement; Modifications. This Except as otherwise provided herein, this Agreement constitutes represents the entire and final expression of the agreement of understanding among the parties with respect to the subject matter hereof hereof, and, as of the Effective Date, this Agreement supersedes any and supersedes all prior understandings, agreements, oral plans and writtennegotiations, between the parties hereto whether written or oral, with respect to the subject matter hereof, including without limitation, the Prior Agreement. This All modifications to the Agreement may must be modified or amended only by an instrument in writing and signed by both parties heretothe party against whom enforcement of such modification is sought.

Entire Agreement; Modifications. This Agreement constitutes the entire and final expression of the agreement of the parties with respect to the subject matter hereof and supersedes all prior agreements, oral and written, between the parties hereto with respect to the subject matter hereofhereof including, without limitation, any existing agreement regarding employment or compensation between or among Executive and the Company. This Agreement may be modified or amended only by an instrument in writing signed by both parties hereto.

Entire Agreement; Modifications. This Agreement constitutes contains the entire and final expression of the agreement of the parties with respect to the subject matter hereof and supersedes all prior agreements, oral understandings, negotiations, and writtendiscussions of the parties. There are no conditions, between the parties hereto with respect representations, warranties, covenants, agreements or other provisions, express or implied, relating to the subject matter hereofof this Agreement except as expressly provided in this Agreement. This Agreement may only be modified changed, modified, supplemented or amended only by an instrument agreement in writing signed by both parties heretothe party to be bound thereby.

Entire Agreement; Modifications. This Agreement constitutes the entire and final expression of the agreement of the parties with respect and supercedes any prior agreements or understandings between them, whether written or oral. Any waivers, changes or modifications to the subject matter hereof and supersedes all prior agreements, oral and written, between the parties hereto with respect to the subject matter hereof. This this Agreement may must be modified or amended only by an instrument in writing signed by both parties heretowriting.

Entire Agreement; Modifications. This Agreement constitutes the entire and final expression of the agreement of Agreement between the parties with respect to regarding the subject matter hereof and supersedes all prior agreementsother Agreements, oral representations and written, between the parties hereto with respect warranties. All modifications and supplements to the subject matter hereof. This this Agreement may must be modified or amended only by an instrument in writing and signed by both parties heretoparties.

Entire Agreement; Modifications. This Agreement constitutes is the entire and final expression of the agreement of between the parties with respect to regarding the subject matter hereof herein and supersedes all prior agreements, oral agreements and written, understandings between the parties hereto with respect to the regarding such subject matter hereofmatter. This Agreement may not be altered, amended or modified or amended only except by an instrument in writing written document signed by both parties heretoall parties.

Entire Agreement; Modifications. This Agreement constitutes contains the entire and final expression of the agreement of between the parties with respect to the its subject matter hereof and supersedes all prior other agreements, whether oral and or written, between the parties hereto with respect to the regarding such subject matter hereofmatter. This Agreement may be modified or amended terminated only by an through a written instrument in writing signed by both parties heretoeach of the parties.

Entire Agreement; Modifications. This Agreement constitutes the entire and final expression of the agreement of the parties with respect to the subject matter hereof and supersedes all prior agreements, oral and written, between the parties hereto with respect to the subject matter hereof. This Agreement may be modified or amended only by an instrument in writing signed by both parties hereto.

Entire Agreement; Modifications. This Agreement constitutes The terms and conditions herein constitute the entire agreement and final expression of the agreement of understanding by and between the parties and shall supersede all other communications, negotiations, arrangements, and agreements either oral or written, with respect to the subject matter hereof and supersedes all prior agreements, oral and written, between the parties hereto with respect to the subject matter hereofherein. This The Parties may modify this Agreement may be modified or amended only by an instrument in writing signed by both parties heretomutual written agreement.

Entire Agreement; Modifications. This Unless otherwise specified, this Agreement constitutes the entire and final expression of the agreement of the parties with respect to the subject matter hereof and supersedes all prior agreements, oral and written, between the parties hereto with respect to the subject matter hereof. This Agreement may be modified or amended only by an instrument in writing signed by both parties hereto.

Entire Agreement; Modifications. This Agreement constitutes the entire and final expression of the agreement of between the parties with respect to respecting the subject matter hereof hereof, and supersedes all prior agreementsnegotiations, oral undertakings, agreements and written, between the parties hereto arrangements with respect to the subject matter hereofthereto, whether written or oral. This Except as otherwise explicitly provided herein, this Agreement may not be amended or modified or amended only except by an instrument in writing written agreement signed by both parties heretothe Employee and the Employer.

Entire Agreement; Modifications. This Agreement Agreement, with referenced Attachment "A," constitutes the entire and final expression of the agreement of the parties with respect to the subject matter hereof and supersedes all prior and/or contemporaneous agreements, oral and written, between the parties hereto with respect to the subject matter hereof. This Agreement may be modified or amended only by an instrument in writing signed by both parties hereto.

Entire Agreement; Modifications. This Agreement constitutes contains the entire and final expression of the agreement of the parties with respect to the subject matter hereof and supersedes all prior agreements, oral and written, between the parties hereto with respect to the subject matter hereofand supersedes all negotiations, prior discussions, agreements and understandings relating to the subject matter of this Agreement. This Any modifications to this Agreement may must be modified or amended only by an instrument approved in writing signed by both the parties hereto.

Entire Agreement; Modifications. This The parties hereto agree that this Agreement constitutes represents the entire complete and final expression exclusive statement of the agreement of Agreement between the parties with respect parties, and supersedes all prior proposals and understandings, oral or written, relating to the subject matter hereof and supersedes all prior agreements, oral and written, between the parties hereto with respect to the subject matter hereofof this Agreement. This Agreement may be modified or amended only by an instrument in writing signed executed by both the parties hereto.

Entire Agreement; Modifications. This Agreement constitutes represents the entire and final expression of the agreement of understanding among the parties with respect to the subject matter hereof hereof, and this Agreement supersedes any and all prior understandings, agreements, plans and negotiations, whether written or oral and written, between the parties hereto with respect to the subject matter hereofhereof including without limitation, any understandings, agreements or obligations respecting any past or future compensation, bonuses, reimbursements or other payments to Executive from the Company. This All modifications to this Agreement may must be modified or amended only by an instrument in writing and signed by both parties hereto.

Entire Agreement; Modifications. This Agreement constitutes the entire and final expression of the agreement of the parties with respect to the subject matter hereof and supersedes all prior agreements, oral and written, between the parties hereto with respect to the subject matter hereofof this Agreement. This Agreement may shall not be modified modified, amended, cancelled or amended only terminated except by an instrument agreement in writing signed by both the parties hereto.

Entire Agreement; Modifications. This Agreement constitutes the entire and final expression of the agreement of between the parties with respect to the subject matter hereof and supersedes all prior agreements, oral and written, between the parties hereto with respect to the subject matter hereof. This No change, addition or modification to this Agreement may shall be modified or amended only by an instrument effective unless signed in writing signed by both parties heretoall parties.

Entire Agreement; Modifications. This Agreement constitutes including its Appendices constitute the entire and final expression of the complete agreement of between the parties with respect to the subject matter hereof and supersedes all prior agreementsor contemporaneous agreements or representations or warranties, oral and writtenwritten or oral, between the parties hereto with respect to concerning the subject matter hereofof this Agreement. This Agreement may not be modified or amended only by an instrument except in writing and signed by both parties heretoa duly authorised representative of each party.

Entire Agreement; Modifications. This Agreement constitutes the entire and final expression of the agreement of between the parties with respect to to, and supersedes any and all prior agreements between the parties hereto both oral and written concerning, the subject matter hereof and supersedes all prior agreementsmay not be amended, oral and written, between the parties hereto with respect to the subject matter hereof. This Agreement may be modified or amended only terminated except by an instrument in a writing duly signed by both the parties hereto.

Entire Agreement; Modifications. This Agreement constitutes the entire and final expression of the agreement of the parties with respect to the subject matter hereof and supersedes all prior agreements, oral and written, between the parties hereto with respect to the subject matter hereof. This Agreement may not be modified modified, amended or amended only waived except by an a written instrument signed by the Executive and approved in writing signed by both parties heretothe Company's Management Committee.

Entire Agreement; Modifications. This Agreement constitutes represents the entire and final expression of the agreement of understanding between the parties with respect to the subject matter hereof hereof, and this Agreement supersedes any and all prior understandings, agreements, oral plans and writtennegotiations, between the parties hereto whether written or oral, with respect to the subject matter hereof, including, without limitation, any understandings, agreements or obligations respecting any past or future compensation, bonuses, reimbursements or other payments to Employee from the Company. This All modifications to this Agreement may must be modified or amended only by an instrument in writing and signed by both parties heretothe party against whom enforcement of such modification is sought.

Entire Agreement; Modifications. This Agreement constitutes contains the entire and final expression of the agreement of the parties with respect to the subject matter hereof and supersedes all prior agreements, oral and written, between the parties hereto with respect to the transactions contemplated hereby, and contains all of the terms and conditions thereof and supersedes all prior agreements and understandings relating to the subject matter hereof. This No changes or modifications of or additions to this Agreement may shall be modified or amended only by an instrument valid unless the same shall be in writing and signed by both parties each party hereto.

Entire Agreement; Modifications. This Agreement constitutes represents the entire and final expression of the agreement of understanding between the parties with respect to the subject matter hereof and supersedes any and all prior understandings, agreements, oral plans and writtennegotiations, between the parties hereto whether written or oral, with respect to the subject matter hereof. This All modifications to this Agreement may must be modified or amended only by an instrument in writing and signed by both parties heretothe party against whom enforcement of such modification is sought.

Entire Agreement; Modifications. This Agreement constitutes the entire and final expression of the agreement of the parties with respect to the subject matter hereof and supersedes all prior agreements, oral and written, between the parties hereto with respect to the subject matter hereof. This Agreement may be modified or amended only by an instrument in writing signed by both parties hereto. If any provision of this Agreement conflicts with any other agreement, policy, plan, practice or other Company document, then the provisions of this Agreement will control.

Entire Agreement; Modifications. This Agreement constitutes the entire full and final expression of complete understanding between the agreement of the parties with respect to the subject matter hereof Parties and supersedes all prior agreements, arrangements, and understandings, whether oral and or written, between the parties hereto with respect Parties relating to the subject matter hereof. This Agreement may be modified or amended only by an instrument in writing signed by both parties hereto.

Entire Agreement; Modifications. This Agreement constitutes the entire and final expression of the agreement of the parties with respect to the subject matter hereof and supersedes all prior agreements, oral and written, between the parties hereto with respect to the subject matter hereofhereof including, without limitation, the Old Agreement and any other existing agreement regarding employment or compensation between or among Executive and the Company and/or Communications. This Agreement may be modified or amended only by an instrument in writing signed by both parties hereto.

Entire Agreement; Modifications. This Agreement constitutes the entire and final expression of the agreement of the parties with respect to the subject matter hereof and supersedes all prior agreements, oral and written, between the parties hereto with respect to the subject matter hereof. This Agreement and may be modified or amended only by an instrument in writing a written agreement signed by both the parties hereto.

Entire Agreement; Modifications. This Agreement Agreement, including any incorporated provision, constitutes the entire and final expression of the agreement of understanding between the parties with respect and supersedes any prior written or oral understanding between them as to the subject matter hereof and supersedes all prior agreements, oral and written, between the parties hereto with respect to the subject matter hereofcontained herein. This Agreement may not be modified amended, changed or amended only modified, in whole or in part, except by an instrument in writing signed by both parties heretoLender and by NELA.

Entire Agreement; Modifications. This Agreement constitutes and the agreements referred to herein constitute the entire and final expression of the agreement of the parties with respect to the subject matter hereof hereof, and supersedes all prior agreements, oral and written, between the parties hereto with respect to the subject matter hereof. This this Agreement may not be modified or amended only by an instrument except in writing signed by both parties heretowriting.

Entire Agreement; Modifications. This Agreement Agreement, including the ------------------------------- Exhibits attached hereto, constitutes the entire and final expression of agreement between the agreement of the parties Parties with respect to the subject matter hereof and supersedes all prior agreements, oral and written, between as of the parties hereto Effective Date with respect to the subject matter hereofServices. All prior and contemporaneous agreements, representations, statements, negotiations, understandings and undertakings, whether written or oral, are superseded by this Agreement, including but not limited to the Letter of Intent. This Agreement may be modified or amended only by an instrument in writing a written document signed by both parties heretoParties.

Entire Agreement; Modifications. This Agreement Agreement, including any incorporated provisions, constitutes the entire and final expression of the agreement of the parties with respect to the subject matter hereof and supersedes all prior agreements, oral and written, understanding between the parties hereto with respect to the subject matter hereofand supersedes any prior written or oral understanding between them. This Agreement may not be modified amended, changed, or amended only modified, in whole or in part, except by an instrument in writing signed by both parties heretoLender and by NELA.

Entire Agreement; Modifications. This Agreement constitutes the entire and final expression of the agreement of the parties with respect to the subject matter hereof and thereof and supersedes all prior agreements, oral and written, between the parties hereto with respect to the subject matter hereofhereof and thereof. This Agreement may be modified or amended only by an instrument in writing signed by both parties hereto.

Entire Agreement; Modifications. This Agreement constitutes the entire and final expression of the agreement of the parties with respect to the subject matter hereof and supersedes all prior agreements, oral and written, between the parties hereto and supersedes any prior agreements, promises and representations with respect to the subject matter hereof, whether oral or written. This Agreement may be modified or amended only by an instrument in a writing signed executed by both the parties hereto.

Entire Agreement; Modifications. This The Agreement constitutes represents the entire and final expression understanding of the agreement of the parties with respect to the subject matter hereof and supersedes all prior agreements, oral and written, between the parties hereto with respect to the subject matter hereof. This Agreement may , and cannot be modified amended, supplemented or amended changed orally, but only by an instrument agreement in writing signed by both the party or parties heretoagainst whom enforcement is sought and making specific reference to this Agreement.

Entire Agreement; Modifications. This Agreement constitutes represents the ------------------------------- entire and final expression of the agreement of understanding between the parties with respect to the subject matter hereof hereof, and this Agreement supersedes any and all prior understandings, agreements, oral plans and writtennegotiations, between the parties hereto written or oral, with respect to the subject matter hereof. This All modifications to the Agreement may must be modified or amended only by an instrument in writing and signed by both parties heretothe party against whom enforcement of such modification is sought.

Entire Agreement; Modifications. This Agreement constitutes the entire agreement and final expression of the agreement of understanding between the parties with respect to the subject matter hereof and supersedes all prior agreements, oral and written, between the parties hereto with respect to the subject matter hereofnegotiations regarding any wages or compensation are merged into this Agreement. This Agreement may not be modified or amended only by an instrument except as may be set forth in writing signed and executed by both the parties hereto. The parties acknowledge that there are no other promises, agreements, condition, undertakings, warranties, or representation, oral or written, express or implied, between them other than as set forth herein and in the Employment Agreement.

Entire Agreement; Modifications. This Agreement constitutes the entire and final expression of understanding between the agreement of the parties with respect to the subject matter hereof Parties and supersedes and cancels all prior agreements, oral and writtenexpress or implied, between the parties hereto written or oral, with respect to the its subject matter hereofmatter. This Agreement may be modified or amended extended, but only by an instrument in writing signed a written agreement executed by both parties heretothe Parties.

Entire Agreement; Modifications. This Agreement constitutes the entire and final expression of the agreement of the parties with respect to the subject matter hereof and supersedes all prior agreementsrepresentations, proposals, discussions, and communications, whether oral and written, between the parties hereto with respect to the subject matter hereofor in writing. This Agreement may be modified or amended only by an instrument in a writing signed executed by both parties heretoa duly authorized representative of each party.

Entire Agreement; Modifications. This Agreement constitutes and the agreements ancillary hereto, supersede any and all agreements heretofore made, written or oral, relating to the subject matter hereof, and constitute the entire and final expression of the agreement of the parties with respect to the subject matter hereof and supersedes all prior agreements, oral and written, between the parties hereto with respect relating to the subject matter hereof. This Agreement may be modified or amended only by an instrument in writing signed by both parties heretothe Buyer on the one hand and the Company and COMARCO on the other hand.

Entire Agreement; Modifications. This Agreement constitutes the entire and final expression of the agreement of the parties with respect to the subject matter hereof and supersedes all prior agreements, oral and written, between the parties hereto with respect to regarding the subject matter hereofmatters set forth herein and supersedes any and all prior and contemporaneous agreements, representations, and understandings of the parties, whether written or oral, regarding such matters. This Agreement may not be modified changed, modified, amended or amended only supplemented except by an written instrument in writing signed by both parties heretoparties.

Entire Agreement; Modifications. This Agreement constitutes Agreement, together with any exhibits hereto, constitute the entire and final expression of the agreement of the parties with respect to the subject matter hereof and supersedes all prior agreements, oral and written, between the parties hereto with respect Parties relating to the subject matter hereof. This Agreement It may not be modified or amended only by an instrument except in a writing and signed by both parties heretoParties. All previous agreements or arrangements between the Parties, written or oral, relating to the subject matter hereof are hereby canceled and superseded.

Entire Agreement; Modifications. This Agreement constitutes ------------------------------- the entire and final expression of the agreement of between the parties with respect pertaining to the subject matter hereof and supersedes all prior and contemporaneous agreements, representations, negotiations and understandings of the parties, whether oral and or written. No supplement, between the parties hereto with respect modification or amendment to the subject matter hereof. This this Agreement may shall be modified or amended only by an instrument binding unless executed in writing signed by both all the parties hereto.

Entire Agreement; Modifications. This Agreement constitutes is the entire final, complete, and final expression of the exclusive agreement of the parties Parties with respect to the subject matter hereof and supersedes and merges all prior agreements, oral or contemporaneous communications and written, understandings between the parties hereto with respect Parties. No modification of or amendment to the subject matter hereof. This this Agreement may will be modified or amended only by an instrument effective unless in writing and signed by both parties heretothe Party to be charged.

Entire Agreement; Modifications. This Agreement constitutes the entire and final expression of the agreement of between the parties with respect to respecting the subject matter hereof hereof, and supersedes all prior agreementsnegotiations, oral undertakings, agreements and written, between the parties hereto arrangements with respect to the subject matter hereofthereto, whether written or oral. This Except as otherwise explicitly provided herein, this Agreement may not be amended or modified or amended only except by an instrument in writing written agreement signed by both parties heretoEmployee and Employer.

Entire Agreement; Modifications. This Agreement constitutes the entire and final expression of the agreement of the parties with respect to the subject matter hereof and supersedes all prior agreements, oral and written, between the parties hereto with respect to the subject matter hereof. This Agreement may be modified or amended only by an instrument in writing signed by both parties hereto.

Entire Agreement; Modifications. This Agreement constitutes the entire and final expression of the agreement of the parties with respect to the subject matter hereof and supersedes all prior agreements, oral and written, agreements between the parties hereto with respect to the subject matter hereof. This Agreement may not be amended or modified or amended only otherwise than by an instrument in writing signed a written agreement executed by both parties heretothe Restricted Person and a duly authorized officer of the Company.

Entire Agreement; Modifications. This Agreement constitutes is the entire and final expression of the agreement of Agreement between the parties with respect to the subject matter hereof and supersedes all prior negotiations, representations, or agreements, oral and written, between the parties hereto with respect to the subject matter hereofwhether written or oral. This Agreement may be modified or amended only by an instrument in writing written agreement signed by both parties heretoparties.

Entire Agreement; Modifications. This Agreement constitutes contains the entire and final expression understanding of the agreement of the parties with respect Parties relating to the subject matter hereof and supersedes all prior agreementsagreements and understandings, oral and writtenwritten or oral, among or between the parties hereto with respect Parties relating to the subject matter hereof. The recitals to this Agreement are hereby incorporated by reference into and made a part of this Agreement for all purposes. This Agreement may not be modified amended, modified, altered or amended only supplemented other than by an means of a written instrument in writing signed by both parties heretoduly executed and delivered on behalf of all of the Parties.

Entire Agreement; Modifications. This Agreement constitutes represents the entire and final expression of the agreement of understanding between the parties with respect to the subject matter hereof hereof, and this Agreement supersedes any and all prior understandings, agreements, oral plans and writtennegotiations, between the parties hereto whether written or oral, with respect to the subject matter hereof, including, without limitation, any understandings, agreements or obligations respecting any past or future compensation, stock options or issuances, bonuses, reimbursements or other payments to Officer from the Company. This All modifications to this Agreement may must be modified or amended only by an instrument in writing and signed by both parties heretothe party against whom enforcement of such modification is sought.

Entire Agreement; Modifications. This Agreement constitutes the entire and final expression of the agreement of the parties with respect to the subject matter hereof and supersedes all prior agreements, oral and written, between the parties hereto with respect to the subject matter hereof, including without limitation the Employment Agreement, dated October 1, 1997 between the Company and the Employee. This Agreement may be modified or amended only by an instrument in writing signed by both parties hereto.

Entire Agreement; Modifications. This Agreement constitutes represents the entire understanding among the Parties with respect to the subject matter hereof, and final expression of the agreement of the parties this Agreement supersedes any and all prior understandings, agreements, plans and negotiations, whether written or oral with respect to the subject matter hereof and supersedes all prior agreementsincluding without limitation, oral and writtenany understandings, between agreements or obligations respecting any past or future compensation, bonuses, reimbursements or other payments to Employee from the parties hereto with respect Company. All modifications or amendments to the subject matter hereof. This this Agreement may must be modified or amended only by an instrument in writing and signed by both parties Parties hereto.

Entire Agreement; Modifications. This Agreement constitutes the entire final, exclusive, and final expression of the agreement complete understanding of the parties with respect to the subject matter hereof and supersedes any and all prior agreements, oral understandings and written, between the parties hereto discussions with respect to the subject matter hereof. This Agreement may be modified or amended only by an instrument in writing signed by both parties heretothereto.

Entire Agreement; Modifications. This Agreement constitutes represents the entire and final expression understanding of the agreement of the parties with respect Parties and supersedes all other prior or contemporaneous written or oral agreements pertaining to the subject matter hereof and supersedes all prior agreements, oral and written, between the parties hereto with respect to the subject matter hereofof this Agreement. This Agreement may shall not be modified or amended only except by an instrument in a writing signed by both parties heretoparties.

Entire Agreement; Modifications. This Agreement constitutes contains the entire agreement and final expression understanding of the agreement of the parties with respect to the subject matter hereof and supersedes all prior agreements, oral and written, between the parties hereto with respect to the subject any matter hereofmentioned herein, and no prior or contemporaneous agreement or understanding pertaining to any such matter shall be effective. This Agreement may be modified or amended only by an instrument in a writing signed by both the parties heretoin interest at the time of the modification.

Entire Agreement; Modifications. This Agreement constitutes the entire and final expression of agreement between the agreement of the parties with respect to Parties regarding the subject matter hereof and supersedes all prior agreements. No change, oral and written, between the parties hereto with respect modification or amendment shall be made to the subject matter hereof. This this Agreement may be modified or amended only by an instrument unless set forth in writing and signed by both parties heretoeach of the Parties.

Entire Agreement; Modifications. This Agreement constitutes the entire agreement and final expression understanding of the agreement of the parties with respect to the subject matter hereof and supersedes all prior agreements, oral and written, between the parties hereto Parties with respect to the subject matter hereof, and supercedes all prior written or oral negotiations, commitments, arrangements, agreements or understandings with respect to such matters. This Agreement may can not be modified or amended only by an instrument except in a writing signed by both parties heretoall the Parties.

Entire Agreement; Modifications. This Agreement constitutes the entire full and final expression of the complete understanding and agreement of the parties Parties with respect to the subject matter hereof covered herein and supersedes all prior agreements, and contemporaneous oral or written understandings and written, between the parties hereto agreements with respect to the subject matter hereofthereto. This Agreement may be modified or amended only by an instrument in writing a written amendment signed by both parties heretothe authorized representatives of the Parties.

Entire Agreement; Modifications. This Agreement constitutes the entire and final expression of agreement between the agreement of the parties with respect to the subject matter hereof and supersedes parties, superseding all prior oral or written agreements, oral understandings and written, between the parties hereto with respect to representations on the subject matter hereof; and there are no conditions affecting this Agreement that are not expressed herein. This The provisions of this Agreement may be waived, modified or amended only by an a written instrument in writing signed by both parties heretoparties.

Entire Agreement; Modifications. This Agreement agreement constitutes the entire and final expression of the agreement of the parties with respect regard to the its subject matter hereof and supersedes all prior agreements, previous written or oral agreements and written, understandings between the parties hereto with respect regard to the that subject matter hereofmatter. This Agreement may No modification of or amendment to this agreement will be modified or amended only by an instrument effective unless made in writing and signed by both parties hereto.parties

Entire Agreement; Modifications. This Agreement constitutes contains the entire and final expression of the complete agreement of the parties Parties with respect regard to the subject matter hereof and supersedes all prior agreements, oral and written, between the parties hereto with respect to the subject matter hereof. This Agreement may cannot be modified changed or amended only except by an instrument in writing signed written agreement executed by both parties heretothe Parties.

Entire Agreement; Modifications. This Agreement Agreement, with referenced Attachment “A”, constitutes the entire and final expression of the agreement of the parties with respect to the subject matter hereof and supersedes all prior and/or contemporaneous agreements, oral and written, between the parties hereto with respect to the subject matter hereof. This Agreement may be modified or amended only by an instrument in writing signed by both parties hereto.

Entire Agreement; Modifications. This Agreement constitutes the entire and final expression of the agreement of the parties with respect to the subject matter hereof and supersedes all prior agreements, oral and written, between the parties hereto with respect to the subject matter hereofhereof and thereof, including, without limitation, the Management Agreement. This Agreement may be modified or amended only by an instrument in writing signed by both parties hereto.

Entire Agreement; Modifications. This Agreement (including all exhibits hereto) constitutes the entire and final expression of the agreement of the parties with respect to the subject matter hereof and supersedes all prior agreements, oral and written, written between the parties hereto with respect to the subject matter hereof. This Agreement may be modified or amended only by an instrument in writing signed by both parties heretoparties.

Entire Agreement; Modifications. This Agreement constitutes the entire and final expression of the agreement of the parties with respect to the subject matter hereof of this Agreement and supersedes all prior agreements, oral and written, between the parties hereto with respect to the subject matter hereofof this Agreement. This Agreement may be modified or amended only by an instrument in writing signed by both parties heretoparties.

Entire Agreement; Modifications. This Agreement constitutes contains the entire full and final expression of the agreement complete understanding of the parties with respect pertaining to the subject matter hereof Services and supersedes any and all prior agreementsand contemporaneous representations, oral and writtennegotiations, agreements or understandings between the parties hereto with respect to the subject matter hereofparties, whether written or oral. This Agreement may be modified or amended only by an instrument in writing writing, signed by both parties heretoparties.

Entire Agreement; Modifications. This Agreement Agreement, including any Annex or Exhibit hereto, constitutes the entire and final expression of the agreement of the parties with respect to the subject matter hereof and supersedes all prior agreements, oral and written, between the parties hereto with respect to the subject matter hereof. This Agreement may be modified or amended only by an instrument in writing signed by both parties hereto.

Entire Agreement; Modifications. This Agreement constitutes the entire and final expression of the agreement of the parties with respect to the subject matter hereof and supersedes all prior agreements, oral and written, including the prior Agreement between the parties hereto with respect to the subject matter hereof. This Agreement may be modified or amended only by an instrument in writing signed by both parties hereto.

Entire Agreement; Modifications. This Agreement constitutes is the entire and final expression of agreement between the agreement of the parties Parties with respect to the subject matter hereof and supersedes all any prior agreements, oral and written, agreement or communications between the parties hereto with respect to the subject matter hereofParties, whether written or oral. This Agreement may be modified or amended only by an instrument in writing a written amendment signed by authorized representatives of both parties heretoParties.

Entire Agreement; Modifications. This Agreement constitutes the entire and final expression of agreement between the agreement of the parties Parties with respect to the subject matter hereof and supersedes all prior agreements, oral and written, between the parties hereto with respect to the subject matter hereoftransaction contemplated herein. This Agreement may not be modified or amended changed orally, but only by an instrument agreement in writing signed by both parties heretothe Parties.

Entire Agreement; Modifications. This Agreement constitutes represents the entire and final expression of the agreement of the parties with respect to the subject matter hereof and supersedes all prior agreements, oral and written, understanding between the parties hereto with respect to the subject matter hereof and supersedes any and all prior understandings, agreements, plans and negotiations, whether written or oral, with respect to the subject matter hereof. This All modifications to this Agreement may must be modified or amended only by an instrument in writing and signed by both parties heretothe party against whom enforcement of such modification is sought.

Entire Agreement; Modifications. This Agreement constitutes the entire and final expression of the agreement of between the parties with respect to respecting the subject matter hereof hereof, and supersedes all prior agreementsnegotiations, oral undertakings, agreements and written, between the parties hereto arrangements with respect to the subject matter hereof. This Agreement may be modified thereto, whether written or amended only by an instrument in writing signed by both parties hereto.oral, including, without limitation, that certain Employment Agreement, dated as of November 16,

Entire Agreement; Modifications. This Agreement constitutes contains the entire agreement and final expression of understanding among the agreement of the parties with respect to the subject matter hereof Parties and supersedes any and all prior agreements, oral and writtenarrangements, or understandings of any kind or nature between the parties hereto with respect to the subject matter hereofParties. This Agreement may not be amended, canceled, revoked, or otherwise modified or amended only except by an instrument in writing a written agreement signed by both parties heretoall of the Parties.

Entire Agreement; Modifications. This Agreement constitutes represents the entire and final expression of the agreement of understanding among the parties with respect to the subject matter hereof hereof, and this Agreement supersedes any and all prior understandings, agreements, plans and negotiations, whether written or oral and written, between the parties hereto with respect to the subject matter hereofhereof including without limitation, any understandings, agreements or obligations respecting any past or future compensation, bonuses, reimbursements or other payments to CFO from the Company. This All modifications to this Agreement may must be modified or amended only by an instrument in writing and signed by both parties hereto.

Entire Agreement; Modifications. This Agreement constitutes the entire and final expression of the agreement of the parties with respect to the subject matter hereof and supersedes all prior agreements, oral and written, between the parties hereto with respect to the subject matter hereof, including, without limitation, the Employment Agreement, which is hereby terminated and rendered of no further force and effect. This Agreement may be modified or amended only by an instrument in writing signed by both parties hereto.

Entire Agreement; Modifications. This Agreement constitutes constitute the entire and final expression of the agreement of the parties with respect to the subject matter hereof and supersedes all prior agreements, oral and written, between the parties hereto with respect to the subject matter hereof. This Agreement may be modified or amended only by an instrument in writing signed by both parties hereto.matter

Entire Agreement; Modifications. This Agreement constitutes the entire and final expression of the agreement of the parties with respect to the its subject matter hereof and supersedes all prior agreements, oral and written, between the parties hereto with respect to the subject matter hereofof this Agreement, including without limitation the Employment Agreement dated as of January 7, 1997; provided however that any Stock Option Agreement between the parties signed on or before the Effective Date shall remain in full force and effect. This Agreement may be modified or amended only by an instrument in writing signed by both parties heretoparties.

Entire Agreement; Modifications. This Agreement constitutes the entire and final expression of the agreement of the parties with respect to the subject matter hereof and supersedes all prior agreementsagreements and understandings, oral and written, between the parties hereto with respect to the subject matter hereof. This Agreement may be varied, modified or amended only by an instrument in writing signed by both parties hereto.

Entire Agreement; Modifications. This Agreement constitutes the entire agreement and final expression of the agreement understanding of the parties with respect to the subject matter hereof and supersedes all prior agreementsproposals, negotiations, communications, representations, written or oral agreements and written, understandings between the parties hereto with respect to the subject matter hereof. This No modification of any term or provision of this Agreement may shall be modified or amended only enforceable unless embodied in a writing executed by an instrument in writing signed by both all parties heretoto this Agreement.

Entire Agreement; Modifications. This Agreement constitutes the entire and final expression of the agreement of between the parties with respect to respecting the subject matter hereof hereof, and supersedes all prior agreements, oral and written, between the parties hereto negotiations or agreements with respect to thereto, whether written or oral, including without limitation the subject matter hereofletter agreement dated October 1, 1994, as amended September 24, 1999. This No provision of this Agreement may be modified or amended only waived except by an instrument in writing a written agreement signed by both the parties hereto.

Entire Agreement; Modifications. This Agreement constitutes the entire and final expression of the agreement of the parties with respect to the subject matter hereof and supersedes all prior agreements, oral and written, between the parties hereto with respect to the subject matter hereof. This Agreement may be modified or amended only by an instrument in writing signed by both parties heretoparties.

Entire Agreement; Modifications. This Agreement constitutes the entire and final expression of the agreement of between the parties with respect to respecting the subject matter hereof hereof, and supersedes all prior agreementsnegotiations, oral undertakings, agreements and written, between the parties hereto arrangements with respect to the subject matter hereofthereto, whether written or oral. This Except as otherwise explicitly provided herein, this Agreement may not be amended or modified or amended only except by an instrument in writing written agreement signed by both parties heretoeach of Executives and Heartland.

Entire Agreement; Modifications. This Agreement, the documents which are Exhibits to this Agreement constitutes the entire and final expression of the agreement of any contemporaneous agreements or instruments entered into by the parties with respect to contain the subject matter hereof sole and supersedes all prior agreements, oral and written, entire agreement between the parties hereto with respect to the subject matter hereofand supersede any and all other prior agreements between them. This Agreement may not be modified modified, amended, or amended only supplemented, or otherwise changed, except by a written document executed by an instrument in writing signed by both parties heretoauthorized representative of each of the parties.

Entire Agreement; Modifications. This Agreement constitutes the entire and final expression of the agreement of between the parties with respect to respecting the subject matter hereof hereof, and supersedes all prior agreements, oral and written, between the parties hereto negotiations agreements with respect to the subject matter hereofthereto, whether written or oral. This No provision of this Agreement may be modified or amended only waived except by an instrument in writing a written agreement signed by both the parties hereto.

Entire Agreement; Modifications. This Agreement constitutes the entire and final expression of the agreement of the parties with respect to the subject matter hereof and supersedes supercedes all prior agreements, oral and written, between the parties hereto with respect to the subject matter hereof. This Agreement may be modified or amended only by an instrument in writing signed by both parties hereto.the

Entire Agreement; Modifications. This Agreement constitutes the entire and final expression of the agreement of between the parties with respect to the subject matter hereof hereof, supersedes any prior expression of intent or understanding relating hereto and supersedes all prior agreements, oral and written, between the parties hereto with respect to the subject matter hereof. This Agreement may only be modified or amended only by an a written instrument in writing signed by both parties heretothe parties.

Entire Agreement; Modifications. This Agreement constitutes the entire and final expression of the ------------------------------ agreement of the parties with respect to the subject matter hereof and supersedes all prior agreements, oral and written, between the parties hereto with respect to respecting the subject matter hereof, and supercedes all prior negotiations, undertakings, agreements and arrangements with respect thereto, whether written or oral. This Agreement may not be amended or modified or amended only except by an instrument in writing written agreement signed by both parties heretoExecutive and the Company.

Entire Agreement; Modifications. This Agreement constitutes represents the entire and final expression of the agreement of the parties Parties with respect to the subject matter hereof and supersedes all matters described herein. Except as expressly described herein, there are no prior agreements, oral and written, between the parties hereto with respect or contemporaneous agreements regarding these matters which are not addressed herein. Any change to the subject matter hereof. This this Agreement may shall be modified or amended only by an instrument in writing signed by both parties heretobearing the formal execution of the Parties.

Entire Agreement; Modifications. This Agreement constitutes sets forth the entire and final expression of the agreement of the parties with respect hereto as to the subject matter hereof and supersedes all prior agreements, oral and written, between previous agreements of the parties hereto with respect to the subject matter hereofthereto, whether written, oral or otherwise. This Agreement may not be changed, modified or amended only altered except by an instrument agreement in writing signed by both parties heretoexecuted and delivered on behalf of the Company, EBAS and the Escrow Agent.

Entire Agreement; Modifications. This Agreement constitutes the entire and final expression of the agreement of the parties with respect to the subject matter hereof and supersedes all prior agreements, oral and written, between the parties hereto with respect to the subject matter hereof. This Agreement may be modified or amended only by an instrument in writing signed by both parties hereto.and

Entire Agreement; Modifications. This Agreement constitutes the entire agreement between the parties for sale and final expression purchase of the Property and supersedes any other agreement or understanding of the parties with respect to the subject matter hereof and supersedes all prior agreements, oral and writtenmatters herein contained written or oral, between the parties hereto with respect to the subject matter hereofhereto. This Agreement may not be changed, altered or modified or amended only by an except as set forth in a written instrument in writing signed by both parties heretoexecuted with the same formality as this Agreement.

Entire Agreement; Modifications. This Agreement constitutes the entire and final expression of the agreement of between the parties with respect to respecting the subject matter hereof hereof, and supersedes all prior agreementsnegotiations, oral undertakings, agreements and written, between the parties hereto arrangements with respect to thereto, whether written or oral, including without limitation, the subject matter hereofPrior Agreement. This Except as otherwise explicitly provided herein, this Agreement may not be amended or modified or amended only except by an instrument in writing written agreement signed by both parties heretothe Executive and the Employer.

Entire Agreement; Modifications. This Agreement constitutes contains the entire and final expression of the agreement of the parties with respect to the subject matter hereof and supersedes all prior agreements, oral and written, between the parties hereto with respect relating to the subject matter hereofmatters covered by it, superseding all other oral or written representations, understandings, proposals or other communications between the parties. All exhibits and addenda attached to this Agreement are incorporated into this Agreement by reference. This Agreement may be modified or amended only by an a written instrument in writing signed by both parties heretoan authorized representative of each party.