Entire Agreement; Termination of Prior Agreement. Except as provided herein, this Agreement contains the entire agreement between Company and Executive with respect to the subject matter hereof and it supersedes and invalidates any previous employment or severance agreements or contracts between them, including, without limitation, the Prior Agreement. No representations, inducements, promises or agreements, oral or otherwise, that are not embodied herein shall be of any force or effect. In the event that this Agreement does not take effect, the Prior Agreement shall continue in full force and effect.
Entire Agreement; Termination of Prior Agreement. This instrument constitutes the entire agreement of the parties in this matter and shall supersede any other agreement between the parties, oral or written, concerning the same subject matter. The Prior Agreement is hereby terminated and deemed by the parties to be void ab initio.
Entire Agreement; Termination of Prior Agreement. This Agreement contains the entire agreement among the parties with respect to the subject matter hereof and supersedes all prior agreements, written or oral, with respect thereto.
Entire Agreement; Termination of Prior Agreement. This Agreement (including the Schedules and Exhibits hereto) constitutes the entire agreement of the Members with respect to the subject matter hereof and supersede all prior written or oral and all contemporaneous oral agreements, understandings and negotiations between the Members with respect to the subject matter hereof.
Entire Agreement; Termination of Prior Agreement. This Amended ------------------------------------------------ Agreement constitutes the entire agreement among the parties hereto with respect to the subject matter hereof. All prior correspondence and proposals (including but not limited to summaries of proposed terms) and all prior promises, representations, understandings, arrangements and agreements relating to such subject matter (including but not limited to those made to or with Executive by any other Person and those contained in the Employment Agreement, the Prior Agreement or any other prior employment, consulting or similar agreement entered into by Executive and Employer or any predecessor thereto or Affiliate thereof) are merged herein and superseded hereby. Executive and Employer each acknowledges and agrees that, subject to the consummation of, and effective as of effective time of, the Merger, the Prior Agreement is hereby terminated in its entirety and shall be of no further force or effect, without any payment or other consideration to or in respect of Executive.
Entire Agreement; Termination of Prior Agreement. This Agreement constitutes the entire agreement among the parties hereto with respect to the subject matter hereof. All prior correspondence and proposals (including but not limited to summaries of proposed terms) and all prior promises, representations, understandings, arrangements and agreements relating to such subject matter (including but not limited to those made to or with the Executive by any other Person and those contained in the Prior Agreement or any other prior employment, consulting or similar agreement entered into by Executive and the Company or any predecessor thereto or Affiliate thereof) are merged herein and superseded hereby.
Entire Agreement; Termination of Prior Agreement. This Agreement contains all of the terms agreed upon by the Employer and the Executive with respect to the subject matter hereof and supersedes all prior agreements, arrangements and communications between the parties dealing with such subject matter, whether oral or written. All prior agreements between Executive and Employer pertaining to Executive’s employment by the Employer, his compensation or benefits following a termination of change of control of Employer are hereby terminated.
Entire Agreement; Termination of Prior Agreement. This Agreement constitutes the entire understanding and agreement between the parties with regard to the subjects hereof, and no party will be liable or bound to any other in any manner by any representations, warranties, covenants and agreements except as specifically set forth herein. The 2004 Registration Rights Agreement and all obligations of the Company thereunder to register any shares of Common Stock on behalf of Early, his estate, heirs, successors or assigns, are terminated, effective as of the date of this Agreement.
Entire Agreement; Termination of Prior Agreement. This ------------------------------------------------ Agreement shall become effective and shall constitute and contain the entire agreement of the parties hereto, superseding any and all prior negotiations, correspondence, understandings and agreements among the parties respecting the subject matter hereof, and the Prior Agreement shall be terminated and all rights granted under the Prior Agreement shall be superseded and replaced in their entirety by the terms set forth herein, upon (A) the execution of this ---- Agreement by (i) the Company, (ii) each of the Founders, (iii) Xxxxxxx, (iv) the holders of a majority of the shares of Common Stock issued or issuable upon conversion of Preferred Stock then outstanding and held by the Series A Investors, Series B Investors, Series E Investors and any assignees of such Investors (as provided for in Section 8 hereof), (iv) United and (v) Covia, and (B) the Initial Closing (as defined in the Purchase Agreement).
Entire Agreement; Termination of Prior Agreement. This Agreement contains the entire agreement of the parties relating to the subject matter of this Agreement and supersedes any prior agreement of the parties. Upon the execution of this Agreement, that certain Agreement between the Bank and Executive dated January 10, 2008 shall be superseded by this Agreement, and the parties shall be deemed to have fully performed under such prior agreement, and no further performance or obligations shall be owing.
