Common use of Entire Agreement; Termination of Prior Agreement Clause in Contracts

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agreement entered into by Executive and Employer or any predecessor thereto or Affiliate thereof) are merged herein and superseded hereby.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 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agreement entered into by Executive and Employer or any predecessor thereto or Affiliate thereof) are merged herein and superseded hereby.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, that 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.