Common use of Severability; Entire Agreement; Amendments Clause in Contracts

Severability; Entire Agreement; Amendments. This Agreement sets forth the entire understanding between the Executive and the Company as to the subject matter hereof. The terms of any prior plans, policies or agreements relating to the subject matter hereof are hereby superseded and replaced by this Agreement, provided that this Agreement shall not supersede any severance provisions set forth in any applicable contract of employment between the Executive and the Company, except that in order to avoid a duplication of benefits, the Executive shall not be entitled to any severance payments or benefits under such contract of employment if the Executive is entitled to severance payments and benefits under this Agreement. There are no terms, conditions, representations, warranties or covenants other than those contained herein. No term or provision of this Agreement may be amended, waived, released, discharged or modified in any respect, except in writing, signed by the both parties. No waiver of any breach or default shall constitute a waiver of any other breach or default whether of the same or any other covenant or condition. The invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision of this Agreement.

Appears in 3 contracts

Samples: Key Employee Retention Agreement (Emulex Corp /De/), Key Employee Retention Agreement (Emulex Corp /De/), Key Employee Retention Agreement (Emulex Corp /De/)

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Severability; Entire Agreement; Amendments. This Agreement sets forth the entire understanding between the Executive and the Company as to the subject matter hereof. The terms of any prior plans, policies or agreements relating to the subject matter hereof are hereby superseded and replaced by this Agreement, provided that this Agreement shall not supersede any severance provisions set forth in any applicable contract of employment between the Executive and the Company, except that in order to avoid a duplication of benefits, the Executive shall not be entitled to any severance payments or benefits under such contract of employment if the Executive is entitled to severance payments and benefits under this Agreement. There are no terms, conditions, representations, warranties or covenants other than those contained herein. No term or provision of this Agreement may be amended, waived, released, discharged or modified in any respect, except in writing, signed by the both parties. No waiver of any breach or default shall constitute a waiver of any other breach or default whether of the same or any other covenant or condition. The invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision of this Agreement.

Appears in 1 contract

Samples: Key Employee Retention Agreement (Emulex Corp /De/)

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