Whole Agreement; Interpretation. No agreements, representations or understandings (whether oral or written and whether express or implied) that are not expressly set forth in this Agreement have been made or entered into by either party with respect to the subject matter hereof. The reference table on the first page and the headings in this Agreement are for convenience of reference only and will not affect the construction or interpretation of this Agreement. The word "or" is used in its non-exclusive sense. Unless otherwise stated, the word "including" should be read to mean "including without limitation" and does not limit the preceding words or terms. All references to "Sections" or other provisions in this Agreement are to the corresponding Sections or provisions in this Agreement. All words in this Agreement will be construed to be of such gender or number as the circumstances require.
Whole Agreement; Interpretation. No agreements, representations or understandings (whether oral or written and whether express or implied) that are not expressly set forth in this Agreement have been made or entered into by either party with respect to the subject matter hereof. In addition, the Executive hereby acknowledges and agrees that
Whole Agreement; Interpretation. This Agreement contains the whole agreement between the Parties concerning the subject matter hereof and supersedes all previous agreements, promises, proposals, representations, understanding and negotiations, whether written or oral, between the Parties relating thereto. Both parties have been advised by counsel and have participated in the negotiation of this Agreement, and it shall not be construed for or against either party as a result of that party’s role in drafting.
Whole Agreement; Interpretation. No agreements, representations or understandings (whether oral or written and whether express or implied) that are not expressly set forth in this Agreement have been made or entered into by either party with respect to the subject matter hereof. In addition, the Executive hereby acknowledges and agrees that this Agreement supersedes in its entirety any employment agreement between the Executive and the Company in effect immediately prior to the effective date of this Agreement, provided that the agreement by the Company to forgive certain indebtedness of the Executive in the principal amount of $529,782, plus accrued interest to the date of forgiveness, and to pay any taxes associated with such forgiveness, provided the Executive remains employed by the Company on July 23, 2004, shall remain in full force and effect, and provided, further, that the Executive's agreement to repay certain other indebtedness in the principal amount of $235,030, plus accrued interest, on or before July 23, 2004, shall remain in full force and effect. Except as provided in the foregoing provisos, as of the effective date of this Agreement, any such prior employment agreement shall terminate without any further obligation by either party thereto, and the Executive hereby relinquishes any further rights that the Executive may have had under such prior employment agreement. The reference table on the first page and the headings in this Agreement are for convenience of reference only and will not affect the construction or interpretation of this Agreement. The word "or" is used in its non-exclusive sense. Unless otherwise stated, the word "including" should be read to mean "including without limitation" and does not limit the preceding words or terms. All references to "Sections" or other provisions in this Agreement are to the corresponding Sections or provisions in this Agreement. All words in this Agreement will be construed to be of such gender or number as the circumstances require.
Whole Agreement; Interpretation. This Agreement replaces and supersedes in its entirety the employment agreement entered into by the Executive, FSII and the Company as of April 6, 2005 (the “Former Agreement”). Without limiting the generality of the foregoing and for the avoidance of doubt, Section 7(d) of the Former Agreement is hereby terminated and of no further force or effect, and replaced by Section 7(g) of this Agreement, notwithstanding the terms of Section 7(d) of the Former Agreement. No agreements, representations or understandings (whether oral or written and whether express or implied) that are not expressly set forth in this Agreement have been made or entered into by either party with respect to the subject matter hereof. The reference table on the first page and the headings in this Agreement are for convenience of reference only and will not affect the construction or interpretation of this Agreement. The word “or” is used in its non-exclusive sense. Unless otherwise stated, the word “including” should be read to mean “including without limitation” and does not limit the preceding words or terms. All references to “Sections” or other provisions are to the corresponding Sections or provisions in this Agreement unless otherwise specified. All words in this Agreement will be construed to be of such gender or number as the circumstances require.
Whole Agreement; Interpretation. No agreements, representations or understandings (whether oral or written and whether express or implied) that are not expressly set forth in this Agreement have been made or entered into by either party with respect to the subject matter hereof. In addition, the Executive hereby acknowledges and agrees that this Agreement supersedes in its entirety any employment agreement between the Executive and the Company in effect immediately prior to the effective date of this Agreement. As of the effective date of this Agreement, such employment agreement shall terminate without any further obligation by either party thereto, and the Executive hereby relinquishes any further rights that the Executive may have had under such prior employment agreement. The reference table on the first page and the headings in this Agreement are for convenience of reference only and will not affect the construction or interpretation of this Agreement. The word "or" is used in its non-exclusive sense. Unless otherwise stated, the word "including" should be read to mean "including without limitation" and does not limit the preceding words or terms. All references to "Sections" or other provisions in this Agreement are to the corresponding Sections or provisions in this Agreement. All words in this Agreement will be construed to be of such gender or number as the circumstances require.
