Entire Agreement Amendment Contract Clauses (1,224)

Entire Agreement Amendment. This Agreement cancels and supersedes all previous agreements other than the Confidentiality Agreement and Assignment of Inventions, by and between Dehaemers and the Company, entered into in connection with his employment by the Company (the "Confidentiality Agreement") relating to the subject matter of this Agreement, written or oral, between the parties, including, without limitation, the Prior Agreement. This Agreement and the Confidentiality Agreement contain the entire understanding of the ...parties with respect to the subject matter hereof and may not be amended, modified or supplemented in any manner whatsoever except as otherwise provided herein or in writing signed by each of the parties. 10 14. Potential Unenforceability of any Provision. If a final judicial determination is made that any provision of this Agreement is an unenforceable restriction against Dehaemers, the provisions of this Agreement will be rendered void only to the extent that a judicial determination finds the provisions unenforceable, and the unenforceable provisions will automatically be reconstituted and become a part of this Agreement, effective as of the date of this Agreement, to the maximum extent in favor of the Company and the Partnership Entities that is lawfully enforceable. A judicial determination that any provision of this Agreement is unenforceable will not render the entire Agreement unenforceable, but rather this Agreement will continue in full force and effect absent any unenforceable provision to the maximum extent permitted by law. View More

Entire Agreement Amendment. THIS AGREEMENT AND THE OTHER LOAN DOCUMENTS AS INCORPORATED HEREIN EMBODY THE FINAL, ENTIRE AGREEMENT BETWEEN THE PARTIES HERETO REGARDING THE MATTERS CONTAINED HEREIN, INCLUDING THE ADMINISTRATIVE AGENT'S, THE SWINGLINE LENDER'S, THE LENDERS' AND THE ISSUING BANK'S FORBEARANCE WITH RESPECT TO THEIR RIGHTS AND REMEDIES ARISING AS A RESULT OF THE SPECIFIED DEFAULT, AND SUPERSEDES ANY AND ALL PRIOR COMMITMENTS, AGREEMENTS, REPRESENTATIONS AND UNDERSTANDINGS, WHETHER WRITTEN OR ORAL, RELATING TO TH...E SUBJECT MATTER HEREOF AND MAY NOT BE CONTRADICTED OR VARIED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS OR SUBSEQUENT ORAL AGREEMENTS OR DISCUSSIONS OF THE PARTIES HERETO. THERE ARE NO ORAL AGREEMENTS AMONG THE PARTIES HERETO. The provisions of this Agreement may be amended or waived only by an instrument in writing signed by the Loan Parties, the Administrative Agent, the Swingline Lender, the Issuing Bank and Lenders party hereto. The Loan Documents, as modified by this Agreement, continue to evidence the agreement of the parties with respect to the subject matter thereof. View More

Entire Agreement Amendment. This Agreement (including the Statement of Work) constitutes the entire agreement with respect to the subject matter hereof, and shall supersede any prior or contemporaneous oral or written agreements, understandings or communications or past courses of dealing between Company and Consultant with respect to the subject matter hereof. This Agreement may not be amended or modified, except in a writing signed by duly authorized representatives of both parties.

Entire Agreement Amendment. This Agreement sets forth the entire Agreement between you and the Company and supersedes any and all prior oral and written agreements or understandings between you and the Company concerning the subject matter, including, but not limited to, the offer letter between you and the Company dated March 22, 2016 and the Change of Control Severance Agreement entered into between you and the Company dated June 23, 2019, except the PIIA which you signed at the start of your employment which shall remai...n in full force and effect. This Agreement may not be altered, amended or modified, except by a further written document signed by you and the Company. You will be provided the opportunity to sign this document electronically if you so choose. Alternately you may date and sign a hard copy of this document in the places indicated below and return it to: NetApp 7301 Kit Creek Rd P.O. Box 13917 Research Triangle Park, NC 27709 Attn: HR – People Operations Your deadline to sign this Agreement is 21 days from your Separation Date. Respectfully, /s/ Debra McCowan Debra McCowan Sr. VP, Human Resources Accepted and agreed to on April 3, 2020 Signed by /s/ Ron Pasek Ron Pasek EX-10.56 7 ntap-ex1056_89.htm EX-10.56 ntap-ex1056_89.htm Exhibit 10.56 April 3, 2020 Ron Pasek Dear Ron: This letter confirms the agreement between NetApp, Inc. ("NetApp" or the "Company") and you regarding the terms of your mutual separation from the Company (the "Agreement"). Your employment will end by mutual agreement on June 5, 2020 (your "Separation Date"). Until your Separation Date, you have agreed to assist with an orderly transition of your duties. View More

Entire Agreement Amendment. This Agreement and any schedules and exhibits hereto constitute the entire agreement among the Parties as to the settlement and supersede any prior agreements, including but not limited to any preliminary, draft settlement documents, among the Parties with respect to the subject matter of this Agreement. No representations, warranties or inducements have been made or relied upon by any Party concerning this Agreement or its exhibits, other than the representations, warranties and covenants expre...ssly set forth in such documents. This Agreement shall not be modified or amended in any way except in writing executed by or on behalf of each Party to be bound thereby or by their respective successors-in-interest. 8 9. Voluntary and Informed Assent. Each Party to this Agreement represent and agree that the Party has read and fully understood the provisions of this Agreement, that they are fully competent to enter into and sign this Agreement, and that they are executing this Agreement voluntarily, free of any duress or coercion. View More