Entire Agreement Contract Clauses (18,614)

Grouped Into 967 Collections of Similar Clauses From Business Contracts

This page contains Entire Agreement clauses in business contracts and legal agreements. We have organized these clauses into groups of similarly worded clauses.
Entire Agreement. This Agreement represents the entire agreement and understanding between the Company and Executive concerning Executive's employment relationship with the Company, and supersedes and replaces any and all prior agreements and understandings concerning Executive's employment relationship with the Company entered into prior to the date hereof, but it does not supersede or replace any written agreements entered into simultaneous with this Agreement or thereafter. -13- 17. Arbitration. (a) Agreement.... The Company and Executive agree that, except as otherwise provided in Section 8(c), any dispute or controversy arising out of, relating to, or in connection with the employment relationship between them, the inception of that relationship, the termination of that relationship, this Agreement, or the interpretation, validity, construction, performance, breach, or termination thereof, including, without limitation, claims of discrimination, harassment, and/or retaliation, and any violation of whistleblower laws, shall be settled by final and binding arbitration to be held in New York, NY or such other location agreed by the parties hereto, under the auspices of and in accordance with the National Rules for the Resolution of Employment Disputes then in effect of the American Arbitration Association ("AAA"). The arbitrator may grant injunctions or other relief in such dispute or controversy. The decision of the arbitrator shall be final, conclusive and binding on the parties to the arbitration. Judgment may be entered on the arbitrator's decision in any court having jurisdiction. The selection of the arbitrator will be conducted in accordance with the AAA's practices and procedures for disputes of the nature here contemplated. The arbitrator will have authority and discretion to determine the arbitrability of any particular claim, should any disputes arise with respect to such issue. (b) Costs and Fees of Arbitration. The moving party shall pay the costs of the initial arbitration filing (not to exceed two hundred fifty dollars ($250)), and each Party shall pay the remaining costs and expenses of such arbitration equally. Unless otherwise required by law or pursuant to an award by the arbitrator, the Company and Executive shall each pay separately its or Executive's counsel fees and expenses. Notwithstanding the foregoing, the arbitrator may, but need not, award the prevailing party in any dispute its or Executive's legal fees and expenses. View More
Entire Agreement. This Agreement represents the entire agreement and understanding between the Company and Executive concerning Executive's employment relationship with the Company, and supersedes and replaces any and all prior agreements and understandings concerning Executive's employment relationship with the Company entered into prior to the date hereof, but it does not supersede or replace any written agreements entered into simultaneous with this Agreement or thereafter. -13- -12- 17. Arbitration. (a) Agree...ment. The Company and Executive agree that, except as otherwise provided in Section 8(c), any dispute or controversy arising out of, relating to, or in connection with the employment relationship between them, the inception of that relationship, the termination of that relationship, this Agreement, or the interpretation, validity, construction, performance, breach, or termination thereof, including, without limitation, claims of discrimination, harassment, and/or retaliation, and and/or any violation of whistleblower laws, shall be settled by final and binding arbitration to be held in New York, NY Los Angeles, CA or such other location agreed by the parties hereto, under the auspices of and in accordance with the National Rules for the Resolution of Employment Disputes then in effect of the American Arbitration Association ("AAA"). The arbitrator may grant injunctions or other relief in such dispute or controversy. The decision of the arbitrator shall be final, conclusive and binding on the parties to the arbitration. Judgment may be entered on the arbitrator's decision in any court having jurisdiction. The selection of the arbitrator will be conducted in accordance with the AAA's practices and procedures for disputes of the nature here contemplated. The arbitrator will have authority and discretion to determine the arbitrability of any particular claim, should any disputes arise with respect to such issue. (b) Costs and Fees of Arbitration. The moving party Company shall pay the costs of the initial arbitration filing (not to exceed two hundred fifty dollars ($250)), and each Party shall pay the remaining all costs and expenses of such arbitration, including the first appearance arbitration equally. Unless otherwise required by law or pursuant to an award by the arbitrator, the Company and Executive shall each pay separately its or Executive's counsel fees and expenses. Notwithstanding the foregoing, the arbitrator may, but need not, award the filing fee(s). The prevailing party in any dispute its or Executive's legal arbitration shall be entitled to reasonable attorneys' fees and expenses. related costs. View More
Entire Agreement. This Agreement represents the entire agreement and understanding between the Company and Executive concerning Executive's employment relationship with payments to Executive in the Company, event of a Change of Control and supersedes and replaces any and all prior change of control or similar agreements and understandings concerning Executive's employment relationship with between the Company entered into prior to the date hereof, and Executive but it does not supersede any other agreements betwe...en Company and Executive, including but not limited to, any confidentiality or replace similar agreement, any written agreements indemnification agreement, and any restricted stock purchase agreement, restricted stock unit agreement, stock option agreement or other equity award agreement entered into simultaneous with pursuant to the Company's stock plans, except as expressly provided herein. In case of conflict between any of the terms and conditions of this Agreement or thereafter. -13- 17. Arbitration. (a) Agreement. The Company and Executive agree that, except as otherwise provided in Section 8(c), any the documents herein referred to, the terms and conditions of this Agreement shall control. 4 11. Arbitration and Equitable Relief. (i) Any dispute or controversy arising out of, relating to, or in connection with the employment relationship between them, the inception of that relationship, the termination of that relationship, this Agreement, or the interpretation, validity, construction, performance, breach, or termination thereof, including, without limitation, claims of discrimination, harassment, and/or retaliation, and any violation of whistleblower laws, thereof shall be settled by final and binding arbitration to be held in New York, NY or such other location agreed by the parties hereto, under the auspices of and Sunnyvale, California in accordance with the National Employment Arbitration Rules for the Resolution of Employment Disputes then in effect of the American Arbitration Association ("AAA"). Association, then in effect (the "Rules"). The arbitrator may grant injunctions or other relief in such dispute or controversy. The decision of the arbitrator shall be final, conclusive and binding on the parties to the arbitration. Judgment may be entered on the arbitrator's decision in any court having jurisdiction. The selection of the arbitrator will be conducted in accordance with the AAA's practices and procedures for disputes of the nature here contemplated. (ii) The arbitrator will have authority and discretion shall apply Delaware law to determine the arbitrability merits of any particular dispute or claim, should any disputes arise with respect without reference to such issue. (b) Costs rules of conflict of law. The arbitration proceedings shall be governed by federal arbitration law and Fees of Arbitration. by the Rules, without reference to state arbitration law. (iii) The moving party Company shall pay the costs of the initial arbitration filing (not to exceed two hundred fifty dollars ($250)), and each Party shall pay the remaining costs and expenses of such arbitration equally. Unless otherwise required by law or pursuant to an award by the arbitrator, the Company and Executive arbitration. Each party shall each separately pay separately its or Executive's counsel fees and expenses. Notwithstanding (iv) Executive understands that to the foregoing, extent Executive is employed in the arbitrator may, but need not, award United States, nothing in this Agreement modifies Executive's at-will employment status. Either the prevailing party in Company or Executive can terminate the parties' employment relationship at any dispute its time, with or Executive's legal fees and expenses. without cause. View More
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Entire Agreement. The Employment Agreement, as amended by this Amendment, constitutes the entire agreement of all parties hereto with respect to the subject matter hereof and supersedes all prior agreements and undertakings, both written and oral, among the parties hereto with respect to the subject matter hereof. All references in the Employment Agreement to "this Agreement", "hereof", "hereby" and words of similar import shall refer to the Employment Agreement as amended by this Amendment.
Entire Agreement. The Employment Agreement, as amended by this Amendment, hereby, constitutes the entire agreement of all parties hereto with respect to the subject matter hereof and supersedes all prior agreements and undertakings, both written and oral, among the parties hereto with respect to the subject matter hereof. All references in the Employment Agreement to "this Agreement", "hereof", "hereby" and words of similar import shall refer to the Employment Agreement as amended by this Amendment. hereby.
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Entire Agreement. The Lease, as amended by this Amendment, exclusively encompasses the entire agreement of the Parties, and supersedes all previous negotiations, understandings and agreements between the Parties, whether oral or written, including, without limitation, any oral discussions, letters of intent and email correspondence. The Parties acknowledge and represent, by their signatures below, that the Parties have not relied on any representation, understanding, information, discussion, assertion, guarantee,... warranty, collateral contract or other assurance, except those expressly set forth in the Lease and this Amendment, made by or on behalf of any other Party or any other person whatsoever, prior to the execution of this Amendment. The Parties waive all rights and remedies, at law or in equity, arising or which may arise as the result of a Party's reliance on such representation, understanding, information, discussion, assertion, guarantee, warranty, collateral contract or other assurance. View More
Entire Agreement. The Lease, as amended by this Amendment, exclusively encompasses the entire agreement of the Parties, and supersedes all previous negotiations, understandings and agreements between the Parties, whether oral or written, including, without limitation, any oral discussions, letters of intent and email correspondence. The Parties acknowledge and represent, by their signatures below, that the Parties have not relied on any representation, understanding, information, discussion, assertion, guarantee,... warranty, collateral contract or other assurance, except those expressly set forth in the Lease and this Amendment, assurance (including, without limitation, one relating to square footage) made by or on behalf of any the other Party or any other person whatsoever, prior to whatsoever (including, without limitation, any real estate broker or agent) that is not set forth in this Amendment, and the execution of this Amendment. The Parties waive all rights and remedies, at law or in equity, arising or which that may arise as the result of a Party's reliance on such representation, understanding, information, discussion, assertion, guarantee, warranty, collateral contract or other assurance. thereon. View More
Entire Agreement. The Lease, as amended by this Amendment, exclusively encompasses the entire agreement of the Parties, and supersedes all previous negotiations, understandings and agreements between the Parties, whether oral or written, including, without limitation, any oral discussions, letters of intent and email correspondence. The Parties acknowledge and represent, by their signatures below, that the Parties have not relied on any representation, understanding, information, discussion, assertion, guarantee,... warranty, collateral contract or other assurance, except those expressly set forth in the Lease and this Amendment, made by or on behalf of any other Party or any other person whatsoever, prior to the execution of this Amendment. The Parties waive all rights and remedies, at law or in equity, arising or which may arise as the result of a Party's reliance on such representation, understanding, information, discussion, assertion, guarantee, warranty, collateral contract or other assurance. -9- 11. General Provisions. In the event of any conflict between the provisions of the Lease and the provisions of this Amendment, the provisions of this Amendment shall control. Except as set forth in this Amendment, the Lease is ratified and affirmed in its entirety. This Amendment shall inure to the benefit of, and be binding on, the Parties and their respective successors and assigns. This Amendment shall be governed by, and construed and interpreted in accordance with, the laws (excluding the choice of laws rules) of the state of Utah. This Amendment may be executed in any number of duplicate originals or counterparts, each of which when so executed shall constitute in the aggregate but one and the same document. Each exhibit referred to in, and attached to, this Amendment is an integral part of this Amendment and is incorporated in this Amendment by this reference. View More
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Entire Agreement. You and ServiceMaster agree that this Agreement constitutes the complete understanding between you and ServiceMaster regarding the matters herein and that no other promises or agreements, express or implied, will be binding between you and ServiceMaster unless signed in writing by you and ServiceMaster. This Agreement fully supersedes and replaces any and all prior agreements or understandings, if any, between you and ServiceMaster on any matter that is addressed in this Agreement with the excep...tion of confidentiality/non‐solicitation/non‐compete issues except as stated herein. View More
Entire Agreement. You and ServiceMaster agree that this Agreement constitutes the complete understanding between you and ServiceMaster regarding the matters herein and that no other promises or agreements, express or implied, will be binding between you and ServiceMaster unless signed in writing by you and ServiceMaster. This Agreement fully supersedes and replaces any and all prior agreements or understandings, if any, between you and ServiceMaster on any matter that is 5 addressed in this Agreement with the exc...eption of confidentiality/non‐solicitation/non‐compete confidentiality/non-solicitation/non-compete issues except as stated herein. View More
Entire Agreement. You and ServiceMaster agree that this Agreement constitutes the complete understanding between you and ServiceMaster regarding the matters herein and that no other promises or agreements, express or implied, will be binding between you and ServiceMaster unless signed in writing by you and ServiceMaster. This Agreement fully supersedes and replaces any and all prior agreements or understandings, if any, between you and ServiceMaster on any matter that is addressed in this Agreement with the excep...tion of confidentiality/non‐solicitation/non‐compete issues except as stated herein. View More
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Entire Agreement. This Agreement represents the entire agreement between the parties hereto, and there are no other agreements, contracts or understandings between the parties hereto with respect to the subject matter of this Agreement, except as specifically referred to herein or as provided in Section 15 hereof.
Entire Agreement. This Agreement represents the entire agreement between the parties hereto, and there are no other agreements, contracts or understandings between the parties hereto with respect to the subject matter of this Agreement, except as specifically referred to herein or as provided in Section 15 12 hereof.
Entire Agreement. This Agreement represents the entire agreement between the parties hereto, and there are no other agreements, contracts or understandings between the parties hereto with respect to the subject matter of this Agreement, except as specifically referred to herein or as provided in Section 15 16 hereof.
Entire Agreement. This Agreement represents the entire agreement between the parties hereto, and there are no other agreements, contracts or understandings between the parties hereto with respect to the subject matter of this Agreement, except as specifically referred to herein or as provided in Section 15 16 hereof.
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Entire Agreement. This Agreement and the documents expressly referred to herein constitute the entire agreement between the parties hereto with respect to the matters covered hereby, and any other prior or contemporaneous oral or written understandings or agreements with respect to the matters covered hereby are expressly superseded by this Agreement.
Entire Agreement. This Agreement and the documents expressly referred to herein constitute the entire agreement between the parties hereto with respect to the matters covered hereby, and any other prior or contemporaneous oral or written understandings or agreements with respect to the matters covered hereby are expressly superseded by this Agreement.
Entire Agreement. This Agreement and the documents expressly referred to herein constitute the entire agreement between the parties hereto with respect to the matters covered hereby, and any other prior or contemporaneous oral or written understandings or agreements with respect to the matters covered hereby are expressly superseded by this Agreement.
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Entire Agreement. This Agreement represents the entire agreement between the Depositor, on the one hand, and the Underwriters, on the other, with respect to the preparation of the Prospectus, and the conduct of the offering, and the purchase and sale of the Offered Certificates. This Agreement supersedes all prior or contemporaneous agreements and understandings between the parties hereto relating to the subject matter hereof.
Entire Agreement. This Agreement represents the entire agreement between the Depositor, on the one hand, and the Underwriters, on the other, with respect to the preparation of the Prospectus, and the conduct of the offering, and the purchase and sale of the Offered Certificates. This Agreement 37 supersedes all prior or contemporaneous agreements and understandings between the parties hereto relating to the subject matter hereof.
Entire Agreement. This Agreement represents the entire agreement between the Depositor, on the one hand, and the Underwriters, on the other, with respect to the preparation of the Prospectus, and the conduct of the offering, and the purchase and sale of the Offered Certificates. This Agreement 33 supersedes all prior or contemporaneous agreements and understandings between the parties hereto relating to the subject matter hereof.
Entire Agreement. This Agreement represents the entire agreement between the Depositor, on the one hand, and the Underwriters, on the other, with respect to the preparation of the Prospectus, and the conduct of the offering, and the purchase and sale of the Offered Certificates. This Agreement 33 supersedes all prior or contemporaneous agreements and understandings between the parties hereto relating to the subject matter hereof.
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Entire Agreement. This Agreement constitutes the entire agreement between Middlefield and the Executive concerning the subject matter. No rights are granted to the Executive under this Agreement other than those specifically set forth. No agreements or representations, oral or otherwise, expressed or implied concerning the subject matter hereof have been made by either party that are not set forth expressly in this Agreement. This Agreement replaces the January 7, 2008 Severance Agreement between Middlefield and ...the Executive. View More
Entire Agreement. This Agreement constitutes the entire agreement between Middlefield and the Executive concerning the subject matter. No rights are granted to the Executive under this Agreement other than those specifically set forth. No agreements or representations, oral or otherwise, expressed or implied concerning the subject matter hereof have been made by either party that are not set forth expressly in this Agreement. This Agreement supersedes and replaces in its entirety the January 7, 2008 Severance Agr...eement between Middlefield and the Executive. Executive, and from and after the date of this Agreement the January 7, 2008 Severance Agreement shall be of no further force or effect. View More
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Entire Agreement. This Agreement, including schedules and exhibits, constitute the entire agreement between the Parties with respect to the subject matter hereof, and supersedes any prior or contemporaneous negotiations or oral or written agreements with regard to the same subject matter.
Entire Agreement. This Agreement and the Confidentiality Agreement, including exhibits, schedules and exhibits, appendices, constitute the entire agreement between the Parties with respect to the subject matter hereof, thereof, and supersedes supersede any prior or contemporaneous negotiations or oral or written agreements with regard to the same subject matter.
Entire Agreement. This Agreement, The Program Documents, including schedules and exhibits, constitute the entire agreement between the Parties with respect to the subject matter hereof, and supersedes supersede any prior or contemporaneous negotiations or oral or written agreements with regard to the same subject matter.
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Entire Agreement. This Agreement is the complete and entire understanding between the parties as to the transactions contemplated hereby, and supersedes all prior agreements with respect thereto. This Agreement may be executed in any number of counterparts and may not be altered or amended other than by written agreement signed by all the parties hereto.
Entire Agreement. This Subscription Agreement is the complete and entire understanding between the parties as to the transactions contemplated hereby, and supersedes merges all prior agreements with respect thereto. This Subscription Agreement may be executed in any number of counterparts and may not be altered or amended other than by written agreement signed by all the parties hereto.
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