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 contains the entire agreement of the parties and there are no other promises or conditions in any other agreement whether oral or written. This Agreement supersedes any prior written or oral agreements between the parties.
Entire Agreement. This Agreement Contract contains the entire agreement of the parties and there are no other promises or conditions in any other agreement whether oral or written. This Agreement Contract supersedes any prior written or oral agreements between the parties.
Entire Agreement. This Agreement Contract contains the entire agreement Agreement of the parties parties, and there are no other promises or conditions in any other agreement additional agreement, whether oral or written. This Agreement Contract supersedes any prior written or oral agreements between the parties.
Entire Agreement. This Agreement contains the entire agreement of the parties and there are no other promises or conditions in any other agreement whether oral or written. This Agreement supersedes any prior written or oral agreements between the parties. -2- 11. AMENDMENT. This Agreement may be modified or amended if the amendment is made in writing and is signed by both parties.
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Entire Agreement. This Agreement, the Credit Agreement and the other Credit Documents constitute the entire agreement among the parties with respect to the subject matter hereof and thereof and supersede all other prior agreements and understandings, both written and verbal, among the parties or any of them with respect to the subject matter hereof.
Entire Agreement. This Agreement, Amendment, the Credit Agreement Agreement, and the other Credit Documents constitute the entire agreement among the parties with respect hereto relating to the subject matter hereof and thereof and supersede all other prior previous agreements and understandings, both written and verbal, among the parties oral or any of them with respect written, relating to the subject matter hereof. hereof and thereof. Except as expressly set forth herein, this Amendment shall not by implicatio...n or otherwise limit, impair, constitute a waiver of, or otherwise affect the rights and remedies of any party under, the Existing Credit Agreement, nor alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Existing Credit Agreement, all of which are ratified and affirmed in all respects and shall continue in full force and effect. It is understood and agreed that each reference in each Credit Document to the Credit Agreement, whether direct or indirect, shall hereafter be deemed to be a reference to the Existing Credit Agreement as amended hereby and that this Amendment is a Credit Document. This Amendment shall not constitute a novation of any amount owing under the Existing Credit Agreement and all amounts owing in respect of principal, interest, fees and other amounts pursuant to the Existing Credit Agreement and the other Credit Documents shall, to the extent not paid or exchanged on or prior to the Third Amendment Effective Date, shall continue to be owing under the Credit Agreement or such other Credit Documents until paid in accordance therewith. View More
Entire Agreement. This Agreement, Amendment, the Credit Agreement and the other Credit Loan Documents constitute the entire agreement among the parties hereto with respect to the subject matter hereof and thereof and supersede all other prior agreements and understandings, both written and verbal, among the parties or any of them hereto with respect to the subject matter hereof. Except as expressly set forth herein, this Amendment shall not by implication or otherwise limit, impair, constitute a waiver of, or oth...erwise affect the rights and remedies of any party under, the Credit Agreement or other Loan Documents, nor alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or other Loan Documents, all of which are ratified and affirmed in all respects and shall continue in full force and effect. It is understood and agreed that each reference in each Loan Document to the Credit Agreement, whether direct or indirect, shall hereafter be deemed to be a reference to the Credit Agreement as amended hereby and that this Amendment is a Loan Document. View More
Entire Agreement. This Agreement, the Credit Agreement and the other Credit Loan Documents constitute the entire agreement among the parties with respect to the subject matter hereof and thereof and supersede all other prior agreements and understandings, both written and verbal, among the parties or any of them with respect to the subject matter hereof.
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Entire Agreement. This letter, together with the Confidentiality Agreement, sets forth the entire agreement and understanding between you and the Company with respect to your employment and supersedes all prior agreements and promises made to you by anyone, whether oral or written. This letter (and your employment at will status) may not be modified or amended except by a written agreement, signed by an officer of the Company, although the Company reserves the right to modify unilaterally your work location, comp...ensation, benefits, job title and duties, and reporting relationships. This letter will be governed by the laws of the State of California without regard to its conflict of laws provision. We are all delighted to be able to extend you this offer and look forward to working with you. To indicate your acceptance of the Company's offer, please sign and date this letter in the space provided below and return it to me, along with a signed and dated copy of the Confidentiality Agreement. Sincerely, MobileIron, Inc. /s/ Jared J. Lucas______________________ Signature Jared J. Lucas, Chief People Officer Printed Name and Title October 29, 2017______________________ Date ACCEPTED AND AGREED /s/ Greg Randolph_______________________Employee Signature October 29, 2017________________________Date October 30, 2017 ______________________ Start Date Attachment A: CONFIDENTIAL INFORMATION AND INVENTION ASSIGNMENT AGREEMENT As a condition of my becoming employed (or my employment being continued) by MobileIron, Inc., a Delaware corporation (the "Company"), and in consideration of my employment relationship with the Company and my receipt of the compensation now and hereafter paid to me by the Company, I agree to the following: 1. Employment Relationship. I understand and acknowledge that this Agreement does not alter, amend or expand upon (i) any rights I may have to continue in the employ of, or (ii) the duration of my employment relationship with, the Company under any existing agreements between the Company and me or under applicable law. Any employment relationship between the Company and me, whether commenced prior to or upon the date of this Agreement, shall be referred to herein as the "Relationship." 2. At-Will Relationship. I understand and acknowledge that the Relationship is and shall continue to be at-will, meaning that either I or the Company may terminate the Relationship at any time and for any reason, with or without cause or advance notice. View More
Entire Agreement. This letter, together with Agreement, including the Confidentiality Employee Innovations and Proprietary Rights Assignment Agreement incorporated herein by reference and Company's stock option plan and related option documents described in paragraph 4.3 of this Agreement, sets forth constitutes the entire agreement between the parties relating to this subject matter and understanding between you supersedes 7 all prior or simultaneous representations, discussions, negotiations, and agreements, wh...ether written or oral. This Agreement may be amended or modified only with the written consent of Executive and the Company with respect to your employment and supersedes all prior agreements and promises made to you by anyone, whether Board of Directors of Company. No oral waiver, amendment or written. This letter (and your employment at modification will status) may not be modified or amended except by a written agreement, signed by an officer effective under any circumstances whatsoever. THE PARTIES TO THIS AGREEMENT HAVE READ THE FOREGOING AGREEMENT AND FULLY UNDERSTAND EACH AND EVERY PROVISION CONTAINED HEREIN. WHEREFORE, THE PARTIES HAVE EXECUTED THIS AGREEMENT ON THE DATES SHOWN BELOW. Dated: ________________________ ________________________________________________________ Joseph Flynn President & Chief Executive Officer Dated: ________________________ By:______________________________________________________ John D. Pace Chairman of the Company, although the Company reserves the right to modify unilaterally your work location, compensation, benefits, job title and duties, and reporting relationships. This letter Board of Directors AUXILIO, Inc. 27401 Los Altos, Suite 100 Mission Viejo, CA 92691 8 EXHIBIT A INCENTIVE COMPENSATION PLAN Incentive Compensation: The Executive will be governed entitled to a Bonus Plan totaling up to $125,000 per year. Payout is equal to the percentage achievement of target multiplied by the laws target compensation. A minimum achievement of the State of California without regard to its conflict of laws provision. We are all delighted to be able to extend you this offer and look forward to working with you. To indicate your acceptance of the Company's offer, please sign and date this letter in the space provided below and return it to me, along with a signed and dated copy of the Confidentiality Agreement. Sincerely, MobileIron, Inc. /s/ Jared J. Lucas______________________ Signature Jared J. Lucas, Chief People Officer Printed Name and Title October 29, 2017______________________ Date ACCEPTED AND AGREED /s/ Greg Randolph_______________________Employee Signature October 29, 2017________________________Date October 30, 2017 ______________________ Start Date Attachment A: CONFIDENTIAL INFORMATION AND INVENTION ASSIGNMENT AGREEMENT As a condition of my becoming employed (or my employment being continued) by MobileIron, Inc., a Delaware corporation (the "Company"), and in consideration of my employment relationship with the Company and my receipt of the compensation now and hereafter paid to me by the Company, I agree to the following: 1. Employment Relationship. I understand and acknowledge that this Agreement does not alter, amend or expand upon (i) any rights I may have to continue in the employ of, or (ii) the duration of my employment relationship with, the Company under any existing agreements between the Company and me or under applicable law. Any employment relationship between the Company and me, whether commenced prior to or upon the date of this Agreement, shall be referred to herein as the "Relationship." 2. At-Will Relationship. I understand and acknowledge that the Relationship 80% is and shall continue to be at-will, meaning that either I or the Company may terminate the Relationship at any time and required for any reason, with or without cause or advance notice. bonus payout and a maximum payout of 120% of target. View More
Entire Agreement. This letter, together with the Confidentiality Agreement, Agreement sets forth the entire agreement between the parties, and understanding between you fully supersedes any and the Company with respect to your employment and supersedes all prior agreements and promises made or understandings between the parties pertaining to you by anyone, whether oral or written. This letter (and your employment at will status) may not be modified or amended except by a written agreement, signed by an officer th...e subject matter of the Company, although Agreement and/or Employee's employment with the Company reserves the right Company. PLEASE READ CAREFULLY. THIS AGREEMENT CONTAINS A RELEASE OF ALL KNOWN AND UNKNOWN CLAIMS. Sincerely, _______________________Leslie McMahonDirector, Talent I expressly acknowledge that I enter this Agreement knowingly and voluntarily, without any coercion or duress, and that I have had an adequate opportunity to modify unilaterally your work location, compensation, benefits, job title and duties, and reporting relationships. This letter will be governed by the laws of the State of California without regard to its conflict of laws provision. We are all delighted to be able to extend you this offer and look forward to working with you. To indicate your acceptance of the Company's offer, please sign and date review this letter in the space provided below and return to consult my attorney regarding it to me, along with a signed the extent I wish to do so. I understand the contents of this letter, and dated copy I agree to all of the Confidentiality Agreement. Sincerely, MobileIron, Inc. /s/ Jared J. Lucas______________________ Signature Jared J. Lucas, Chief People Officer Printed Name its terms and Title October 29, 2017______________________ Date ACCEPTED AND AGREED /s/ Greg Randolph_______________________Employee Signature October 29, 2017________________________Date October 30, 2017 conditions. Date: ______________________ Start Date Attachment A: CONFIDENTIAL INFORMATION AND INVENTION ASSIGNMENT AGREEMENT As a condition ______________________________ Nathan Morley EX-10.30 2 skul-ex1030_123113x10k.htm EXHIBIT SKUL-EX10.30_12.31.13-10K Exhibit 10.30Separation Agreement This Separation Agreement ("Agreement") is entered into by Skullcandy (the "Company") and Nathan Morley ("Employee.") 1. Termination of my becoming employed (or my Employment. Employee acknowledges Employee's employment being continued) by MobileIron, Inc., a Delaware corporation (the "Company"), and in consideration of my employment relationship with the Company and my receipt was terminated effective September 13, 2013 ("Separation Date"), after which date Employee performed no further duties, functions or services for the Company.2. Payment of Moneys Owed. Employee acknowledges the Company has paid all compensation now and hereafter paid owed to me by Employee as a result of Employee's employment with the Company, I agree including but not limited to Employee's salary/wages through the following: 1. Employment Relationship. I understand Separation Date, all accrued but unused vacation/flex time through that date, all commissions and/or bonuses owed to Employee, and acknowledge all business expenses, if any, incurred by Employee as a result of Employee's employment with the Company. Employee further agrees that he has no present claim for wages or benefits, and that he is not and would not be entitled to any future wages or benefits pursuant to any claims, other than the severance pay and benefits under this Agreement does not alter, amend or expand upon (i) any rights I may have to continue in Agreement.3. Additional Payment. Within fourteen (14) days after the employ of, or (ii) the duration of my employment relationship with, the Company under any existing agreements between the Company and me or under applicable law. Any employment relationship between the Company and me, whether commenced prior to or upon the date execution of this Agreement, the Company shall pay Employee a lump sum in the gross amount equal to $123,076.07 less appropriate income tax withholding and payroll deductions. The payment of this additional amount does not constitute continued employment or contractor status with the Company.4. Medical Insurance Continuation. If Employee elects to continue coverage for himself and his family under the Company's group medical plan pursuant to COBRA, the Company shall pay the premiums to continue such coverage from October 1, 2013 through December 31, 2013, for a period of three (3) months. Thereafter, Employee shall be referred solely responsible for any COBRA payments or continued coverage under the Company's medical plan (under the terms of COBRA).5. Acknowledgment of Full Payment. Employee acknowledges the payments and arrangements described in paragraphs 2 through 4 above shall constitute full and complete satisfaction of any and all amounts due and owing to herein Employee as the "Relationship." 2. At-Will Relationship. I understand and acknowledge that the Relationship is and shall continue to be at-will, meaning that either I or a result of Employee's employment with the Company may terminate and/or the Relationship at termination of employment, and that in the absence of this Agreement, Employee would not be entitled to, among other things, the payments specified in paragraph 3 above and the continued medical insurance coverage specified in the first sentence of paragraph 4 above.6. Options. In accordance with IRS guidelines, Employee has 90-days from the Separation Date to exercise his vested stock options (if any), after which time any time unexercised options will be cancelled and for any reason, with or without cause or advance notice. forfeited. View More
Entire Agreement. This letter, together with the Confidentiality Agreement, sets forth Note constitutes the entire agreement and understanding between you and the Company parties with respect to your employment the subject matter hereof and supersedes any and all prior written or oral agreements and promises made understandings with respect to you by anyone, whether oral or written. This letter (and your employment at will status) may not be modified or amended except by the matters covered hereby. CARDINAL ENERG...Y GROUP, INC. a written agreement, signed by an officer of Nevada corporation By: Its: Address: Holder: By: Its: Address: 6 EX-4.2 3 ex4-2.htm EXHIBIT 4.2 THIS NOTE HAS NOT BEEN REGISTERED UNDER THE U.S. SECURITIES ACT OF 1933, AS AMENDED, OR THE SECURITIES LAWS OF ANY STATE OR OTHER JURISDICTION OF THE UNITED STATES AND MAY NOT BE SOLD OR OTHERWISE DISPOSED OF EXCEPT PURSUANT TO AN EFFECTIVE REGISTRATION STATEMENT UNDER SUCH ACT AND APPLICABLE STATE SECURITIES LAWS OR PURSUANT TO AN APPLICABLE EXEMPTION FROM THE REGISTRATION REQUIREMENTS OF SUCH ACT AND SUCH LAWS CARDINAL ENERGY GROUP, INC. SENIOR SECURED CONVERTIBLE PROMISSORY NOTE $_________________ _____________, 2014 FOR VALUE RECEIVED, the Company, although the Company reserves the right to modify unilaterally your work location, compensation, benefits, job title and duties, and reporting relationships. This letter will be governed by undersigned, CARDINAL ENERGY GROUP, INC. (CEGX.OB), a company organized under the laws of the State of California without regard Nevada (the "Company"), promises to pay to the order of _____________________________________________________________________________ or its conflict registered assigns (the "Holder"), the principal sum of laws provision. We are all delighted to be able to extend you this offer and look forward to working _________________________________ dollars ($___________), with you. To indicate your acceptance interest from the date hereof at the rate of 10% per annum on the unpaid balance hereof until paid. This Note was issued in connection with the Company's private offering (the "Offering") of units of the Company's offer, please sign securities (the "Units"), each Unit consisting of $50,000 par value 12% Senior Secured Convertible Promissory Notes maturing December 31, 2015 and date this letter warrants to purchase 20,000 shares of the Company's Common Stock until Expiration Date (a "Warrant Share"), pursuant to a Private Placement Memorandum dated November 29, 2012 (the "Memorandum") and is subject to the terms of a Subscription Agreement (the "Subscription Agreement") incorporated therein to which the initial Holder is a party. Capitalized terms used and not otherwise defined herein will have the respective meanings ascribed to such terms in the space provided below and return it to me, along with a signed and dated copy of the Confidentiality Agreement. Sincerely, MobileIron, Inc. /s/ Jared J. Lucas______________________ Signature Jared J. Lucas, Chief People Officer Printed Name and Title October 29, 2017______________________ Date ACCEPTED AND AGREED /s/ Greg Randolph_______________________Employee Signature October 29, 2017________________________Date October 30, 2017 ______________________ Start Date Attachment A: CONFIDENTIAL INFORMATION AND INVENTION ASSIGNMENT AGREEMENT As a condition of my becoming employed (or my employment being continued) by MobileIron, Inc., a Delaware corporation (the "Company"), and in consideration of my employment relationship with the Company and my receipt of the compensation now and hereafter paid to me by the Company, I agree to the following: 1. Employment Relationship. I understand and acknowledge that this Agreement does not alter, amend or expand upon (i) any rights I may have to continue in the employ of, or (ii) the duration of my employment relationship with, the Company under any existing agreements between the Company and me or under applicable law. Any employment relationship between the Company and me, whether commenced prior to or upon the date of this Agreement, shall be referred to herein as the "Relationship." 2. At-Will Relationship. I understand and acknowledge that the Relationship is and shall continue to be at-will, meaning that either I or the Company may terminate the Relationship at any time and for any reason, with or without cause or advance notice. Memorandum. View More
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Entire Agreement. This Agreement and the Program constitute the entire agreement between the Employee and the Company regarding the Award and supersede all prior and contemporaneous agreements and understandings, oral or written, between the parties regarding the Award. Except as expressly set forth herein, this Agreement (and any provision of this Agreement) may not be modified, changed, clarified, or interpreted by the parties, except in a writing specifying the modification, change, clarification, or interpret...ation, and signed by a duly authorized Company officer. View More
Entire Agreement. This Agreement and the Program constitute the entire agreement between the Employee and the Company regarding the Award Option and supersede all prior and contemporaneous agreements and understandings, oral or written, between the parties regarding the Award. Option. Except as expressly set forth herein, this Agreement (and any provision of this Agreement) may not be modified, changed, clarified, or interpreted by the parties, except in a writing specifying the modification, change, clarificatio...n, or interpretation, and signed by a duly authorized Company officer. View More
Entire Agreement. This Agreement and Agreement, the Program, the Program prospectus, the Program administrative rules, and any applicable Company policies constitute the entire agreement between the Employee and the Company regarding the Award and supersede all prior and contemporaneous agreements and understandings, oral or written, between the parties regarding the Award. Except as expressly set forth herein, this Agreement (and any provision of this Agreement) may not be modified, changed, clarified, or interp...reted by the parties, except in a writing specifying the modification, change, clarification, or interpretation, and signed by a duly authorized Company officer. View More
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Entire Agreement. This Agreement contains the entire agreement and understanding among the parties hereto with respect to the subject matter hereof, and supersedes all prior and contemporaneous agreements, understandings, inducements and conditions, express or implied, oral or written, of any nature whatsoever with respect to the subject matter hereof. The express terms hereof control and supersede any course of performance or usage of the trade inconsistent with any of the terms hereof.
Entire Agreement. This Agreement letter agreement contains the entire agreement and understanding among the parties hereto with respect to the subject matter hereof, and supersedes all prior and contemporaneous agreements, understandings, inducements and conditions, express or implied, oral or written, of any nature whatsoever with respect to the subject matter hereof. The express terms hereof control and supersede any course of performance or and/or usage of the trade inconsistent with any of the terms hereof. T...his letter agreement may not be amended or supplemented other than by an agreement in writing signed by the parties hereto. View More
Entire Agreement. This Agreement contains the entire agreement and understanding among the parties hereto with respect to the subject matter hereof, hereof and supersedes all prior and contemporaneous agreements, understandings, inducements and conditions, express or implied, oral or written, of any nature whatsoever with respect to the subject matter hereof. of this Agreement. The express terms hereof of this Agreement control and supersede any course of 24 performance or and/or usage of the trade inconsistent w...ith any of the terms hereof. of this Agreement. This Agreement may not be modified or amended other than by an agreement in writing signed by the parties hereto. View More
Entire Agreement. This Agreement contains the entire agreement and understanding among the parties hereto with respect to the subject matter hereof, and supersedes all prior and contemporaneous agreements, understandings, inducements and conditions, express or implied, oral or written, of any nature whatsoever with respect to the subject matter hereof. The express terms hereof control and supersede any course of performance or and/or usage of the trade inconsistent with any of the terms hereof. This Agreement may... not be modified or amended other than by an agreement in writing. View More
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Entire Agreement. This Agreement constitutes the entire agreement between the Parties (including with respect to Company, its successors and assigns) with respect to Executive's employment and supersedes all prior communications, agreements and understandings, written or oral, with respect to the terms and conditions of Executive's employment.
Entire Agreement. This Agreement constitutes the entire agreement between the Parties (including with respect to Company, its successors and assigns) with respect to Executive's employment parties and supersedes and terminates all prior communications, agreements and understandings, written or oral, with respect to the terms and conditions of the Executive's employment. employment relationship with the Company (including, without limitation, the Original Employment Agreement.
Entire Agreement. This Agreement constitutes the entire agreement between the Parties (including with respect to Company, its successors and assigns) with respect to Executive's employment parties and supersedes all prior communications, agreements and understandings, written or oral, with respect to the terms and conditions of the Executive's employment.
Entire Agreement. This Agreement constitutes the entire agreement between the Parties parties (including with respect to Company, its successors and assigns) with respect to Executive's employment and supersedes all prior communications, agreements and understandings, written or oral, with respect to the terms and conditions of Executive's employment. 15 22. Amendment. This Agreement may be amended or modified only by a written instrument signed by Executive and by an expressly authorized representative of Compan...y. View More
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Entire Agreement. The Company and the Executive intend that this Agreement shall supersede the January 1, 2018 Amended and Restated Employment Agreement and that this Agreement together with (i) the attached Annex I, Exhibit A and Exhibit B hereto, (ii) those certain Global Partners LP Long-Term Incentive Plan Grants of Phantom Units to the Executive dated June 27, 2013 and August 16, 2017, and (iii) that certain Global Partners LP 2018 Long-Term Cash Incentive Plan Award Agreement granted to the Executive and da...ted October 8, 2018, as amended, constitute the entire agreement of the parties with regard to the subject matter hereof, and contain all of the covenants, promises, representations, warranties and agreements between the parties with respect to such subject matter. Notwithstanding the foregoing, the Company and the Executive acknowledge and agree that the restrictions on non-disclosure of information, non-competition and non-solicitation set forth herein (including in Section 9 and Annex I herein) shall complement and be in addition to (and not supersede or replace) any other restrictions upon Executive with respect to non-disclosure, non-competition or non-solicitation as set forth in any previous agreement between Executive and the Company or any of its affiliates. Subject to the preceding sentence, as of the Effective Date, all understandings and agreements preceding the Effective Date and relating to the subject matter hereof are hereby null and void and of no further force and effect, including, without limitation all prior employment and severance agreements, if any, by and between the Company and the Executive; provided that, nothing contained in the foregoing shall be deemed to supersede or make invalid any prior agreements between the Executive and the Company concerning long-term incentive plan awards and any agreement by and between the Executive and the Company, the Partnership or any affiliated entity or member of the Partnership in his capacity as an interest holder. View More
Entire Agreement. The Company and the Executive intend that this Agreement shall supersede the January 1, 2018 Amended and Restated Employment Agreement and that this Agreement together with (i) the attached Annex I, Exhibit A and Exhibit B hereto, (ii) those certain Global Partners LP Long-Term Incentive Plan Grants of Phantom Units to the Executive dated June 27, 2013 and August 16, 2017, and (iii) that certain Global Partners LP 2018 Long-Term Cash Incentive Plan Award Agreement granted to the Executive and da...ted October 8, 2018, as amended, constitute the entire agreement of the parties with regard to the subject matter hereof, and contain all of the covenants, promises, representations, warranties and agreements between the parties with respect to such subject matter. Notwithstanding the foregoing, the Company and the Executive acknowledge and agree that the restrictions on non-disclosure of information, non-competition and non-solicitation set forth herein (including in Section 9 and Annex I herein) shall complement and be in addition to (and not supersede or replace) any other restrictions upon Executive with respect to non-disclosure, non-competition or non-solicitation as set forth in any previous agreement between Executive and the Company or any of its affiliates. Subject to the preceding sentence, as of the Effective Date, all understandings and agreements preceding the Effective Date and relating to the subject matter hereof are hereby null and void and of no further force and effect, including, without limitation all prior employment and severance agreements, if any, by and between the Company and the Executive; provided that, nothing contained in the foregoing shall be deemed to supersede or make invalid any prior agreements between the Executive and the Company concerning long-term incentive plan awards and any agreement by and between the Executive and the Company, the Partnership or any affiliated entity or member of the Partnership in his capacity as an interest holder. holder, including without limitation that certain Omnibus Agreement, dated October 4, 2005, by and among Global Petroleum Corp., Montello Oil Corporation, Global Revco Dock, L.L.C., Global Revco Terminal, L.L.C., Global South Terminal, L.L.C., Sandwich Terminal, L.L.C., Chelsea Terminal Limited Partnership, Global GP LLC, Global Partners LP, Global Operating LLC, Alfred A. Slifka, Richard Slifka and Eric Slifka. View More
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Entire Agreement. Unless specifically provided herein, this Agreement contains all of the understandings and representations between the Executive and the Company pertaining to the subject matter hereof and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to such subject matter. The parties mutually agree that the Agreement can be specifically enforced in court and can be cited as evidence in legal proceedings alleging breach ...of the Agreement. 20 18. Modification and Waiver. No provision of this Agreement may be amended or modified unless such amendment or modification is agreed to in writing and signed by the Executive and by Chief Executive Officer of the Company. No waiver by either of the parties of any breach by the other party hereto of any condition or provision of this Agreement to be performed by the other party hereto shall be deemed a waiver of any similar or dissimilar provision or condition at the same or any prior or subsequent time, nor shall the failure of or delay by either of the parties in exercising any right, power or privilege hereunder operate as a waiver thereof to preclude any other or further exercise thereof or the exercise of any other such right, power or privilege. View More
Entire Agreement. Unless specifically provided herein, this Agreement contains all of the understandings and representations between the Executive and the Company pertaining to the subject matter hereof and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to such subject matter. The parties Parties warrant that, in agreeing to the terms of this Agreement, they have not relied upon any oral statements or upon any written statem...ents not contained in this Agreement. The Parties mutually agree that the Agreement can be specifically enforced in court and can be cited as evidence in legal proceedings alleging breach of the Agreement. 20 18. 14 16. Modification and Waiver. No provision of this Agreement may be amended or modified unless such amendment or modification is agreed to in writing and signed by the Executive and by Chief Executive Officer of the Company. No waiver by either of the parties Parties of any breach by the other party Party hereto of any condition or provision of this Agreement to be performed by the other party Party hereto shall be deemed a waiver of any similar or dissimilar provision or condition at the same or any prior or subsequent time, nor shall the failure of or delay by either of the parties Parties in exercising any right, power power, or privilege hereunder operate as a waiver thereof to preclude any other or further exercise thereof or the exercise of any other such right, power power, or privilege. View More
Entire Agreement. Unless specifically provided herein, this Agreement contains and the Equity Documents contain all of the understandings and representations between the Executive and the Company pertaining to the subject matter hereof and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to such subject matter. matter, including without limitation, the Executive's employment agreement dated April 30, 2019, provided that previo...us option award agreements remain in effect. The parties mutually agree that the Agreement can be specifically enforced in court and can be cited as evidence in legal proceedings alleging breach of the Agreement. 20 18. 12 17. Modification and Waiver. No provision of this Agreement may be amended or modified unless such amendment or modification is agreed to in writing and signed by the Executive and by Chief Executive Officer of the Company. No waiver by either of the parties of any breach by the other party hereto of any condition or provision of this Agreement to be performed by the other party hereto shall will be deemed a waiver of any similar or dissimilar provision or condition at the same or any prior or subsequent time, nor shall will the failure of or delay by either of the parties in exercising any right, power or privilege hereunder operate as a waiver thereof to preclude any other or further exercise thereof or the exercise of any other such right, power or privilege. View More
Entire Agreement. Unless specifically provided herein, this Agreement Agreement, including the CIIAA, contains all of the understandings and representations between the Executive and the Company pertaining to the subject matter hereof and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to such subject matter. The parties mutually agree that the Agreement can be specifically enforced in court and can be cited as evidence in le...gal proceedings alleging breach of the Agreement. 20 18. 6 9. Modification and Waiver. No provision of this Agreement may be amended or modified unless such amendment or modification is agreed to in writing and signed by the Executive and by Chief Executive Officer of the Company. both parties. No waiver by either of the parties of any breach by the other party hereto of any condition or provision of this Agreement to be performed by the other party hereto shall be deemed a waiver of any similar or dissimilar provision or condition at the same or any prior or subsequent time, nor shall the failure of or delay by either of the parties in exercising any right, power power, or privilege hereunder operate as a waiver thereof to preclude any other or further exercise thereof or the exercise of any other such right, power power, or privilege. View More
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Entire Agreement. This Warrant, together with the Purchase Agreement, constitutes the sole and entire agreement of the parties to this Warrant with respect to the subject matter contained herein, and supersedes all prior and contemporaneous understandings and agreements, both written and oral, with respect to such subject matter. In the event of any inconsistency between the statements in the body of this Warrant and the Purchase Agreement, the statements in the body of this Warrant shall control.
Entire Agreement. This Warrant, together with the Purchase Agreement, Warrant constitutes the sole and entire agreement of the parties to this Warrant with respect to the subject matter contained herein, of this Warrant, and supersedes all prior and contemporaneous understandings and agreements, both written and oral, with respect to such its subject matter. In the event of any inconsistency between the statements in the body provisions of this Warrant and the provisions of the Purchase Agreement, the statements ...in the body provisions of this Warrant shall control. View More
Entire Agreement. This Warrant, together with the Purchase Registration Rights Agreement, the Common Stock Put Agreement, dated as of September 30, 2014, by and between the Company and the Registered Owner and the Series B Warrant, dated as of September 30, 2014, issued by the Company to the Registered Owner, constitutes the sole and entire agreement of the parties to this Warrant with respect to the subject matter contained herein, and supersedes all prior and contemporaneous understandings and agreements, both ...written and oral, with respect to such subject matter. In the event of any inconsistency between the statements in the body of this Warrant and the Purchase Registration Rights Agreement, the statements in the body of this Warrant shall control. View More
Entire Agreement. This Warrant, together with the Purchase Registration Rights Agreement, the Common Stock Put Agreement, dated as of September 30, 2014, by and between the Company and the Registered Owner and the Series B Warrant, dated as of September 30, 2014, issued by the Company to the Registered Owner, constitutes the sole and entire agreement of the parties to this Warrant with respect to the subject matter contained herein, and supersedes all prior and contemporaneous understandings and agreements, both ...written and oral, with respect to such subject matter. In the event of any inconsistency between the statements in the body of this Warrant and the Purchase Registration Rights Agreement, the statements in the body of this Warrant shall control. 6 24. Successor and Assigns. This Warrant and the rights evidenced hereby shall be binding upon and shall inure to the benefit of the parties hereto and the successors of the Company and the successors of the Registered Owner. Such successors of the Registered Owner shall be deemed to be a Registered Owner for all purposes hereunder. This Warrant may only be assigned with the mutual consent of the Registered Owner and the Company in writing. View More
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Entire Agreement. This Agreement, together with all the Loan Documents (collectively, the "Relevant Documents"), sets forth the entire understanding and agreement of the parties hereto in relation to the subject matter hereof and supersedes any prior negotiations and agreements among the parties relating to such subject matter. No promise, condition, representation or warranty, express or implied, not set forth in the Relevant Documents shall bind any party hereto, and no such party has relied on any such promise..., condition, representation or warranty. Each of the parties hereto acknowledges that, except as otherwise expressly stated in the Relevant Documents, no representations, warranties or commitments, express or implied, have been made by any party to the other in relation to the subject matter hereof or thereof. None of the terms or conditions of this Agreement may be changed, modified, waived or canceled orally or otherwise, except in writing and in accordance with Section 10.01 of the Credit Agreement. View More
Entire Agreement. This Agreement, together with all the Loan Documents (collectively, the "Relevant Documents"), sets forth the entire understanding and agreement of the parties hereto in relation to the subject matter hereof and supersedes any prior negotiations and agreements among the parties relating to such subject matter. No promise, condition, representation or warranty, express or implied, not set forth in the Relevant Documents shall bind any party hereto, and no such party has relied on any such promise..., condition, representation or warranty. Each of the parties hereto acknowledges that, except as otherwise expressly stated in the Relevant Documents, no representations, warranties or commitments, express or implied, have been made by any party to the other in relation to the subject matter hereof or thereof. other. None of the terms or conditions of this Agreement may be changed, modified, waived or canceled orally or otherwise, except in writing and in accordance with Section 10.01 9.10 of the Credit Agreement. This Agreement shall constitute a "Loan Document" under and as defined in the Credit Agreement. View More
Entire Agreement. This Agreement, Amendment, together with all the Loan Documents (collectively, the "Relevant Documents"), sets forth the entire understanding and agreement of the parties hereto in relation to the subject matter hereof and supersedes any prior negotiations and agreements among the parties relating to such subject matter. No promise, condition, representation or warranty, express or implied, not set forth in the Relevant Documents shall bind any party hereto, and no such party has relied on any s...uch promise, condition, representation or warranty. Each of the parties hereto acknowledges that, except as otherwise expressly stated in the Relevant Documents, no representations, warranties or commitments, express or implied, have been made by any party to the other in relation to the subject matter hereof or thereof. None of the terms or conditions of this Agreement Amendment may be changed, modified, waived or canceled orally or otherwise, except in writing and in accordance with Section 10.01 of the Credit Agreement. 5 6. Ratification and Confirmation of Loan Documents. The Borrower and the Subsidiary Guarantors each hereby consents, acknowledges and agrees to the amendments set forth herein and hereby confirms and ratifies in all respects the Loan Documents to which such Person is a party (including without limitation, with respect to each Subsidiary Guarantor, the continuation of its payment and performance obligations under the Subsidiary Guaranty), in each case upon and after the effectiveness of the amendments contemplated hereby. View More
Entire Agreement. This Agreement, Amendment constitutes a Loan Document and, together with all the other Loan Documents (collectively, the "Relevant Documents"), sets forth the entire understanding and agreement of the parties hereto in relation to the subject matter hereof and supersedes any prior negotiations and agreements among the parties relating to such subject matter. No promise, condition, representation or warranty, express or implied, not set forth in the Relevant Documents shall bind any party hereto,... and no such party has relied on any such promise, condition, representation or warranty. Each of the parties hereto acknowledges that, except as otherwise expressly stated in the Relevant Documents, no representations, warranties or commitments, express or implied, have been made by any party to the any other party in relation to the subject matter hereof or 3 thereof. None of the terms or conditions of this Agreement Amendment may be changed, modified, waived or canceled orally or otherwise, except in writing and in accordance with Section 10.01 ยง24 of the Credit Agreement. View More
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