Entire Agreement Contract Clauses (18,614)

Entire Agreement. This Amendment and the MSA, together with their respective exhibits, constitute the entire understanding between the Parties with respect to the subject matter hereof, superseding all related negotiations, prior discussions and prior agreements and understandings. No amendment hereto shall be binding unless mutually agreed to in a written instrument specifically made subject to the MSA, as modified by this Amendment.

Entire Agreement. Except solely with respect to the release agreement to be executed by Employee pursuant to Section 25 below, this Agreement constitutes the entire agreement between the parties hereto, including any and all agreements discussed and/or previously made with T.B.A. Insurance, Inc., or any other entity related in any way to T.B.A. Insurance, Inc., or State National Insurance Company, or to any of their subsidiaries, affiliates or related companies, relating to the subject matter hereof and supersede...s all prior agreements and understandings (including the Prior Agreement), whether oral or written, with respect to the same. View More

Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to its subject matter and may not be changed except by a writing duly executed and delivered by the Company and the Executive in the same manner as this Agreement.

Entire Agreement. This Agreement and the Plan contain the entire agreement and understanding among the parties as to the subject matter hereof, and supersede any other agreements or representations, oral or otherwise, express or implied, with respect to the subject matter hereof.

Entire Agreement. This Agreement contains the entire agreement of the parties relating to the subject matter of this Agreement and supersedes any prior written or oral arrangements with respect to the Consultant's engagement by NOVA. 4 14. Successors, Binding Agreement. Subject to the restrictions on assignment contained herein, this Agreement shall inure to the benefit of and be enforceable by NOVA's successors and assigns.

Entire Agreement. This Agreement constitutes the entire agreement between the parties respecting the employment of Executive, there being no representations, warranties or commitments except as set forth herein and supersedes and replaces all other agreements related to the subject matter hereof, provided that any outstanding equity awards, shall continue to be in full force and effect. In the event there is a conflict between any provision of this Agreement and any other agreement, plan, policy or arrangement of... the Company or any Company Affiliate, the provision most favorable to Executive shall govern. View More

Entire Agreement. The Plan, the "Policy Regarding SAR Exercise Restrictions" as adopted or as may be adopted or modified in the future by the Corporation, and the SAR Agreement and the Notice of Grant contained therein, are incorporated herein by reference and constitute the entire agreement of the parties and supersede in their entirety all prior undertakings and agreements of the Corporation and Awardee with respect to the subject matter hereof, and are governed by New York law except for that body of law perta...ining to conflict of laws. Submitted by: Accepted by: AWARDEE COMMERCE TECHNOLOGIES, INC. By: (Print Name): (Print Name): Date: Title: Address: Date: EX-10.9 9 a2229004zex-10_9.htm EX-10.9 Exhibit 10.9 COMMERCE TECHNOLOGIES, INC. 2010 STOCK APPRECIATION RIGHTS PLAN EVIDENCE OF STOCK APPRECIATION RIGHT 1. Grant of SAR. Pursuant to the terms of the Commerce Technologies, Inc. 2010 Stock Appreciation Rights Plan ("Plan"), the Committee hereby grants to ("Awardee"), a Stock Appreciation Right ("SAR"), subject to the terms, definitions and provisions of the Plan adopted by the Corporation, which is incorporated herein by reference, and pursuant to this Evidence of Stock Appreciation Right (the "Agreement"). Unless otherwise defined herein, the terms defined in the Plan shall have the same defined meanings in this Agreement. In the event of a conflict between the terms of the Plan and this Agreement, the Plan shall prevail. View More

Entire Agreement. The Plan and this Award Agreement and the other documents delivered hereunder constitute the full and entire understanding and agreement between the parties with regard to the subject matter hereof, and supersedes all prior agreements, understanding, inducements or conditions, express or implied, oral or written, relating to the subject matter hereof, except as herein 4 contained. The express terms of the Plan and this Award Agreement control and supersede any course of performance and/or usage ...of trade inconsistent with any of the terms hereof. View More

Entire Agreement. This Agreement constitutes the entire agreement among the parties with respect to the subject matter hereof and terminates and supersedes all other prior agreements and understandings, both written and oral, between the parties with respect to the terms of Executive's employment or severance arrangements. The parties agree that this Agreement shall be interpreted at all times in a manner compliant with Code Section 409A, including (without limitation) the requirement that if Executive is a "spec...ified employee" within the meaning of Code Section 409A(a)(2)(B)(i), then any payment under this Agreement which is subject to Code Section 409A and which is payable by reason of Executive's separation from service shall not be paid before the date which is six (6) months after the Executive's separation from service (or, if earlier, Executive's date of death). THIS CONTRACT CONTAINS A BINDING ARBITRATION PROVISION WHICH MAY BE ENFORCED BY THE PARTIES. View More

Entire Agreement. This Amendment, including the schedules hereto, and the Agreement, which as described herein, shall remain in effect and govern the terms of distribution of Batiste and Toppik products by Customer, contain the entire understanding of the parties with respect to the subject matter of this Amendment and the Agreement and supersede all prior agreements and understandings between the parties hereto with respect to the transactions contemplated by this Amendment and the Agreement. There are no repres...entations, promises, warranties, covenants or undertakings other than those expressly set forth in or provided for in this Amendment and the Agreement. View More