Miscellaneous Clause Example with 26 Variations from Business Contracts
This page contains Miscellaneous clauses in business contracts and legal agreements. An example clause is provided at the top of the page, followed by clauses with minor variations. You can view the text differences by selecting the "Show Differences" option.
Miscellaneous. This Agreement, collectively with the Confidentiality Agreement, the Indemnification Agreement and the Equity Award agreements, comprise the entire agreement between the parties with regard to the subject matter hereof and supersedes, in their entirety, any other agreements between Executive and the Company with regard to the subject matter hereof. The Company and Executive acknowledge that the separation of the Executive's employment with the Company is intended to constitute an involuntary sep...aration from service for the purposes of Section 409A of the Code, and the related Department of Treasury regulations. Executive acknowledges that there are no other agreements, written, oral or implied, and that he may not rely on any prior negotiations, discussions, representations or agreements. This Agreement may be modified only in writing, and such writing must be signed by both parties and recited that it is intended to modify this Agreement. This Agreement may be executed in separate counterparts, each of which is deemed to be an original and all of which taken together constitute one and the same agreement.View More
Variations of a "Miscellaneous" Clause from Business Contracts
Miscellaneous. This Agreement, collectively with Employee acknowledges that, other than the Confidentiality Agreement, Existing Option Agreements, Extended Options, the Indemnification New Option Agreement and the Equity Award agreements, comprise provisions contained in the entire indemnification agreement between Employee and the parties with regard Company, attached as Exhibit A, to which the subject matter hereof and supersedes, in their entirety, any other agreements Employee is entitled to pursuant to th...is Agreement, this Agreement shall supersede each agreement entered into between Executive Employee and the Company with regard to regarding Employee's employment, including, without limitation, any offer letter, the subject matter hereof. Retention Agreement and that certain 7 employment letter agreement by and between Employee and the Company dated June 14, 2017. The Company and Executive Employee acknowledge that the separation of the Executive's Employee's employment with the Company is intended to constitute an involuntary separation from service for the purposes of Section 409A of the Code, and the related Department of Treasury regulations. Executive Employee acknowledges that there are no other agreements, written, oral or implied, and that he may not rely on any prior negotiations, discussions, representations or agreements. This Agreement may be modified only in writing, and such writing must be signed by both parties and recited that it is intended to modify this Agreement. This Agreement may be executed in separate counterparts, each of which is deemed to be an original and all of which taken together constitute one and the same agreement. View More
Miscellaneous. This Agreement, collectively with Employee acknowledges that, other than the Confidentiality Existing Option Agreement, the Indemnification Agreement Extended Options, the New Option Agreements and the Equity Award agreements, comprise provisions contained in the entire indemnification agreement between Employee and the parties with regard Company, attached as Exhibit B, to which the subject matter hereof and supersedes, in their entirety, any other agreements Employee is entitled pursuant to th...is Agreement, this Agreement shall supersede each agreement entered into between Executive Employee and the Company with regard to regarding Employee's employment, including, without limitation, any offer letter, the subject matter hereof. Retention Agreement and that certain employment letter agreement by and between Employee and the Company dated December 21, 2017. The Company and Executive Employee acknowledge that the separation of the Executive's Employee's employment with the Company is intended to constitute an involuntary separation from service for the purposes of Section 409A of the Code, and the related Department of Treasury regulations. Executive Employee acknowledges that there are no other agreements, written, oral or implied, and that he may not rely on any prior negotiations, discussions, representations or agreements. This Agreement may be modified only in writing, and such writing must be signed by both parties and recited that it is intended to modify this Agreement. This Agreement may be executed in separate counterparts, each of which is deemed to be an original and all of which taken together constitute one and the same agreement. View More
Miscellaneous. This Agreement, collectively with Employee further acknowledges that, other than the Confidentiality Existing Option Agreement, the Indemnification Agreement Extended Options, the New Option Agreements, and the Equity Award agreements, comprise provisions contained in the entire indemnification agreement between Employee and the parties with regard Company, attached as Exhibit B, to which the subject matter hereof and supersedes, in their entirety, any other agreements Employee is entitled pursu...ant to this Agreement, this Agreement shall supersede each agreement entered into between Executive Employee and the Company with regard to regarding Employee's employment, including, without limitation, any offer letter, the subject matter hereof. Retention Agreement and that certain letter employment agreement by and between Employee and the Company dated June 21, 2017, and each such agreement shall be deemed terminated and of no further effect as of the Separation Date. The Company and Executive Employee acknowledge that the separation of the Executive's Employee's employment with the Company is intended to constitute an involuntary separation from service for the purposes of Section 409A of the Code, and the related Department of Treasury regulations. Executive Employee acknowledges that there are no other agreements, written, oral or implied, and that he may not rely on any prior negotiations, discussions, representations or agreements. This Agreement may be modified only in writing, and such writing must be signed by both parties and recited that it is intended to modify this Agreement. This Agreement may be executed in separate counterparts, each of which is deemed to be an original and all of which taken together constitute one and the same agreement. View More
Miscellaneous. This Agreement, collectively with Employee further acknowledges that, other than the Confidentiality Agreement, the Indemnification Non-Competition Agreement and the Equity Award agreements, comprise the entire Agreements, this Agreement shall supersede each agreement entered into between the parties with regard to the subject matter hereof and supersedes, in their entirety, any other agreements between Executive Employee and the Company with regard to regarding Employee's employment, including,... without limitation, the subject matter hereof. The Company Retention Letter and Executive acknowledge that the separation Severance Letter, and each such agreement shall be deemed terminated and of no further effect as of the Executive's employment with the Company is intended to constitute an involuntary separation from service for the purposes of Section 409A of the Code, and the related Department of Treasury regulations. Executive Separation Date. Employee acknowledges that there are no other agreements, written, oral or implied, and that he may not rely on any prior negotiations, discussions, representations or agreements. This Agreement may be modified only in writing, and such writing must be signed by both parties and recited that it is intended to modify this Agreement. This Agreement may be executed in separate counterparts, counterparts in PDF or other electronic forms, each of which is deemed to be an original and all of which taken together constitute one and the same agreement. View More
Miscellaneous. This Agreement, collectively with Employee further acknowledges that, other than the Confidentiality Non-Competition Agreement, the Indemnification Agreement Equity Agreements and the Equity Award agreements, comprise the entire Consulting Agreement, this Agreement shall supersede each agreement entered into between the parties with regard to the subject matter hereof and supersedes, in their entirety, any other agreements between Executive Employee and the Company with regard to regarding Emplo...yee's employment, including, without limitation, the subject matter hereof. The Company Retention Letter and Executive acknowledge that the separation Severance Letter, and each such agreement shall be deemed terminated and of no further effect as of the Executive's employment with the Company is intended to constitute an involuntary separation from service for the purposes of Section 409A of the Code, and the related Department of Treasury regulations. Executive Separation Date. Employee acknowledges that there are no other agreements, written, oral or implied, and that he may not rely on any prior negotiations, discussions, representations or agreements. This Agreement may be modified only in writing, and such writing must be signed by both parties and recited that it is intended to modify this Agreement. This Agreement may be executed in separate counterparts, counterparts in PDF or other electronic forms, each of which is deemed to be an original and all of which taken together constitute one and the same agreement. View More
Miscellaneous. This Agreement, collectively with the Confidentiality Agreement, the Indemnification Arbitration Agreement and the Equity Award agreements, agreements evidencing Executive's RSUs and PSUs, comprise the entire agreement between the parties with regard to the subject matter hereof and supersedes, in their entirety, any other agreements between Executive and the Company with regard to the subject matter hereof. hereof, including, without limitation, the Severance Agreement. The Company and Executiv...e acknowledge that the separation of the Executive's employment with the Company is intended and shall continue to constitute an involuntary separation from service for the purposes of Section 409A of the Code, and the related Department of Treasury regulations. be "at-will," as defined under applicable law. Executive acknowledges that there are no other agreements, written, oral or implied, and that he Executive may not rely on any prior negotiations, discussions, representations or agreements. This Agreement may not be modified only changed or modified, in writing, and such whole or in part, except by an instrument in writing must be signed by both parties Executive and recited that it is intended to modify this Agreement. the Chief Executive Officer or other duly authorized officer of the Company. This Agreement may be executed in separate counterparts, each of which is deemed to be an original and all of which taken together constitute one and the same agreement. View More
Miscellaneous. This Agreement, collectively with the Confidentiality Agreement, the Indemnification Agreement Release of Claims and the Equity Award agreements, comprise all agreements relating to Executive's outstanding equity awards, constitutes the entire agreement between the parties with regard to the its subject matter hereof and supersedes, in their entirety, any other agreements between Executive and the Company with regard to the its subject matter hereof. The Company and Executive acknowledge that th...e separation of the Executive's employment with the Company is intended to constitute an involuntary separation from service for the purposes of Section 409A of the Code, and the related Department of Treasury regulations. matter. Executive acknowledges that there are no other agreements, written, oral or implied, and that he may not rely on any prior negotiations, discussions, representations or agreements. This Agreement may be modified only in writing, and such writing must be signed by both parties Executive and an authorized officer or director of the Company and recited that it is intended to modify this Agreement. This Agreement may be executed in separate counterparts, each of which is deemed to be an original and all of which taken together constitute one and the same agreement. The parties agree that signatures delivered by scan, email or other electronic means shall be considered original signatures for all purposes under this Agreement.612. Company Assignment and Successors. The Company shall assign its rights and obligations under this Agreement to any successor to all or substantially all of the business or the assets of the Company (by merger or otherwise). This Agreement shall be binding upon and inure to the benefit of the Company and its successors, assigns, personnel and legal representatives. View More
Miscellaneous. This Agreement, collectively together with the Confidentiality Confidential Information Agreement, the Indemnification Agreement Stock Agreements and the Equity Award agreements, form of General Release of Claims attached as Exhibit A hereto comprise the entire agreement between the parties with regard to the subject matter hereof and supersedes, in their entirety, any other agreements between Executive and the Company with regard to the subject matter hereof. The Company and Executive acknowled...ge that the separation of the Executive's employment with the Company is intended to constitute an involuntary separation from service for the purposes of Section 409A of the Code, and the related Department of Treasury regulations. Executive acknowledges that there are no other agreements, written, oral or implied, and that he may not rely on any prior negotiations, discussions, representations or agreements. This Agreement may be modified only in writing, and such writing must be signed by both parties and recited that it is intended to modify this Agreement. This Agreement may be executed in separate counterparts, each of which is deemed to be an original and all of which taken together constitute one and the same agreement. 6 13. Company Assignment and Successors. The Company shall assign its rights and obligations under this Agreement to any successor to all or substantially all of the business or the assets of the Company (by merger or otherwise). This Agreement shall be binding upon and inure to the benefit of the Company and its successors, assigns, personnel and legal representatives. View More
Miscellaneous. This Agreement, collectively together with the Confidentiality Agreement, the Indemnification Agreement and the Equity Award agreements, comprise is the entire agreement between the parties with regard to the subject matter hereof and supersedes, shall supersede in their entirety, any other agreements between Executive and its entirety the Company with regard to the subject matter hereof. Employment Agreement. The Company and Executive acknowledge that the separation termination of the Executive...'s employment with the Company is intended to constitute an involuntary separation from service for the purposes of Section 409A of the Code, and the related Department of Treasury regulations. The Company agrees not to oppose any claim that Executive may make for unemployment compensation; provided that the Company has the right to respond truthfully to any inquiries made by the California Employment Development Department ("EDD") regarding such a claim by Executive, and to provide all documents and information requested by the EDD. Executive acknowledges that there are no other agreements, written, oral or implied, and that he may not rely on any prior negotiations, discussions, representations or agreements. This Agreement may be modified only in writing, and such writing must be signed by both parties and recited that it is intended to modify this Agreement. This Agreement may be executed in separate counterparts, each of which is deemed to be an original and all of which taken together constitute one and the same agreement. Executive shall have no duty to mitigate any breach by the Company of its obligations under Sections 2, 3 and 4 of this Agreement. View More
Miscellaneous. This Agreement, collectively together with the Confidentiality Agreement, the Indemnification Agreement and the Equity Award agreements, comprise Surviving Agreements, comprises the entire agreement between the parties with regard to the subject matter hereof and supersedes, in their entirety, any other agreements between Executive and the Company with regard to the subject matter hereof. The Company and Executive acknowledge that hereof, including, without limitation, the separation of the Exec...utive's employment with the Company is intended to constitute an involuntary separation from service for the purposes of Section 409A of the Code, and the related Department of Treasury regulations. Severance Agreement. Executive acknowledges that there are no other agreements, written, oral or implied, and that he Executive may not rely on any prior negotiations, discussions, representations or agreements. This Agreement may be modified only in writing, and such writing must be signed by both parties and recited containing a recital that it is intended to modify this Agreement. This Agreement may be executed in separate counterparts, each of which is deemed to be an original and all of which taken together constitute one and the same agreement. For the avoidance of doubt, Executive acknowledges and agrees that nothing in this Agreement shall trigger Good Reason (as defined in the Severance Agreement) or any term of like import to resign Executive's employment. View More
