Prior Agreement Contract Clauses (302)

Prior Agreement. The Company and the Executive are parties to an Executive Employment Agreement effective January 1, 2011 (the "Prior Agreement"). The parties acknowledge and agree that the terms of this Agreement constitute the entire agreement of the parties with respect to the subject matter and supersede all prior agreements and amendments with respect thereto, including, without limitation, the Prior Agreement.

Prior Agreement. The Loan Documents are hereby ratified and reaffirmed and shall remain in full force and effect. This Agreement is not a novation and the terms and conditions of this Agreement shall be in addition to and supplemental to all terms and conditions set forth in the Loan Documents. In the event of any conflict or inconsistency between this Agreement and the terms of such documents, the terms of this Agreement shall be controlling, but such document shall not otherwise be affected or the rights there...in impaired. View More

Prior Agreement. Except as provided in Sections 4(a), 4(b), and 4(c) below, the Prior Agreement shall continue in full force and effect until the adjournment of the Company's annual shareholder meeting in May 2019 (the "Effective Date"). As of the adjournment of the Company's annual shareholder meeting on the Effective Date, this Agreement shall supersede and replace any and all prior agreements respecting Executive's employment by, or service to, the Employer, as may from time to time have been made by and betw...een the Parties, whether or not in writing, including but not limited to the Prior Agreement; provided, however, that any vested benefits due to Executive pursuant to any pension plan, welfare benefit plan, or any other employee benefit plan shall continue to be available to Executive subject to the terms and conditions of the applicable plan as may be in effect from time to time. View More

Prior Agreement. I hereby represent that, except as I have fully disclosed previously in writing to the Company, I am not bound by the terms of any agreement with any previous employer or other party to refrain from using or disclosing any trade secret or confidential or proprietary information in the course of my employment with the Company or to refrain from competing, directly or indirectly, with the business of such previous employer or any other party. I further represent that my performance of all the term...s of this Agreement as an employee of the Company does not and will not breach any agreement to keep in confidence proprietary information, knowledge or data acquired by me in confidence or in trust prior to my employment with the Company. I will not disclose to the Company or induce the Company to use any confidential or proprietary information or material belonging to any previous employer or others. View More

Prior Agreement. This Agreement shall supersede and replace any and all other employment agreements which may have been entered into by and between the parties, including, without limitation, the Employment Agreement, dated as of November 15, 2016, by and between Employee and Employer. Any such prior employment agreements shall be of no force and effect.

Prior Agreement. This Agreement supersedes all prior agreements and understandings (whether written or oral) between the Company and the Underwriters, or any of them, with respect to the subject matter hereof.

Prior Agreement. This Agreement and the Offer Letter contain the entire understanding of the parties with regard to all matters contained herein. There are no other agreements, conditions or representations, oral or written, expressed or implied relating to such matters.

Prior Agreement. The Parties acknowledge that they have carefully read this Agreement, voluntarily entered into it, and understand its contents and its binding legal effect. The Parties further acknowledge and agree that this Agreement represents the entire agreement between them with respect to Employee's separation from the Company, and that it supersedes any and all other oral or written agreements that may exist between them, except that: a.Employee's continuing obligations under the Non-Compete Agreement da...ted November 1, 2012, the Work Product Acknowledgement dated November 1, 2012, as well as continuing confidentiality and other obligations to the Company as outlined in the Company handbook and other policies (collectively, the "Work Agreements") shall remain in full force and effect; and b.Any equity awards granted to Employee under the 2015 GoDaddy Inc. Equity Incentive Plan and any other agreements entered into in connection with any grant (including the Third Amended and Restated Limited Liability Company Agreement of Desert Newco, LLC, dated March 31, 2015 and the Management Equity and Unitholders Agreement, in each case, governing Employee's outstanding units in Desert Newco, LLC, the Company's affiliate) (collectively, the "Equity Documents"), shall remain in full force and effect. If any conflict exists or arises between the terms of this Agreement and the Work Agreements or Equity Documents, the terms of the Work Agreements or Equity Documents shall control. In addition, Employee will remain covered by the Company's applicable liability insurance policy and its indemnification provisions for actions taken on behalf of GoDaddy or the Company during the course of Employee's employment. View More

Prior Agreement. 7.2 In furtherance of this release, Borrower expressly acknowledges and waives any and all rights under Section 1542 of the California Civil Code, which provides as follows: "A general release does not extend to claims which the creditor does not know or expect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." (Emphasis added.) 7.3 By entering into this release, Borrower recognizes that no facts or rep...resentations are ever absolutely certain and it may hereafter discover facts in addition to or different from those which it presently knows or believes to be true, but that it is the intention of Borrower hereby to fully, finally and forever settle and release all matters, disputes and differences, known or unknown, suspected or unsuspected; accordingly, if Borrower should subsequently discover that any fact that it relied upon in entering into this release was untrue, or that any understanding of the facts was incorrect, Borrower shall not be entitled to set aside this release by reason thereof, regardless of any claim of mistake of fact or law or any other circumstances whatsoever. 7.4 This release may be pleaded as a full and complete defense and/or as a cross-complaint or counterclaim against any action, suit, or other proceeding that may be instituted, prosecuted or attempted in breach of this release. 7.5 Borrower hereby represents and warrants to Bank, and Bank is relying thereon, as follows: (a) Except as expressly stated in this Amendment, neither Bank nor any agent, employee or representative of Bank has made any statement or representation to Borrower regarding any fact relied upon by Borrower in entering into this Amendment. View More

Prior Agreement. I represent that I have attached hereto a copy of any agreement (such as a prior employment agreement) which affects my ability to comply with the terms of this agreement. If there is no such agreement, employee initials here: ______.