Common use of Prior Agreements Clause in Contracts

Prior Agreements. This Agreement supersedes all prior agreements and understandings (including verbal agreements) between Executive and the Company and/or its affiliates regarding the terms and conditions of Executive’s employment with the Company and/or its affiliates.

Prior Agreements. This Agreement supersedes all prior agreements and understandings (including verbal agreements) between the Executive and the Company and/or its affiliates regarding the terms and conditions of the Executive’s employment with the Company and/or its affiliatesCompany.

Prior Agreements. This Agreement supersedes supercedes all prior agreements and understandings (including verbal agreements) between Executive and the Company and/or its affiliates regarding the terms and conditions of Executive’s employment with the Company and/or its affiliates.

Prior Agreements. This Agreement supersedes supercedes all prior agreements and understandings (including verbal agreements) between Executive and the Company and/or its affiliates regarding the terms and conditions of Executive’s employment with the Company and/or its affiliatesaffiliates (other than the SERP and the rights of Executive under such plan shall not be effected or limited by this Agreement).

Prior Agreements. This Agreement supersedes supercedes all prior agreements and understandings (including including, without limitation, any verbal agreements, offer letters or summaries of principal terms pertaining to the employment of Executive by the Employer, and the Prior Employment Agreement) between Executive and the Company Employer and/or its affiliates regarding the terms and conditions of Executive’s employment with the Company Employer and/or its affiliates; provided, however, that the Equity Documents shall govern the terms and conditions of Executive’s equity holdings in the Company.

Prior Agreements. This Agreement supersedes supercedes all prior agreements and understandings (including verbal agreements) between Executive and the Company and/or its affiliates regarding the terms and conditions of Executive’s 's employment with the Company and/or its affiliates.

Prior Agreements. This Agreement supersedes all prior agreements and understandings (including verbal agreements) between Executive and the Company and/or its affiliates regarding the terms and conditions of Executive’s employment with the Company and/or its affiliatesaffiliates including, without limitation, the Prior Employment Agreement.

Prior Agreements. This Agreement supersedes supercedes all prior agreements and understandings (including verbal agreements) between Executive and the Company Group and/or its affiliates regarding the terms and conditions of Executive’s employment with the Company Group and/or its affiliates.

Prior Agreements. This Agreement supersedes all prior agreements and understandings (including verbal agreements) between Executive and the Company Employer and/or its affiliates regarding the terms and conditions of Executive’s employment with the Company Employer and/or its affiliates.

Prior Agreements. This Agreement supersedes supercedes all prior agreements and understandings (including verbal agreements) between Executive and the Company and/or its affiliates regarding the terms and conditions of Executive’s 's employment with the Company and/or its affiliatesaffiliates including, without limitation, the Prior Agreements.

Prior Agreements. This Agreement supersedes all prior agreements and understandings (including verbal agreements) between Executive and the Company and/or its affiliates regarding the terms and conditions of Executive’s employment with the Company and/or its affiliatesaffiliates (collectively, the “Prior Agreements”).

Prior Agreements. This Agreement supersedes supercedes all prior agreements and understandings (including verbal agreements) between Executive and the Company and/or its affiliates regarding the terms and conditions of Executive’s employment with the Company and/or its affiliates; provided, however, that the Equity Documents shall govern the terms and conditions of Executive’s equity holdings in Holdings.

Prior Agreements. This Agreement supersedes all prior agreements and understandings (including verbal agreements) between Executive and the Company and/or its affiliates regarding the terms and conditions of Executive’s employment with the Company and/or its affiliatesaffiliates (including, without limitation, the Prior Agreement); provided, however, that the Incentive Plans shall govern the terms and conditions of Executive’s equity holdings in the Company, except as set forth in Section 8(c) hereof.

Prior Agreements. This Agreement supersedes all prior agreements and understandings (including verbal oral agreements) between the Executive and the Company and/or its affiliates regarding the terms and conditions of the Executive’s employment with the Company and/or its affiliatesCompany.

Prior Agreements. This Agreement supersedes supercedes all prior agreements and understandings (including verbal agreements) between Executive and the Company and/or its affiliates regarding the terms and conditions of Executive’s employment with the Company and/or its affiliates, except that this Agreement does not supercede any stock option agreement, performance unit agreement, restricted stock agreement or indemnification agreement.

Prior Agreements. This Agreement supersedes supercedes all prior agreements and understandings (including verbal agreements) between Executive and the Company and/or its affiliates regarding the terms and conditions of Executive’s employment with the Company and/or its affiliatesaffiliates (collectively, the “Prior Agreements”).

Prior Agreements. This Agreement supersedes supercedes all prior agreements and understandings (including verbal agreements) between Executive and the Company and/or its affiliates regarding the terms and conditions of Executive’s employment with the Company and/or its affiliates, except that this Agreement does not supercede any stock option agreement, performance unit agreement, or indemnification agreement.

Prior Agreements. This Agreement supersedes supercedes all prior agreements and understandings (including verbal agreements) between Executive and the Company and/or its affiliates regarding the terms and conditions of Executive’s employment with the Company and/or its affiliates, provided that (i) any Employee Benefits provided to Executive by the Company and (ii) any agreements and understandings between Executive and The First American Corporation shall in no way be affected by this Agreement.

Prior Agreements. This Agreement supersedes all prior agreements and understandings (including verbal agreements) between Executive and the Company and/or its affiliates regarding the terms and conditions of Executive’s employment with the Company and/or its affiliatesaffiliates including, without limitation, the Original Agreement.

Prior Agreements. This Agreement (including, without limitation, the schedules and exhibits attached hereto) supersedes all prior agreements and understandings (including verbal agreements) between Executive and the Company and/or its affiliates regarding the terms and conditions of Executive’s employment with the Company and/or its affiliatesaffiliates (collectively, the “Prior Agreements”).

Prior Agreements. This Agreement supersedes all prior agreements and understandings (including verbal agreements) between Executive and the Company and/or its affiliates regarding the terms and conditions of Executive’s employment with the Company and/or its affiliatesCompany.

Prior Agreements. This Agreement supersedes all prior agreements and understandings (including verbal agreements) between Executive and the Company and/or any of its affiliates regarding the terms and conditions of Executive’s employment with the Company and/or its affiliates.

Prior Agreements. This Agreement supersedes all prior agreements and understandings (including verbal agreements) between Executive and the Company and/or its affiliates regarding the terms and conditions of Executive’s employment with the Company and/or its affiliates, other than the BankUnited Agreement.

Prior Agreements. This Agreement supersedes all prior agreements and understandings (including verbal agreements) between Executive and the Company and/or its affiliates regarding the terms and conditions of Executive’s employment with the Company and/or its affiliatesaffiliates including, without limitation, the Employment Agreement.

Prior Agreements. This Agreement supersedes all prior agreements and understandings (including verbal agreements) between Executive and the Company and/or its affiliates regarding the terms and conditions of Executive’s 's employment with the Company and/or its affiliatesaffiliates (other than the Company's Change in Control Severance Pay Plan and the Company's Key Employee Retention Plan and the rights of Executive under such plans shall not be effected or limited by this Agreement).

Prior Agreements. This Agreement supersedes all prior agreements and understandings (including verbal agreements) between Executive and the Company and/or its affiliates regarding the terms and conditions of Executive’s employment with the Company and/or its affiliates.affiliates including, without limitation, the Original Agreement

Prior Agreements. This Agreement supersedes supercedes all prior ---------------- agreements and understandings (including verbal agreements) between Executive and the Company and/or its affiliates regarding the terms and conditions of Executive’s 's employment with the Company and/or its affiliates.

Prior Agreements. This Agreement supersedes all prior agreements and understandings (including verbal agreements) between Executive and the Company and/or its affiliates regarding the terms and conditions of Executive’s employment with the Company and/or its affiliatesaffiliates including, without limitation, the Prior Agreement.

Prior Agreements. This Agreement supersedes supercedes all prior agreements and understandings (including verbal agreements) between Executive and the Company and/or its affiliates regarding the terms and conditions of Executive’s 's employment with the Company and/or its affiliatesaffiliates including, without limitation, the Prior Employment Agreement.

Prior Agreements. This Agreement supersedes all prior agreements and understandings (including verbal agreements) between Executive and the Company and/or its the Company’s affiliates regarding the terms and conditions of Executive’s employment with the Company and/or its affiliatesemployment.

Prior Agreements. This Agreement supersedes supercedes all prior agreements and understandings (including including, without limitation, any verbal agreements, offer letters or summaries of principal terms pertaining to the employment of Executive by the Employer, [and the Prior Employment Agreement,]) between Executive and the Company Employer and/or its affiliates regarding the terms and conditions of Executive’s employment with the Company Employer and/or its affiliates; provided, however, that the Equity Documents shall govern the terms and conditions of Executive’s equity holdings in the Company.

Prior Agreements. This Agreement supersedes all prior agreements and understandings (including verbal agreements) between Executive and the Company and/or its affiliates subsidiaries regarding the terms and conditions of Executive’s employment with the Company and/or its affiliatessubsidiaries.

Prior Agreements. This Agreement supersedes and the Program supersede all prior agreements and understandings (including verbal agreements) between Executive and the Company and/or its affiliates regarding the terms and conditions of Executive’s employment with the Company and/or its affiliatesaffiliates including, without limitation, the Prior Agreement.

Prior Agreements. This Agreement supersedes supercedes all prior agreements and understandings (including verbal agreements) between Executive and the Company Employer and/or its affiliates Affiliates regarding the terms and conditions of Executive’s employment with the Company Employer and/or its affiliatesAffiliates; provided, however, that the Equity Documents shall govern the terms and conditions of Executive’s equity holdings in the Company.

Prior Agreements. This Agreement supersedes all prior agreements and understandings (including verbal agreements) between Executive and the Company or Parent and/or its their affiliates regarding the terms and conditions of Executive’s employment with the Company and/or its affiliates.

Prior Agreements. This Agreement supersedes supercedes all prior agreements Agreements and understandings (including verbal agreementsAgreements) between Executive and the Company and/or its affiliates regarding the terms and conditions of Executive’s employment with the Company and/or its affiliates, including, but not limited to, the Employment Agreement between Executive and the Company entered into in December, 2000, and any and all other Employment Agreements entered into by and between Executive and the Company and/or any of its affiliate, related, parent, sister or subsidiary corporations (collectively, the “Prior Agreements”).

Prior Agreements. This Agreement supersedes all prior agreements and understandings (including verbal agreements) between Executive and the Company and/or its affiliates regarding the terms and conditions of Executive’s employment with the Company and/or its affiliatesaffiliates (collectively, the “Prior Agreements”). For the avoidance of doubt, Prior Agreements shall not include any equity award agreements or other written understandings or agreements, in each case to the extent that they relate to equity incentives.

Prior Agreements. This Agreement supersedes supercedes all prior agreements and understandings (including verbal agreements) between Executive and the Company and/or its affiliates regarding the terms and conditions of Executive’s employment with the Company and/or its affiliates, except that this Agreement does not supercede any stock option agreement, performance unit agreement, restricted stock unit agreement or indemnification agreement.

Prior Agreements. This Agreement supersedes supercedes all prior agreements and understandings (including verbal agreements) between Executive and the Company Employer and/or its affiliates regarding the terms and conditions of Executive’s employment with the Company Employer and/or its affiliates; provided, however, that the Equity Documents shall govern the terms and conditions of Executive’s equity holdings in the Company.

Prior Agreements. This Agreement supersedes supercedes all prior agreements and understandings (including verbal agreements) between Executive and the Company Companies and/or its their affiliates regarding the terms and conditions of Executive’s employment with the Company Companies and/or its their affiliates.

Prior Agreements. This Agreement supersedes all prior agreements and understandings (including verbal agreements) between Executive and the Company and/or its affiliates regarding the terms and conditions of Executive’s employment with the Company and/or its affiliates; provided, that, the Equity Documents and the Long-Term Incentive Agreement shall govern Executive’s rights thereunder.

Prior Agreements. This Agreement supersedes all prior agreements and understandings (including verbal agreements) between Executive and the Company and/or its affiliates regarding the terms and conditions of Executive’s employment with the Company and/or its affiliates.. (j)

Prior Agreements. This Agreement supersedes all prior agreements and understandings (including verbal agreements) between Executive and the Company and/or its affiliates Affiliates regarding the terms and conditions of Executive’s employment with the Company and/or its affiliatesCompany.

Prior Agreements. This Agreement supersedes all prior agreements and understandings (including verbal agreements) between Executive and the Company and/or its affiliates Subsidiaries and/or Affiliates regarding the terms and conditions of Executive’s employment with the Company and/or its affiliatesCompany.

Prior Agreements. This Agreement supersedes supercedes all prior agreements and understandings (including including, without limitation, any verbal agreements, offer letters or summaries of principal terms pertaining to the employment of Executive by the Employer) between Executive and the Company Employer and/or its affiliates regarding the terms and conditions of Executive’s employment with the Company Employer and/or its affiliates; provided, however, that the Equity Documents shall govern the terms and conditions of Executive’s equity holdings in the Company.

Prior Agreements. This Agreement supersedes all prior agreements and understandings (including verbal agreements) between Executive and the Company and/or its affiliates regarding the terms and conditions of Executive’s employment with the Company and/or its affiliates, other than the NewBank Agreement.

Prior Agreements. This Agreement supersedes supercedes all prior agreements and understandings (including verbal agreements) between Executive and the Company and/or its affiliates regarding the terms and conditions of Executive’s employment with the Company and/or its affiliatesCompany.

Prior Agreements. This Agreement (including, without limitation, the schedules and exhibits attached hereto and thereto), supersedes all prior agreements agreements, term sheets, and understandings (including verbal agreements) between Executive and the Company and/or its affiliates regarding the terms and conditions of Executive’s employment with the Company and/or its affiliatesaffiliates (collectively, the “Prior Agreements”).

Prior Agreements. This Agreement supersedes all prior agreements and understandings (including verbal agreements) between Executive and the Company and/or its affiliates regarding the terms and conditions of Executive’s employment with the Company and/or its affiliatesaffiliates (including, without limitation, the Prior Agreement); provided, however, that the Incentive Plan shall govern the terms and conditions of Executive’s equity holdings in the Company.

Prior Agreements. This Agreement supersedes all prior agreements and understandings (including verbal agreements) between Executive and the Company and/or its affiliates regarding the terms and conditions of Executive’s employment with the Company and/or its affiliatesaffiliates (collectively, the “Prior Agreements).

Prior Agreements. This Agreement supersedes all in its entirety any prior agreements and understandings (including verbal agreements) agreement between the Executive and the Company and/or Company, its affiliates regarding or their predecessors or successors relating to the terms and conditions of Executive’s employment with the Company and/or its affiliatessubject matter contained herein.

Prior Agreements. 16.1 This Agreement supersedes all prior agreements and understandings (including verbal agreements) between the Executive and the Company Corporation and/or its affiliates regarding the terms and conditions of the Executive’s employment with the Company Corporation and/or its affiliatesaffiliate.

Prior Agreements. This Agreement supersedes all prior agreements and understandings (including verbal agreements) between Executive and the Company and/or its affiliates Affiliates regarding the terms and conditions of Executive’s employment with the Company and/or its affiliatesAffiliates (collectively, the “Prior Agreements”).

Prior Agreements. This Agreement supersedes any and all prior agreements employment, severance and similar agreements, understandings (including verbal agreements) and communications, whether written or oral, between Executive the Company or any of its Associated Companies and the Company and/or its affiliates regarding Executive, and the terms Executive hereby waives and conditions releases all rights and claims under or in respect of Executive’s employment with the Company and/or its affiliatesany such prior agreement, understanding or communication.

Prior Agreements. This Agreement supersedes all prior agreements and understandings (including verbal agreements) between Executive and the Company and/or its affiliates regarding the terms and conditions of Executive’s 's employment with the Company and/or its affiliatesCompany. Section 19.

Prior Agreements. This Agreement supersedes all prior agreements and understandings (including verbal agreements) between Executive and the Company and/or its affiliates regarding and with respect to the terms and conditions of Executive’s employment with the Company and/or its affiliatessubject matter hereof.

Prior Agreements. This Agreement supersedes supercedes all prior agreements and understandings (including verbal oral agreements) between Executive and the Company Predecessor and/or its affiliates regarding the terms and conditions of Executive’s employment with the Company and/or its affiliateshis employment.

Prior Agreements. This Agreement supersedes all prior agreements and understandings (including verbal agreements) between Executive and the Company and/or its affiliates Affiliates regarding the terms and conditions of Executive’s employment with the Company and/or its affiliates.Affiliates; provided, however, that the Equity Documents (as defined hereafter) and the New Equity Documents, as applicable, shall govern the terms and conditions of Executive’s

Prior Agreements. This As of the Effective Date, this Agreement supersedes supercedes all prior agreements and understandings understanding (including verbal agreements) between Executive and the Company and/or its affiliates subsidiaries regarding the terms and conditions of Executive’s employment with the Company and/or its affiliatessubsidiaries.

Prior Agreements. This Agreement supersedes supercedes all prior agreements and understandings (including verbal agreements) between Executive and Executive, Holdings and/or the Company and/or its any of their affiliates regarding the terms and conditions of Executive’s 's employment with Holdings, the Company and/or its any of their affiliates.

Prior Agreements. This Agreement supersedes all prior agreements and understandings (including including, without limitation, any verbal agreements) between Executive and the Company and/or its affiliates regarding the terms and conditions of Executive’s employment with the Company. In the event of any conflict between any provision of this Agreement, including Exhibit A, and any other provision of any plan, policy, program, arrangement or other agreement of the Company and/or or any of its subsidiaries or affiliates, this Agreement (or such exhibit) shall control.

Prior Agreements. This Agreement supersedes all prior agreements and understandings (including verbal agreements) between Executive and the Company and/or its affiliates regarding the terms and conditions of Executive’s employment with the Company and/or its affiliatesaffiliates including, without limitation, the employment agreement dated October 6, 2003.

Prior Agreements. This Agreement supersedes all prior agreements and understandings (including verbal agreements) between Executive and the Company and/or its affiliates regarding the terms and conditions of Executive’s employment with the Company and/or its affiliates, including, without limitation, the Original Agreement. In the event of any conflict between any provision of this Agreement and any provision of any other agreement, policy, plan or other document, the provision of this Agreement shall control.

Prior Agreements. This Agreement supersedes all prior agreements and understandings (including verbal agreements) between Executive and the Company and/or its affiliates regarding the terms and conditions of Executive’s employment with by the Company and/or its affiliatesCompany.

Prior Agreements. This Agreement supersedes supercedes all prior agreements (including the Original Employment Agreement) and understandings (including verbal agreements) between Executive and the Company and/or its affiliates regarding the terms and conditions of Executive’s employment with the Company and/or its affiliates, except that this Agreement does not supercede any stock option agreement, performance unit agreement, restricted stock unit agreement or indemnification agreement.

Prior Agreements. This Agreement supersedes all prior agreements and understandings (including verbal agreements) between Executive and the Company and/or its affiliates Affiliates regarding the terms and conditions of Executive’s employment with the Company and/or its affiliatesAffiliates.

Prior Agreements. This Agreement supersedes all prior agreements and understandings (including verbal agreements) between Executive and the Company and/or its affiliates regarding the terms and conditions of Executive’s employment with the Company and/or its affiliatesaffiliates including, without limitation, employment agreement dated May 31, 2005 (collectively, the “Prior Agreements”).

Prior Agreements. This Agreement supersedes all prior agreements and understandings (including verbal agreements) between Executive and the Company and/or its affiliates regarding the terms and conditions of Executive’s employment with the Company and/or its affiliates, including, without limitation, the offer letter between Executive and the Company (or its predecessor) dated as of the Effective Date.

Prior Agreements. This Agreement supersedes all prior agreements and understandings (including verbal agreements) between Executive and the Company and/or its affiliates Affiliates regarding the terms and conditions of Executive’s employment with the Company and/or its affiliatesAffiliates; provided, however, that the Incentive Plan shall govern the terms and conditions of Executive’s equity holdings in the Company.

Prior Agreements. This Agreement supersedes all prior agreements and understandings (including verbal agreements) between Executive and the Company and/or its affiliates regarding the terms and conditions of Executive’s 's employment with the Company and/or its affiliates, including, without limitation, the offer letter between Executive and the Company (or its predecessor) dated as of the Date of Hire.

Prior Agreements. This Agreement supersedes all prior agreements and understandings (including verbal agreements) between Executive Employee and the Company and/or its affiliates regarding the terms and conditions of Executive’s Employee's employment with the Company and/or its affiliatesCompany.

Prior Agreements. This Agreement supersedes all prior agreements and understandings (including verbal agreements) between the Executive and the Company and/or its affiliates regarding the terms and conditions of the Executive’s employment with the Company and/or its affiliates.

Prior Agreements. This Agreement supersedes all prior agreements and understandings (including verbal agreements) between Executive and the Company and/or its affiliates regarding the terms and conditions of Executive’s employment with the Company and/or its affiliatesaffiliates including, without limitation, the employment agreement dated August 7, 2003 (collectively, the “Prior Agreements”).

Prior Agreements. This Agreement supersedes all prior agreements and understandings (including verbal agreements) between Executive and the Company and/or or its affiliates regarding the terms and conditions of Executive’s 's employment with the Company and/or or its affiliatesaffiliates (collectively, the "Prior Agreements") .

Prior Agreements. This Agreement supersedes all prior agreements Agreements and understandings (including verbal agreementsAgreements) between Executive and the Company and/or its affiliates regarding the terms and conditions of Executive’s employment with the Company and/or its affiliatesaffiliates (collectively, the “Prior Agreements").

Prior Agreements. This Agreement supersedes all prior agreements and understandings (including verbal agreements) between Executive and the Company or Imation and/or its their affiliates regarding the terms and conditions of regarding Executive’s termination of employment with the Company and/or its affiliates. In the event of any conflict between the terms of this Agreement and the terms of the Employment Agreement or the Escrow Agreement, the terms of this Agreement shall control.

Prior Agreements. This Agreement supersedes all prior agreements and understandings (including including, without limitation, any verbal agreementsagreements and the Prior Agreement) between Executive and the Company and/or its affiliates regarding the terms and conditions of Executive’s employment with the Company. In the event of any conflict between any provision of this Agreement, including Exhibit A, and any other provision of any plan, policy, program, arrangement or other agreement of the Company and/or or any of its subsidiaries or affiliates, this Agreement (or such exhibit) shall control.

Prior Agreements. This Agreement supersedes all prior agreements and understandings (including verbal agreements) between Executive and the Company or Imation and/or its their affiliates regarding the terms and conditions of Executive’s employment with the Company and/or its affiliates.

Prior Agreements. This Agreement supersedes supercedes all prior agreements (including the Original Agreement) and understandings (including verbal agreements) between Executive and the Company and/or its affiliates regarding the terms and conditions of Executive’s employment with the Company and/or its affiliates, except that this Agreement does not supercede any stock option agreement, performance unit agreement, or indemnification agreement.

Prior Agreements. This Agreement supersedes all prior agreements and understandings (including verbal agreements) between Executive and the Company and/or its affiliates or between Executive and PCT regarding the terms and conditions of Executive’s employment with the Company and/or its affiliatesCompany.

Prior Agreements. This Agreement supersedes supercedes all prior agreements and 2 2 understandings (including verbal agreements) between Executive and Executive, Holdings and/or the Company and/or its any of their affiliates regarding the terms and conditions of Executive’s 's employment with Holdings, the Company and/or its any of their affiliates.

Prior Agreements. This Agreement (including, without limitation, the schedules and exhibits attached hereto) supersedes all prior agreements and understandings (including the Prior Agreements and any verbal agreements) between Executive and the Company and/or its affiliates (other than the Relocation Letter) regarding the terms and conditions of Executive’s employment with the Company and/or its affiliatesaffiliates (collectively, the “Prior Agreements”).

Prior Agreements. This Agreement supersedes all prior agreements and understandings (including verbal agreements) between Executive and the Company and/or its affiliates regarding the terms and conditions of Executive’s employment with the Company and/or its affiliatesaffiliates including, without limitation, Executive’s employment agreement dated June 12, 2006 (collectively, the “Prior Agreements”).

Prior Agreements. This Agreement supersedes supercedes all prior agreements Agreements and understandings (including verbal agreementsAgreements) between Executive and the Company and/or its affiliates regarding the terms and conditions of Executive’s employment with the Company and/or its affiliatesaffiliates (collectively, the “Prior Agreements”).

Prior Agreements. This Agreement supersedes all prior agreements and understandings (including verbal agreements) between the Executive and the Company and/or its affiliates Company, including the 2006 Agreement, regarding the terms and conditions of the Executive’s employment with the Company and/or its affiliates. The parties agree that by entering into this Agreement the Executive relinquishes any right or claim to any payment or benefits under the 2006 Agreement.

Prior Agreements. This Agreement supersedes all prior agreements (except the ERA) and understandings (including verbal agreements) between Executive and the Company and/or its affiliates regarding the terms and conditions of Executive’s employment with the Company and/or its affiliatesCompany.

Prior Agreements. This Agreement supersedes supercedes all prior agreements and understandings (including verbal agreements) between Executive and the Company and/or its affiliates regarding the terms and conditions of Executive’s employment with the Company and/or its affiliatesaffiliates (collectively, the “Prior Agreement”).

Prior Agreements. This Agreement supersedes all prior agreements and understandings (including verbal agreements) between Executive and the Company and/or its affiliates regarding the terms and conditions of Executive’s 's employment with the Company and/or its affiliates. In the event of any conflict between any provision of this Agreement and any provision of any other agreement, policy, plan or other document, the provision of this Agreement shall control.

Prior Agreements. This Agreement supersedes all prior agreements and understandings (including verbal agreements) between Executive Employee and the Company and/or its affiliates regarding the terms and conditions of ExecutiveEmployee’s employment with the Company and/or its affiliatesCompany.

Prior Agreements. This Agreement supersedes all prior agreements and understandings (including the Term Sheet and verbal agreements, but not the equity or equity-based agreements) between Executive and the Company Companies and/or its their affiliates regarding the terms and conditions of Executive’s employment with the Company and/or its Companies. In the event of any conflict between any provision of this Agreement, including Exhibit A, and any other provision of any plan, policy, program, arrangement or other agreement of the Companies or any of their respective subsidiaries or affiliates, this Agreement (or such exhibit) shall control.

Prior Agreements. This Agreement supersedes supercedes all prior agreements and understandings (including verbal agreements) between Executive and the Company and/or its affiliates regarding the terms and conditions of Executive’s employment with the Company and/or its affiliates, except that this Agreement does not supercede any stock option agreement, performance unit agreement, restricted stock agreement, restricted stock unit agreement or indemnification agreement.

Prior Agreements. This Agreement supersedes all prior agreements and understandings (including verbal agreements) between Executive and Executive, Holdings and/or the Company and/or its any of their affiliates regarding the terms and conditions of Executive’s 's employment with Holdings, the Company and/or its any of their affiliates.

Prior Agreements. This Agreement supersedes all prior agreements and understandings (including verbal agreements) between Executive and the Company and/or its affiliates regarding the terms and conditions of Executive’s employment with the Company and/or its affiliates; provided, however, that the Incentive Plans shall govern the terms and conditions of Executive’s equity holdings in the Company, except as set forth in Section 8(c) hereof.

Prior Agreements. This Agreement supersedes all prior agreements and understandings (including verbal agreements) between Executive and the Company and/or its affiliates regarding the terms and conditions of Executive’s 's employment with the Company and/or its affiliatesCompany, all of which are hereby terminated.

Prior Agreements. This Agreement supersedes all prior agreements and understandings (including verbal agreements) between Executive and the Company and/or its affiliates Affiliates regarding the terms and conditions of Executive’s employment with the Company and/or its affiliatesAffiliates (including, without limitation, the Prior Employment Agreement); provided, that the Incentive Plan shall govern the terms and conditions of Executive’s equity holdings in the Company.

Prior Agreements. This Agreement supersedes supercedes all prior agreements and understandings (including verbal agreements) between Executive and the Company and/or its affiliates regarding the terms and conditions of Executive’s 's employment with the Company and/or its affiliates, except that this Agreement does not supercede any stock option agreement, performance unit agreement, restricted stock agreement or indemnification agreement.

Prior Agreements. This Agreement supersedes all prior agreements and understandings (including verbal agreements) between Executive and the Company and/or its affiliates regarding the terms and conditions of Executive’s employment with the Company and/or its affiliatesaffiliates including, without limitation, dated , (collectively, the “Prior Agreements”).