Coordination of Agreements. The Parties agree that, in the event of a conflict between the terms of this Agreement and the Separation and Distribution Agreement or any of the Ancillary Agreements, with respect to the matters addressed herein, the terms of this Agreement shall govern (it being understood that the terms pursuant to which any transition services related to Tax matters shall be provided under the Transition Services Agreement shall be governed by the Transition Services Agreement).
Coordination of Agreements. This Amendment shall be attached to, made a part of and wholly merged into that certain "Dairy Queen" franchise, License or Operating agreement dated the 1st day of
Coordination of Agreements. In the event of any conflict between this Agreement and the Management Retention Agreement entered into by Xxxx and Company on 7/1/99, the terms of this Agreement shall control.
Coordination of Agreements. In the event of a change of control of the Company, Executive shall participate in the Company's severance and other benefit plans providing rights and benefits to executives upon a change of control, and, any exercise of rights by the Executive under any such plans shall not constitute a breach or default of this Agreement; provided, however, the exercise by Executive of any rights to payment pursuant to any severance plan shall constitute notice of resignation hereunder by Executive, effective upon receipt of payment to Executive under any severance plan.
Coordination of Agreements. This Amendment shall be attached to, made a part of and wholly merged into that certain "Dairy Queen" Franchise, License or 0perating Agreement dated the 18th day of November 1986, between the undersigned parties (the "Agreement"). The Agreement, supplemented by this Addendum, is to remain in full fore and effect and is to be deemed superseded by this Amendment only to the extent necessary to implement the terms hereof in connection
Coordination of Agreements. If Employee should become entitled to benefits under both this Agreement and Employee's Change in Control Agreement, dated March 17, 1998 (the "Change in Control Agreement"), Section 6 of the Change in Control Agreement shall apply; provided, however, (i) any amount that Employee shall become entitled to receive under Section 3.2(b) of this Agreement shall not reduce the payment due to Employee under Section 2 of, or any other benefit under, the Change in Control Agreement, and (ii) all other cash payments and benefits provided under this Agreement that are described by Section 6 of the Change in Control Agreement shall be taken into account under Section 6 of the Change in Control Agreement, including, without limitation, subject to clause (i), the payments and benefits listed in Sections 5.2(b)(I) through 5.2(b)(VI) of this Agreement.
Coordination of Agreements. If any provision of this License Agreement is in conflict or is inconsistent with any provision of the Release Agreement, the provisions of this License Agreement shall be controlling.
Coordination of Agreements. If any provision of this License Agreement is in conflict or is inconsistent with any provision of the [***], the provisions of this License Agreement shall be controlling. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] *** Certain information on this page has been omitted and filed separate with the Commission. Confidential treatment has been requested with respect to the omitted portions.
Coordination of Agreements. In determining whether the -------------------------- representations and warranties of the Selling Parties are true and correct in all material respects or whether the Selling Parties shall have performed in all material respects all of the obligations, covenants and agreements in this Agreement to be performed by it, the Purchased Assets, the Material Assets and the transactions contemplated by this Agreement and the Secondary Agreement and any other agreements, notes or documents executed in connection with the transactions contemplated by this Agreement and the Secondary Agreement must be considered in combination as if the Purchased Assets as defined in this Agreement and the Secondary Agreement were to be conveyed pursuant to a single agreement.
Coordination of Agreements. Except as expressly set forth in this Agreement, in the event of any conflict between this Agreement and the SERP, the terms of this Agreement shall control; provided, however, that the terms of this Agreement shall not be effective to alter the form or timing of payments under the SERP in a manner contrary to the requirements of Code Section 409A and its related regulations.
