Common use of Entire Agreement; Effectiveness Clause in Contracts

Entire Agreement; Effectiveness. This Agreement shall be of no force or effect unless and until the consummation of the Merger (as defined in that certain Amended and Restated Agreement and Plan of Merger, dated as of March 24, 1999, by and between Yankee Acquisition Corp., a Delaware corporation, and the Company, as such agreement may be amended from time to time); upon such consummation, this Agreement shall be in full force and effect. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes in all respects any and all prior employment agreements and/or severance protection letters, agreements, or arrangements between Executive, on the one hand, and the Company or any other predecessor in interest thereto or any of their respective subsidiaries, on the other hand, which prior employment agreements and/or severance protection letters, agreements, and arrangements, if any, are hereby cancelled and of no further force or effect.