Common use of General Terms and Provisions Clause in Contracts

General Terms and Provisions. This Agreement shall be read in conjunction with, but shall constitute a separate and different agreement from, the Executive’s Second Amended and Restated Change of Control Agreement with the Company. Descriptive paragraph, subparagraph, and/or section headings contained in this Agreement are for convenience only and shall not control or affect the meaning or construction of any provision hereof. This Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original, but all of which together shall constitute but one and the same contract. The parties shall deal with each other fairly and in good faith. The term “affiliate” shall have the meaning ascribed thereto in 17 C.F.R. 240.12b-2; the concept of “beneficial ownership” shall have the meaning ascribed thereto in 17 C.F.R. 13d-3, inclusive of either Execution Counterpart Exhibit 10.10 or both of dispositive and voting control; and the term “Exchange Act” means the Securities Exchange Act of 1934, as amended. <Continued on next page.> Execution Counterpart AS SET FORTH ABOVE, AFTER CONSULTATION WITH COUNSEL EXECUTIVE AND COMPANY, HAVE ELECTED TO WAIVE ANY AND ALL RIGHTS TO A TRIAL BY JURY AND HEREBY CONSENT TO A TRIAL BY THE COURT SITTING WITHOUT A JURY WITH RESPECT TO ANY ACTION OR PROCEEDING RELATED TO OR INVOLVING THIS AGREEMENT.

General Terms and Provisions. This Agreement shall be read in conjunction with, but shall constitute a separate and different agreement from, the Executive’s Second Amended and Restated Change of Control Agreement with the Company. Descriptive paragraph, subparagraph, and/or section headings contained in this Agreement are for convenience only and shall not control or affect the meaning or construction of any provision hereof. This Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original, but all of which together shall constitute but one and the same contract. The parties shall deal with each other fairly and in good faith. The term “affiliate” shall have the meaning ascribed thereto in 17 C.F.R. 240.12b-2; the concept of “beneficial ownership” shall have the meaning ascribed thereto in 17 C.F.R. 13d-3, inclusive of either Execution Counterpart Exhibit 10.10 10.7 or both of dispositive and voting control; and the term “Exchange Act” means the Securities Exchange Act of 1934, as amended. <Continued on next page.> Execution Counterpart AS SET FORTH ABOVE, AFTER CONSULTATION WITH COUNSEL EXECUTIVE AND COMPANY, HAVE ELECTED TO WAIVE ANY AND ALL RIGHTS TO A TRIAL BY JURY AND HEREBY CONSENT TO A TRIAL BY THE COURT SITTING WITHOUT A JURY WITH RESPECT TO ANY ACTION OR PROCEEDING RELATED TO OR INVOLVING THIS AGREEMENT.

General Terms and Provisions. This Agreement shall be read in conjunction with, but shall constitute a separate and different agreement from, the Executive’s Second Amended and Restated Change of Control Agreement with the Company. Descriptive paragraph, subparagraph, and/or section headings contained in this Agreement are for convenience only and shall not control or affect the meaning or construction of any provision hereof. This Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original, but all of which together shall constitute but one and the same contract. The parties shall deal with each other fairly and in good faith. The term “affiliate” shall have the meaning ascribed thereto in 17 C.F.R. 240.12b-2; the concept of “beneficial ownership” shall have the meaning ascribed thereto in 17 C.F.R. 13d-3, inclusive of either Execution Counterpart Exhibit 10.10 10.9 or both of dispositive and voting control; and the term “Exchange Act” means the Securities Exchange Act of 1934, as amended. <Continued on next page.> Execution Counterpart AS SET FORTH ABOVE, AFTER CONSULTATION WITH COUNSEL EXECUTIVE AND COMPANY, HAVE ELECTED TO WAIVE ANY AND ALL RIGHTS TO A TRIAL BY JURY AND HEREBY CONSENT TO A TRIAL BY THE COURT SITTING WITHOUT A JURY WITH RESPECT TO ANY ACTION OR PROCEEDING RELATED TO OR INVOLVING THIS AGREEMENT.

General Terms and Provisions. This Agreement shall be read in conjunction with, but shall constitute a separate and different agreement from, the Executive’s Second Amended and Restated Change of Control Agreement with the Company. Descriptive paragraph, subparagraph, and/or section headings contained in this Agreement are for convenience only and shall not control or affect the meaning or construction of any provision hereof. This Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original, but all of which together shall constitute but one and the same contract. The parties shall deal with each other fairly and in good faith. The term “affiliate” shall have the meaning ascribed thereto in 17 C.F.R. 240.12b-2; the concept of “beneficial ownership” shall have the meaning ascribed thereto in 17 C.F.R. 13d-3, inclusive of either Execution Counterpart Exhibit 10.10 10.8 or both of dispositive and voting control; and the term “Exchange Act” means the Securities Exchange Act of 1934, as amended. <Continued on next page.> Execution Counterpart AS SET FORTH ABOVE, AFTER CONSULTATION WITH COUNSEL EXECUTIVE AND COMPANY, HAVE ELECTED TO WAIVE ANY AND ALL RIGHTS TO A TRIAL BY JURY AND HEREBY CONSENT TO A TRIAL BY THE COURT SITTING WITHOUT A JURY WITH RESPECT TO ANY ACTION OR PROCEEDING RELATED TO OR INVOLVING THIS AGREEMENT.