Impact on Other Agreements. To the extent the provisions of Sections 7, 8 or 9 of this Agreement are similar to or duplicative of provisions contained in other agreements between the Executive and the Company, the provisions of this Agreement shall control; provided, however, that in the event the provisions of Section 7, 8 or 9 of this Agreement expire prior to similar provisions of any such other agreement, the provisions of such other agreement will continue to apply after expiration of the applicable terms of this Agreement.
Impact on Other Agreements. This Agreement supercedes and replaces the Prior Agreement. Severance payments under this Agreement shall be in lieu of any severance or other termination payments provided under any other agreement between the Executive and the Corporation.
Impact on Other Agreements. If Participant is or becomes party to any other restrictive covenant agreement with the Corporation or one of its subsidiaries, the obligations under such other restrictive covenant agreement shall not be superseded by this Appendix B to the extent inconsistent therewith, but shall be supplanted by this Appendix B to the extent permitted by applicable law. Further, to the extent that any provision(s) of this Appendix B are declared overbroad, void or unenforceable by an authority of competent jurisdiction in a particular jurisdiction, the provision(s) shall be modified by such authority for purposes of enforcement in that jurisdiction to the extent necessary to make the applicable provision(s) valid and enforceable. Modification of a provision of this Appendix B to validate its enforcement in any particular jurisdiction, however, will not affect the enforcement of the provision as stated in any other jurisdiction in which it is enforceable. Also, the invalidity of a provision of this Appendix B in any particular jurisdiction will not affect the validity or enforcement of that provision in any other jurisdiction where it is otherwise valid.
Impact on Other Agreements. This Amendment to Employment Agreement supersedes all of the provisions of Sections 1 through 4 of the Employment Agreement; the remaining provisions of the Employment Agreement shall continue in full force and effect. Nothing contained herein shall be deemed to limit or otherwise affect the provisions of any noncompetition agreement or code of conduct arrangement between the Executive and the Company or the provisions of any other agreement or arrangement between the Executive and the Company that is unrelated to the subject matter of this Amendment to Employment Agreement.
Impact on Other Agreements. The provisions of Sections 7, 8 and 9 of this Agreement shall control over and shall supersede similar provisions contained in other agreements between the Employee and the Company, entered into prior to the Effective Date; provided, however, that, with respect to the assignment of inventions or other intellectual property, the provisions of such prior agreements control with respect to any intellectual property assignments that arose prior to the Effective Date, and with respect to any confidentiality or non-disclosure obligations, the provisions of such prior agreements shall continue in full force and effect as set forth in any such prior agreement.
Impact on Other Agreements. Following the execution of this Agreement, all agreements previously entered into between Employee and Company relating to Employee’s employment by and services to Company are terminated other than the following: (a) this Agreement; (b) Employee’s rights under insurance policies providing Employee benefits; (c) any option agreement or restricted stock agreement entered into between Company and Employee pursuant to the Hypercom Corporation Long-Term Incentive Plan or any other plan or program pursuant to which Employee may have been granted options or restricted shares in the past, except as modified by this Agreement.
Impact on Other Agreements. Following the execution of this Agreement, all agreements, including but not limited to the Employment Agreement, previously entered into between Executive and Company relating to Executive’s employment by and services to Company are terminated other than the following: (a) this Agreement; (b) the Hypercom Employee Non-Disclosure Agreement; (c) the payments and benefits provided in Section 10 of the Employment Agreement; (d) the Covenant Not to Compete contained in Section 13 of the Employment Agreement; (e) the Indemnification Agreement; (f) Executive’s rights under insurance policies providing Executive benefits, including but not limited to, Directors and Officers and Errors and Omissions insurance policies; (g) any option agreement or restricted stock agreement entered into between Company and Executive pursuant to the Hypercom Corporation Long-Term Incentive Plan or any other plan or program pursuant to which Executive may have been granted options or restricted shares in the past, except as modified by this Agreement. In witness whereof, Executive has executed this Agreement and Company has caused this Agreement to be executed by its duly authorized officer, on this 22nd day of February, 2008. HYPERCOM CORPORATION By /s/ Xxxxxx Xxxxx Xxxxxx Xxxxx, Chairman of the Board /s/ Xxxxxx Xxxxxxx Xxxxxx Xxxxxxx EXHIBIT A EMPLOYMENT AGREEMENT July 11, 2007 Xx. Xxxxxx Xxxxxxx Hypercom Corporation 0000 Xxxx Xxxxxxxx Xxxx Phoenix, Arizona 85053 Re: Amended and Restated Employment Agreement Dear Xxx: On October 6, 2005, you executed a letter agreement constituting an offer of employment and your employment agreement (“Offer of Employment Agreement”) with Hypercom Corporation (“Hypercom” or the “Company”). Hypercom wishes to amend, replace and supersede your Offer of Employment Agreement with this employment agreement (the “Agreement”) which will become effective upon execution by you and Hypercom (the “Effective Date”).
Impact on Other Agreements. Following the execution of this Agreement, all agreements, including but not limited to the Employment Agreement (except for Section 14 thereof, which shall survive), previously entered into between Executive and Company relating to Executive’s employment by and services to Company are terminated other than the following: (a) this Agreement; (b) Executive’s rights under insurance policies providing Executive benefits; (c) any warrant or option agreement entered, or agreed to be entered, into between Company and Executive pursuant to the 1998 Stock Option Plan and 2006 Stock Incentive Plan, or any other plan or program pursuant to which Executive may have been granted options or warrants in the past. In witness whereof, Executive has executed this Agreement and Company has caused this Agreement to be executed by its duly authorized officer, on this 25th day of October, 2007. XXXXXX X. XXXXXXX QUEPASA CORPORATION /s/ Xxxxxx X. Xxxxxxx /s/ Xxxxxxx X. Xxxxxxx Xxxxxx X. Xxxxxxx Xxxxxxx X. Xxxxxxx Chief Financial Officer Date October 25, 2007 Date October 25, 2007 EXHIBIT A EMPLOYMENT AGREEMENT [See Exhibit 10.1 to the Company’s Form 10-KSB filed on March 31, 2006] EXHIBIT B REVOCATION I hereby revoke my acceptance of the foregoing Agreement within seven (7) days of my initial execution of the Agreement. I acknowledge that by revoking this Agreement it is no longer effective or enforceable and I will not receive any benefits described in the Agreement. Employee
Impact on Other Agreements. This Plan shall be considered separate from and shall not in any way impact the benefits or rights of the Executive under any employment agreement or any other plan, program or arrangement sponsored or maintained by the Bank in which the Executive is eligible to participate.
Impact on Other Agreements. Following the execution of this Agreement, all agreements, including but not limited to the Employment Agreement, previously entered into between Executive and Company relating to Executive’s employment by and services to Company are terminated other than the following: (a) this Agreement; (b) the Consulting Agreement; (b) the Hypercom Employee Non-Disclosure Agreement; (c) the Indemnification Agreement; (d) Executive’s rights under insurance policies providing Executive benefits, including but not limited to, Directors and Officers and Errors and Omissions insurance policies; (e) any option agreement or restricted stock agreement entered, or agreed to be entered, into between Company and Executive pursuant to the Hypercom Corporation Long-Term Incentive Plan, or any other plan or program pursuant to which Executive may have been granted options or restricted shares in the past, other than the option agreement relating to the May 8, 2006 grant referred to above, which agreement and grant have been canceled pursuant to Section 5(a) or the grant of restricted stock under Section 3(d) of the Employment Agreement which has been forfeited pursuant to Section 5(b) of this Agreement.
