Common use of SECTION HEADINGS; INCONSISTENCY Clause in Contracts

SECTION HEADINGS; INCONSISTENCY. The section headings used in this Agreement are included solely for convenience and shall not affect, or be used in connection with, the interpretation of this Agreement. In the event of any inconsistency between the terms of this Agreement and any form, award, plan or policy of the Company, the terms of this Agreement shall govern and control.

Appears in 190 contracts

Samples: Employment Agreement (Dakota Gold Corp.), Employment Agreement (Dakota Gold Corp.), Employment Agreement (Dakota Gold Corp.)

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SECTION HEADINGS; INCONSISTENCY. The section headings used in this Agreement are included solely for convenience and shall not affect, or be used in connection with, the interpretation of this Agreement. In the event of If there is any inconsistency between the terms of this Agreement and any formother agreement (including but not limited to any option, awardstock, plan long-term incentive or other equity award agreement), plan, program, policy or practice (collectively, “Other Provision”) of the Company, Company the terms of this Agreement shall govern and controlcontrol over such Other Provision.

Appears in 46 contracts

Samples: Executive Employment Agreement (Myriant Corp), Executive Employment Agreement (Radius Health, Inc.), Executive Employment Agreement (Myriant Corp)

SECTION HEADINGS; INCONSISTENCY. The section headings used in this Agreement are included solely for convenience and shall not affect, or be used in connection with, the interpretation of this Agreement. In the event of any inconsistency between the terms of this Agreement and any formother agreement (including but not limited to any option, awardlong-term incentive or other equity award agreement), plan plan, program, policy or policy practice of the Company, the terms of this Agreement shall govern and control.

Appears in 35 contracts

Samples: Executive Employment Agreement (Belden Inc.), Executive Employment Agreement (Belden Inc.), Executive Employment Agreement (Belden Inc.)

SECTION HEADINGS; INCONSISTENCY. The section headings used in this Agreement are included solely for convenience and shall not affect, or be used in connection with, the interpretation of this Agreement. In the event of any inconsistency between the terms of this Agreement and any form, award, plan or policy of the Company, the terms of this Agreement shall govern and control.

Appears in 31 contracts

Samples: Employment Agreement (Elevance Health, Inc.), Change in Control Agreement (Champion Enterprises Inc), Executive Employment Agreement (Tyco International LTD /Ber/)

SECTION HEADINGS; INCONSISTENCY. The section headings used in this Agreement are included solely for convenience and shall not affect, or be used in connection with, the interpretation of this Agreement. In the event of any inconsistency between the terms of this Agreement (including the Exhibits hereto) and any form, award, plan or policy of the Company, the terms of this Agreement shall govern and control.

Appears in 25 contracts

Samples: Employment Agreement (Trinseo S.A.), Employment Agreement (Styron Canada ULC), Employment Agreement (Styron Canada ULC)

SECTION HEADINGS; INCONSISTENCY. The section headings used in this Agreement are included solely for convenience and shall not affect, or be used in connection with, the interpretation of this Agreement. In the event of any inconsistency between the terms of this Agreement and any form, award, plan or policy of the Company, the terms of this Agreement shall govern and control.

Appears in 21 contracts

Samples: Executive Employment Agreement (DraftKings Inc.), Indemnification Agreement (DraftKings Inc.), Employment Agreement (Virtual Radiologic CORP)

SECTION HEADINGS; INCONSISTENCY. The section headings used in this Agreement are included solely for convenience and shall not affect, or be used in connection with, the interpretation of this Agreement. In the event of any inconsistency between the terms of this Agreement and any form, award, plan or policy of the Employer or the Company, the terms of this Agreement shall govern and control.

Appears in 17 contracts

Samples: Employment Agreement (Legacy Reserves Inc.), Employment Agreement (Legacy Reserves Inc.), Employment Agreement (Legacy Reserves Inc.)

SECTION HEADINGS; INCONSISTENCY. The section headings used in this Agreement are included solely for convenience and shall not affect, or be used in connection with, the interpretation of this Agreement. In Except as provided in the event last sentence of Section 15 hereof, if there is any inconsistency between the terms of this Agreement and any formother agreement (including but not limited to any option, awardstock, plan long-term incentive or other equity award agreement), plan, program, policy or practice (collectively, “Other Provision”) of the Company, Company the terms of this Agreement shall govern and controlcontrol over such Other Provision.

Appears in 17 contracts

Samples: Executive Employment Agreement (KAMAN Corp), Executive Employment Agreement (Kaman Corp), Executive Employment Agreement (Kaman Corp)

SECTION HEADINGS; INCONSISTENCY. The section headings used in this Agreement are included solely for convenience and shall not affect, or be used in connection with, the interpretation of this Agreement. In the event of any inconsistency between the terms of this Agreement and any form, award, plan or policy of the CompanyCompany Group, the terms of this Agreement shall govern and control.

Appears in 14 contracts

Samples: Employment Agreement (Solo Brands, Inc.), Employment Agreement (Solo Brands, Inc.), Employment Agreement (Rallybio Corp)

SECTION HEADINGS; INCONSISTENCY. The section headings used in this Agreement are included solely for convenience and shall not affect, or be used in connection with, the interpretation of this Agreement. In the event of any inconsistency between the terms of this Agreement and any form, award, plan or policy of the CompanyHxxxxxx Jxxxx, the terms of this Agreement shall govern and control.

Appears in 10 contracts

Samples: Employment Agreement (Hancock Jaffe Laboratories, Inc.), Employment Agreement (Hancock Jaffe Laboratories, Inc.), Employment Agreement (Hancock Jaffe Laboratories, Inc.)

SECTION HEADINGS; INCONSISTENCY. The section headings used in this Agreement are included solely for convenience and shall will not affect, or be used in connection with, the interpretation of this Agreement. In the event of any inconsistency between the terms of this Agreement and any form, award, plan or policy of the Company, the terms of this Agreement shall will govern and control.

Appears in 10 contracts

Samples: Employment Agreement (Verde Clean Fuels, Inc.), Employment Agreement (Vine Energy Inc.), Severance and Change in Control Protection Agreement (Premier Financial Corp)

SECTION HEADINGS; INCONSISTENCY. The section headings used in this Agreement are included solely for convenience and shall not affect, or be used in connection with, the interpretation of this Agreement. In the event of any inconsistency between the terms of this Agreement and any form, award, plan or policy of the CompanyCue, the terms of this Agreement shall govern and control.

Appears in 8 contracts

Samples: Executive Employment Agreement (Cue Biopharma, Inc.), Executive Employment Agreement (Cue Biopharma, Inc.), Executive Employment Agreement (Cue Biopharma, Inc.)

SECTION HEADINGS; INCONSISTENCY. The section headings used in this Agreement are included solely for convenience and shall not affect, or be used in connection with, the interpretation of this Agreement. In the event of If there is any inconsistency between the terms of this Agreement and any formother agreement plan, awardprogram, plan policy or policy practice (collectively, “Other Provision”) of the Company, Company the terms of this Agreement shall govern and controlcontrol over such Other Provision.

Appears in 7 contracts

Samples: Executive Employment Agreement (Eloxx Pharmaceuticals, Inc.), Executive Employment Agreement (Eloxx Pharmaceuticals, Inc.), Executive Employment Agreement (Eloxx Pharmaceuticals, Inc.)

SECTION HEADINGS; INCONSISTENCY. The section headings used in this Agreement are included solely for convenience and shall not affect, or be used in connection with, the interpretation of this Agreement. In the event of If there is any inconsistency between the terms of this Agreement and any formother agreement (including but not limited to any option, awardstock, plan shares, long-term incentive or other equity award agreement), plan, program, policy or practice (collectively, “Other Provision”) of the Company, Company the terms of this Agreement shall govern and controlcontrol over such Other Provision.

Appears in 7 contracts

Samples: Consultancy and Employment Agreement (INX LTD), Consultancy and Employment Agreement (INX LTD), Executive Employment Agreement (INX LTD)

SECTION HEADINGS; INCONSISTENCY. The section headings used in this Agreement are included solely for convenience and shall not affect, or be used in connection with, the interpretation of this Agreement. In the event of any inconsistency between the terms of this Agreement and any formother agreement (including but not limited to any option, awardstock, plan long-term incentive or other equity award agreement), plan, program, policy or practice (collectively, “Other Provision”) of the Company, Company the terms of this Agreement shall govern and controlcontrol over such Other Provision to the extent that the terms of this Agreement are more beneficial to the Executive.

Appears in 6 contracts

Samples: Executive Employment Agreement (Guess Inc), Executive Employment Agreement (Guess Inc), Executive Employment Agreement (Guess Inc)

SECTION HEADINGS; INCONSISTENCY. The section headings used in this Agreement are included solely for convenience and shall not affect, or be used in connection with, the interpretation of this Agreement. In the event of any inconsistency between the terms of this Agreement and any form, award, plan or policy of the CompanyCompany or Holdco, the terms of this Agreement shall govern and control.

Appears in 5 contracts

Samples: Employment Agreement (Spirit Finance Corp), Employment Agreement (Spirit Realty Capital, Inc.), Employment Agreement (Spirit Realty Capital, Inc.)

SECTION HEADINGS; INCONSISTENCY. The section headings used in this Agreement are included solely for convenience and shall will not affect, or be used in connection with, the interpretation of this Agreement. In the event of that any inconsistency between the terms of this Agreement and any form, award, plan or policy of the Company, the terms of this Agreement shall will govern and control.

Appears in 4 contracts

Samples: User Agreement, User Agreement, User Agreement

SECTION HEADINGS; INCONSISTENCY. The section headings used in this Agreement are included solely for convenience and shall not affect, or be used in connection with, the interpretation of this Agreement. In the event of any conflict or inconsistency between the terms and conditions of this Agreement and any offer letter, form, award, plan or policy of the Company, the terms of this Agreement shall govern and control.

Appears in 4 contracts

Samples: Executive Employment Agreement (SpringBig Holdings, Inc.), Executive Employment Agreement (Digital World Acquisition Corp.), Executive Employment Agreement (SpringBig Holdings, Inc.)

SECTION HEADINGS; INCONSISTENCY. The section headings used in this Agreement are included solely for convenience and shall not affect, or be used in connection with, the interpretation of this Agreement. In the event of any inconsistency between the terms of this Agreement (including the Exhibits hereto) and any form, award, plan or policy of the CompanyParent Group, the terms of this Agreement shall govern and control.

Appears in 4 contracts

Samples: Employment Agreement (Trinseo S.A.), Employment Agreement (Trinseo PLC), Employment Agreement (Trinseo S.A.)

SECTION HEADINGS; INCONSISTENCY. The section headings used in this Agreement are included solely for convenience and shall not affect, or be used in connection with, the interpretation of this Agreement. In the event of If there is any inconsistency between the terms of this Agreement and any formother agreement (including but not limited to any option, awardstock, plan or policy of the Company, the terms of this Agreement shall govern and control.long-term incentive or

Appears in 4 contracts

Samples: Executive Employment Agreement (Clinical Data Inc), Executive Employment Agreement (Clinical Data Inc), Executive Employment Agreement (Clinical Data Inc)

SECTION HEADINGS; INCONSISTENCY. The section headings used in this Agreement are included solely for convenience and shall not affect, or be used in connection with, the interpretation of this Agreement. In the event of any inconsistency between the terms of this Agreement and any formother plan, awardprogram, plan policy or policy of agreement in which the CompanyExecutive is a participant or a party, the terms of this Agreement shall govern and controlcontrol unless such other plan, program, policy or agreement specifically refers to this Agreement as not so controlling.

Appears in 3 contracts

Samples: Executive Employment Agreement (OppFi Inc.), Executive Employment Agreement (OppFi Inc.), Executive Employment Agreement (OppFi Inc.)

SECTION HEADINGS; INCONSISTENCY. The section headings used in this Agreement are included solely for convenience and shall not affect, or be used in connection with, the interpretation of this Agreement. In the event of If there is any inconsistency between the terms of this Agreement and any formother agreement, awardplan, plan program, policy or policy practice (collectively, “Other Provision”) of the Company, Company the terms of this Agreement shall govern and controlcontrol over such Other Provision.

Appears in 3 contracts

Samples: Executive Employment Agreement (Avadim Health, Inc.), Consulting Agreement (Avadim Health, Inc.), Executive Employment Agreement (Avadim Health, Inc.)

SECTION HEADINGS; INCONSISTENCY. The section headings used in this Agreement are included solely for convenience and shall not affect, or be used in connection with, the interpretation of this Agreement. In the event of any inconsistency between the terms of this Agreement and any form, award, plan or policy of the Company, the terms of this Agreement shall govern and control. 15.

Appears in 3 contracts

Samples: Employment Agreement (Spirit Realty Capital, Inc.), Employment Agreement (Spirit Realty Capital, Inc.), Employment Agreement (Spirit Realty Capital, Inc.)

SECTION HEADINGS; INCONSISTENCY. The section headings used in this Agreement are included solely for convenience and shall not affect, or be used in connection with, the interpretation of this 10 Agreement. In the event of any inconsistency between the terms of this Agreement and any form, award, plan or policy of the Company, the terms of this Agreement shall govern and control.

Appears in 3 contracts

Samples: Employment Agreement (Reunion Hospitality Trust, Inc.), Employment Agreement (Reunion Hospitality Trust, Inc.), Employment Agreement (Reunion Hospitality Trust, Inc.)

SECTION HEADINGS; INCONSISTENCY. The section headings used in this Agreement are included solely for convenience and shall not affect, or be used in connection with, the interpretation of this Agreement. In the event of any inconsistency between the terms of this Agreement and any form, award, plan or policy of the CompanyCompany Arrangement, the terms of this Agreement shall govern and control.

Appears in 3 contracts

Samples: Employment Agreement (Epicor Software Corp), Employment Agreement (Epicor Software Corp), Employment Agreement (Epicor International Holdings, Inc.)

SECTION HEADINGS; INCONSISTENCY. The section headings used in this Agreement are included solely for convenience and shall not affect, or be used in connection with, the interpretation of this Agreement. In the event of any inconsistency between the terms of this Agreement and any form, award, plan or policy of the CompanyCompany Group, the terms of this Agreement shall govern and control. 17.

Appears in 2 contracts

Samples: Employment Agreement (Rallybio Corp), Employment Agreement (Rallybio Corp)

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SECTION HEADINGS; INCONSISTENCY. The section headings used in this Agreement are included solely for convenience and shall not affect, or be used in connection with, the interpretation of this Agreement. In the event of If there is any inconsistency between the terms of this Agreement and any formother agreement (including but not limited to any option, awardstock, plan long-term incentive or other equity award agreement), plan, program, policy or practice (collectively, "Other Provision") of the Company, Company the terms of this Agreement shall govern and controlcontrol over such Other Provision.

Appears in 2 contracts

Samples: Executive Employment Agreement (Clinical Data Inc), Executive Employment Agreement (Clinical Data Inc)

SECTION HEADINGS; INCONSISTENCY. The section headings used in this Agreement are included solely for convenience and shall not affect, or be used in connection with, the interpretation of this Agreement. In the event of any inconsistency between the terms of this Agreement and any formother agreement (including but not limited to any option, awardstock, plan long-term incentive or other equity award agreement), plan, program, policy or practice (collectively, “Other Provision”) of the Company, the terms of this Agreement shall govern and controlcontrol over such Other Provision to the extent that the terms of this Agreement are more beneficial to the Executive.

Appears in 2 contracts

Samples: Executive Employment Agreement (Guess Inc), Executive Employment Agreement (Guess Inc)

SECTION HEADINGS; INCONSISTENCY. The section headings used in this Agreement are included solely for convenience and shall not affect, or be used in connection with, the interpretation of this Agreement. In the event of any inconsistency between the terms of this Agreement and any form, award, plan or policy of the Company, the terms of this Agreement shall govern and controlcontrol except in the case of any such form, award, plan or policy approved by the shareholders of the Company in which case the terms such form, award, plan or policy shall prevail.

Appears in 2 contracts

Samples: Employment Agreement (Sarepta Therapeutics, Inc.), Employment Agreement (Sarepta Therapeutics, Inc.)

SECTION HEADINGS; INCONSISTENCY. The section headings used in this Agreement are included solely for convenience and shall not affect, or be used in connection with, the interpretation of this Agreement. In Subject to Section 18 hereof, in the event of any inconsistency between the terms of this Agreement and any form, award, plan or policy of the Company, the terms of this Agreement shall govern and control.

Appears in 2 contracts

Samples: Executive Employment Agreement (Gores Holdings VIII Inc.), Executive Employment Agreement (Gores Holdings VIII Inc.)

SECTION HEADINGS; INCONSISTENCY. The section headings used in this Agreement are included solely for convenience and shall not affect, or be used in connection with, the interpretation of this Agreement. In the event of any inconsistency between the terms of this Agreement and any form, award, plan or policy of the Parent or Company, the terms of this Agreement shall govern and control.

Appears in 2 contracts

Samples: Executive Employment Agreement (Tyco International LTD /Ber/), Executive Employment Agreement (Tyco Healthcare Ltd.)

SECTION HEADINGS; INCONSISTENCY. The section headings used in this Agreement are included solely for convenience and shall not affect, or be used in connection with, the interpretation of this Agreement. In the event of any inconsistency between the terms of this Agreement or the CIC Severance Agreement, as applicable, and any form, award, plan or policy of the Company, the terms of this Agreement or the CIC Severance Agreement, as applicable, shall govern and control.

Appears in 1 contract

Samples: Employment Agreement (Sarepta Therapeutics, Inc.)

SECTION HEADINGS; INCONSISTENCY. The section headings used in this Agreement are included solely for convenience and shall not affect, or be used in connection with, the interpretation of this Agreement. In the event of any inconsistency between the terms of this Agreement and any form, award, plan or policy of the CompanyCompany or Cott, the terms of this Agreement shall govern and control.

Appears in 1 contract

Samples: Employment Agreement (Cott Corp /Cn/)

SECTION HEADINGS; INCONSISTENCY. The section headings used in this Agreement are included solely for convenience and shall not affect, or be used in connection with, the interpretation of this Agreement. In the event of any inconsistency between the terms of this Agreement (and the Exhibits hereto) and any formother plan, awardprogram, plan policy or policy of agreement in which the CompanyExecutive is a participant or a party, the terms of this Agreement shall govern and controlcontrol unless such other plan, program, policy or agreement specifically refers to this Agreement as not so controlling.

Appears in 1 contract

Samples: Executive Employment Agreement (OppFi Inc.)

SECTION HEADINGS; INCONSISTENCY. The section headings used in this Agreement are included solely for convenience and shall not affect, or be used in connection with, the interpretation of this Agreement. In the event of any inconsistency between the terms of this Agreement and any form, award, plan or policy of the CompanyOminto, the terms of this Agreement shall govern and control.

Appears in 1 contract

Samples: Employment Agreement (Ominto, Inc.)

SECTION HEADINGS; INCONSISTENCY. The section headings used in this Agreement are included solely for convenience and shall not affect, or be used in connection with, the interpretation of this Agreement. In the event of any inconsistency between the terms of this Agreement and any form, award, plan or policy of the CompanyImagen, the terms of this Agreement shall govern and control.

Appears in 1 contract

Samples: Employment Agreement (Cue Biopharma, Inc.)

SECTION HEADINGS; INCONSISTENCY. The section headings used in this Agreement are included solely for convenience and shall not affect, or be used in connection with, the interpretation of this Agreement. In the event of any inconsistency between the terms of this Agreement and any formother agreement (including but not limited to any option, awardlong-term incentive or other equity award agreement), plan plan, program, policy or policy practice of the CompanyCompany or its affiliates, the terms of this Agreement shall govern and control.

Appears in 1 contract

Samples: Executive Employment Agreement (Belden Inc.)

SECTION HEADINGS; INCONSISTENCY. The section headings used in this Agreement are included solely for convenience and shall not affect, or be used in connection with, the interpretation of this Agreement. In the event of any inconsistency between the terms of this Agreement and any form, award, plan or policy of Holdings or the Company, the terms of this Agreement shall govern and control.

Appears in 1 contract

Samples: Employment Agreement (Orchard Supply Hardware Stores Corp)

SECTION HEADINGS; INCONSISTENCY. The section headings used in this Agreement are included solely for convenience and shall not affect, or be used in connection with, the interpretation of this Agreement. In the event of Except as provided in Section 15 hereof, if there is any inconsistency between the terms of this Agreement and any formother agreement (including but not limited to any option, awardstock, plan long-term incentive or other equity award agreement), plan, program, policy or practice (collectively, “Other Provision”) of the Company, the terms of this Agreement shall govern and controlcontrol over such Other Provision.

Appears in 1 contract

Samples: Executive Employment Agreement (KAMAN Corp)

SECTION HEADINGS; INCONSISTENCY. The section headings used in this Agreement are included solely for convenience and shall not affect, or be used in connection with, the interpretation of this Agreement. In the event of any inconsistency between the terms of DocuSign Envelope ID: A081C543-FD8D-4611-95E4-54DC0D299CD8 this Agreement and any form, award, plan or policy of the CompanyCompany Group, the terms of this Agreement shall govern and control.

Appears in 1 contract

Samples: Employment Agreement (Solo Brands, Inc.)

SECTION HEADINGS; INCONSISTENCY. The section headings used in this Agreement are included solely for convenience and shall not affect, or be used in connection with, the interpretation of this Agreement. In the event of any inconsistency between the terms of this Agreement and any form, award, plan or policy of the CompanyFHLBA, the terms of this Agreement shall govern and control.

Appears in 1 contract

Samples: Confidential Agreement and Release (Federal Home Loan Bank of Atlanta)

SECTION HEADINGS; INCONSISTENCY. The section headings used in this Agreement are included solely for convenience and shall not affect, or be used in connection with, the interpretation of this Agreement. In the event of any inconsistency between the terms of this Agreement and any form, award, plan or policy of the Company, the terms of this Agreement shall govern and control. 17.

Appears in 1 contract

Samples: Employment Agreement (Visteon Corp)

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