Common use of Superseding Agreement; Binding Effect Clause in Contracts

Superseding Agreement; Binding Effect. This Agreement supersedes any statements, representations or agreements of the Company with respect to the grant of the Award, any other equity-based awards or any related rights, and the Participant hereby waives any rights or claims related to any such statements, representations or agreements. This Agreement does not supersede or amend any existing confidentiality agreement, non-solicitation agreement, non-competition agreement, employment agreement or any other similar agreement between the Participant and the Company, including, but not limited to, any restrictive covenants contained in such agreements. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective executors, administrators, heirs, successors and assigns.

Appears in 8 contracts

Samples: Restricted Stock Award Agreement (Akoustis Technologies, Inc.), Restricted Stock Unit Agreement (Akoustis Technologies, Inc.), Restricted Stock Award Agreement (Akoustis Technologies, Inc.)

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Superseding Agreement; Binding Effect. This Agreement supersedes any statements, representations or agreements of the Company with respect to the grant of the Award, any other equity-based awards or any related rights, and the Participant hereby waives any rights or claims related to any such statements, representations or agreements. This Agreement does not supersede or amend any existing confidentiality agreement, non-solicitation competition agreement, non-competition solicitation agreement, employment agreement, consulting agreement or any other similar agreement between the Participant and the Company, including, including but not limited to, to any restrictive covenants contained in such agreements, which shall remain in full force and effect and enforceable in accordance with their terms. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective executors, administrators, heirsnext-of-kin, successors and assigns.

Appears in 6 contracts

Samples: Award Agreement (Atlantic Capital Bancshares, Inc.), Restricted Stock Award Agreement (Atlantic Capital Bancshares, Inc.), Award Agreement (Atlantic Capital Bancshares, Inc.)

Superseding Agreement; Binding Effect. This Agreement supersedes any statements, representations or agreements of the Company with respect to the grant of the AwardOption, any other equity-based awards or any related rights, and the Participant hereby waives any rights or claims related to any such statements, representations or agreements. This Agreement does not supersede or amend any existing confidentiality agreement, non-solicitation agreement, non-competition agreement, employment agreement or any other similar agreement between the Participant and the Company, including, but not limited to, any restrictive covenants contained in such agreements. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective executors, administrators, heirs, successors and assigns.

Appears in 5 contracts

Samples: 2016 Stock Incentive Plan (Akoustis Technologies, Inc.), 2016 Stock Incentive Plan (Akoustis Technologies, Inc.), Nonqualified Stock Option Agreement (Akoustis Technologies, Inc.)

Superseding Agreement; Binding Effect. This Agreement supersedes any statements, representations or agreements of the Company Corporation with respect to the grant of the Award, any other related equity-based awards award or any related rights, and the Participant hereby waives any rights or claims related to any such statements, representations or agreements. This Agreement does not supersede or amend any existing confidentiality non-competition agreement, non-solicitation agreement, non-competition employment agreement, employment consulting agreement or any other similar agreement between the Participant and the CompanyCorporation, including, including but not limited to, to any restrictive covenants contained in such agreements. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective executors, administrators, heirsnext-of-kin, successors and assigns.

Appears in 3 contracts

Samples: Restricted Stock Award Agreement (Atlantic Capital Bancshares, Inc.), Restricted Stock Award Agreement (Atlantic Capital Bancshares, Inc.), Restricted Stock Award Agreement (Atlantic Capital Bancshares, Inc.)

Superseding Agreement; Binding Effect. This Agreement supersedes any statements, representations or agreements of the Company Corporation with respect to the grant of the AwardOption, any other equity-based awards or any related rights, and the Participant hereby waives any rights or claims related to any such statements, representations or agreements. This Agreement does not supersede or amend any existing confidentiality agreement, non-solicitation agreement, non-competition agreement, employment agreement or any other similar agreement between the Participant and the CompanyCorporation, including, but not limited to, any restrictive covenants contained in such agreements. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective executors, administrators, heirs, successors and assigns.

Appears in 3 contracts

Samples: 2016 Stock Incentive Plan (GeoVax Labs, Inc.), Nonqualified Stock Option Agreement (GeoVax Labs, Inc.), Nonqualified Stock Option Agreement (GeoVax Labs, Inc.)

Superseding Agreement; Binding Effect. This Agreement supersedes any statements, representations or agreements of the Company with respect to the grant of the Award, any other equity-based awards or any related rights, and the Participant hereby waives any rights or claims related to any such statements, representations or agreements. This Agreement does not supersede or amend any existing confidentiality agreement, non-solicitation agreement, non-competition noncompetition agreement, employment agreement or any other similar agreement between the Participant and the Company, including, but not limited to, any restrictive covenants contained in such agreements. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective executors, administrators, heirs, successors and assigns.

Appears in 2 contracts

Samples: Restricted Stock Award Agreement (Old Dominion Freight Line, Inc.), Restricted Stock Unit Agreement (Old Dominion Freight Line, Inc.)

Superseding Agreement; Binding Effect. This Agreement supersedes any statements, representations or agreements of the Company with respect to the grant of the Award, any other equity-based awards Award or any related rights, and the Participant hereby waives any rights or claims related to any such statements, representations or agreements. This Except as may be otherwise provided in Section 18 of the Plan, this Agreement does not supersede or amend any existing confidentiality agreementChange in Control Agreement, non-solicitation agreementInventions, non-competition agreementConfidentiality and Nonsolicitations Agreement, employment agreement Employment Agreement or any other similar agreement between the Participant and the Company, including, but not limited to, any restrictive covenants contained in such agreements. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective executors, administrators, heirsnext-of-kin, successors and assigns.

Appears in 2 contracts

Samples: Restricted Stock Unit Agreement (Rf Micro Devices Inc), Restricted Stock Unit Agreement (Rf Micro Devices Inc)

Superseding Agreement; Binding Effect. This Agreement supersedes any statements, representations or agreements of the Company Corporation with respect to the grant of the Award, any other equity-based awards Award or any related rights, and the Participant hereby waives any rights or claims related to any such statements, representations or agreements. This Except as may be otherwise provided in Section 18 of the Plan, this Agreement does not supersede or amend any existing confidentiality agreementChange in Control Agreement, non-solicitation agreementInventions, non-competition agreementConfidentiality and Nonsolicitations Agreement, employment agreement Employment Agreement or any other similar agreement between the Participant and the Company, including, but not limited to, any restrictive covenants contained in such agreements. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective executors, administrators, heirsnext-of-kin, successors and assigns.

Appears in 2 contracts

Samples: Restricted Stock Unit Agreement (Rf Micro Devices Inc), Restricted Stock Unit Agreement (Rf Micro Devices Inc)

Superseding Agreement; Binding Effect. This Agreement supersedes any statements, representations or agreements of the Company with respect to the grant of the Award, any other equity-based awards or any related rights, and the Participant hereby waives any rights or claims related to any such statements, representations or agreements. This Agreement does not supersede or amend any existing confidentiality agreement, non-solicitation nonsolicitation agreement, non-competition noncompetition agreement, employment agreement or any other similar agreement between the Participant and the Company, including, but not limited to, any restrictive covenants contained in such agreements. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective executors, administrators, heirs, successors and assigns.

Appears in 2 contracts

Samples: Restricted Stock Unit Agreement (Old Dominion Freight Line Inc/Va), Restricted Stock Award Agreement (Old Dominion Freight Line Inc/Va)

Superseding Agreement; Binding Effect. This Agreement supersedes any statements, representations or agreements of the Company with respect to the grant of the Award, any other equity-based awards or any related rightsOption, and the Participant hereby waives any rights or claims related to any such statements, representations or agreements. This Agreement does not supersede or amend any existing confidentiality agreement, non-solicitation competition agreement, non-competition solicitation agreement, employment agreement, consulting agreement or any other similar agreement between the Participant and the Company, including, including but not limited to, to any restrictive covenants contained in such agreements, which shall remain in full force and effect and enforceable in accordance with their terms. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective executors, administrators, heirsnext-of-kin, successors and assigns.

Appears in 1 contract

Samples: Stock Option Agreement (Atlantic Capital Bancshares, Inc.)

Superseding Agreement; Binding Effect. This Agreement supersedes any statements, representations or agreements of the Company Corporation with respect to the grant of the Award, any other equity-based awards or any related rights, and the Participant hereby waives any rights or claims related to any such statements, representations or agreements. This Agreement does not supersede or amend any existing confidentiality agreement, non-solicitation nonsolicitation agreement, non-competition noncompetition agreement, employment agreement or any other similar agreement between the Participant and the CompanyCorporation, including, but not limited to, any restrictive covenants contained in such agreements. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective executors, administrators, heirsnext-of-kin, successors and assigns.

Appears in 1 contract

Samples: Restricted Stock Award Agreement (Targacept Inc)

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Superseding Agreement; Binding Effect. This Agreement supersedes any statements, representations or agreements of the Company with respect to the grant of the AwardOption, any other equity-based awards or any related rights, and the Participant hereby waives any rights or claims related to any such statements, representations or agreements. This Agreement does not supersede or amend any existing confidentiality agreement, non-solicitation nonsolicitation agreement, non-competition noncompetition agreement, employment agreement or any other similar agreement between the Exhibit 10.2 Participant and the Company, including, but not limited to, any restrictive covenants contained in such agreements. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective executors, administrators, heirs, successors and assigns.

Appears in 1 contract

Samples: Nonqualified Stock Option Agreement (Catalyst Biosciences, Inc.)

Superseding Agreement; Binding Effect. This Agreement supersedes Agreement, together with the Plan, supersede any statements, representations or agreements of the Company Corporation with respect to the grant of the Award, any other equity-based awards Incentive Option or any related rights, and the Participant hereby waives any rights or claims related to any such statements, representations or agreements. This Agreement does not supersede or amend any existing confidentiality agreement, non-solicitation nonsolicitation agreement, non-competition noncompetition agreement, employment agreement or any other similar agreement between the Participant and the CompanyCorporation, including, but not limited to, any restrictive covenants contained in such agreements. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective executors, administrators, heirs, successors and assigns.

Appears in 1 contract

Samples: Agreement (BigString CORP)

Superseding Agreement; Binding Effect. This Agreement supersedes Agreement, together with the Plan, supersede any statements, representations or agreements of the Company Corporation with respect to the grant of the Award, any other equity-based awards Director Option or any related rights, and the Participant hereby waives any rights or claims related to any such statements, representations or agreements. This Agreement does not supersede or amend any existing confidentiality agreement, non-solicitation nonsolicitation agreement, non-competition noncompetition agreement, employment agreement or any other similar agreement between the Participant and the CompanyCorporation, including, but not limited to, any restrictive covenants contained in such agreements. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective executors, administrators, heirs, successors and assigns.

Appears in 1 contract

Samples: Agreement (BigString CORP)

Superseding Agreement; Binding Effect. This Agreement supersedes any statements, representations or agreements of the Company with respect to the grant of the Award, any other equity-based awards or any related rights, and the Participant hereby waives any rights or claims related to any such statements, representations or agreements. This Agreement does not supersede or amend any existing confidentiality agreement, non-solicitation competition agreement, non-competition solicitation agreement, employment agreement agreement, consulting agreement, or any other similar agreement between the Participant and the Company, including, but not limited to, any restrictive covenants contained in such agreements. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective executors, administrators, heirsnext-of-kin, successors and assigns.

Appears in 1 contract

Samples: Restricted Stock (Atlantic Capital Bancshares, Inc.)

Superseding Agreement; Binding Effect. This Agreement supersedes any statements, representations or agreements of the Company with respect to the grant of the AwardOption, any other equity-based awards or any related rights, and the Participant hereby waives any rights or claims related to any such statements, representations or agreements. This Agreement does not supersede or amend any existing confidentiality agreement, non-solicitation nonsolicitation agreement, non-competition noncompetition agreement, employment agreement or any other similar agreement between the Participant and the Company, including, but not limited to, any restrictive covenants contained in such agreements. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective executors, administrators, heirs, successors and assigns.

Appears in 1 contract

Samples: Incentive Stock Option Agreement (Catalyst Biosciences, Inc.)

Superseding Agreement; Binding Effect. This Agreement ------------------------------------- supersedes any statements, representations or agreements of the Company Corporation with respect to the grant of the Award, any other equity-based awards Option or any related rights, and the Participant hereby waives any rights or claims related to any such statements, representations or agreements. This Agreement does not supersede or amend any existing confidentiality agreement, non-solicitation nonsolicitation agreement, non-competition noncompetition agreement, employment agreement or any other similar agreement between the Participant and the CompanyCorporation, including, but not limited to, any restrictive covenants contained in such agreements. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective executors, administrators, heirs, successors and assigns.

Appears in 1 contract

Samples: Agreement (New York Community Bancorp Inc)

Superseding Agreement; Binding Effect. This Agreement supersedes any statements, representations or agreements of the Company with respect to the grant of the Award, any other equity-based awards or any related rights, and the Participant hereby waives any rights or claims related to any such statements, representations or agreements. This Agreement does not supersede or amend any existing confidentiality agreement, non-solicitation nonsolicitation agreement, non-competition noncompetition agreement, employment service agreement or any other similar agreement between the Participant and the Company, including, but not limited to, any restrictive covenants contained in such agreements. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective executors, administrators, heirs, successors and assigns.

Appears in 1 contract

Samples: Restricted Stock Award Agreement (Old Dominion Freight Line Inc/Va)

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