Common use of Entire Agreement; Enforcement of Rights Clause in Contracts

Entire Agreement; Enforcement of Rights. The Plan is incorporated herein by reference. This Agreement and the Plan set forth the entire agreement and understanding of the parties relating to the subject matter herein and merge all prior discussions between them. No modification of or amendment to this Agreement, nor any waiver of any rights under this Agreement, shall be effective unless in writing signed by the parties to this Agreement. The failure by either party to enforce any rights under this Agreement shall not be construed as a waiver of any rights of such party. Notwithstanding anything to the contrary anywhere else in this Agreement, the grant of the Shares is subject to the terms, definitions and provisions of the Plan, which is incorporated herein by reference. Any of your rights hereunder shall be in addition to any rights you may otherwise have under benefit plans or agreements of the Company to which you are a party or in which you are a participant, including, but not limited to, any Company sponsored employee benefit plans, stock option plans, severance plans or severance agreements. The provisions of this Agreement shall not in any way limit your rights under such other plans and agreements.

Appears in 3 contracts

Samples: Restricted Stock Bonus Agreement (Arthrocare Corp), Restricted Stock Bonus Agreement (Arthrocare Corp), Stock Bonus Award Agreement (Valentis Inc)

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Entire Agreement; Enforcement of Rights. The Plan is incorporated herein by reference. This Agreement and the Plan set forth the entire agreement and understanding of the parties relating to the subject matter herein and merge all prior discussions between them. No modification of or amendment to this Agreement, nor any waiver of any rights under this Agreement, shall be effective unless in writing signed by the parties to this Agreement. The failure by either party to enforce any rights under this Agreement shall not be construed as a waiver of any rights of such party. Notwithstanding anything to the contrary anywhere else in this Agreement, the grant of the Shares is subject to the terms, definitions and provisions of the Plan, which is incorporated herein by reference. Any of your Employee’s rights hereunder shall be in addition to any rights you Employee may otherwise have under benefit plans or agreements of the Company to which you are Employee is a party or in which you are Employee is a participant, including, but not limited to, any Company sponsored employee benefit plans, stock option plans, severance plans or severance agreements. The provisions of this Agreement shall not in any way limit your Employee’s rights under such other plans and agreements.

Appears in 2 contracts

Samples: Restricted Stock Award Agreement (Alliance Imaging Inc /De/), Stock Bonus Award Agreement (Alliance Imaging Inc /De/)

Entire Agreement; Enforcement of Rights. The Plan is incorporated herein by reference. This Agreement and the Plan set forth the entire agreement and understanding of the parties relating to the subject matter herein and merge all prior discussions between them. No modification of or amendment to this Agreement, nor any waiver of any rights under this Agreement, shall be effective unless in writing signed by the parties to this Agreement. The failure by either party to enforce any rights under this Agreement shall not be construed as a waiver of any rights of such party. Notwithstanding anything to the contrary anywhere else in this Agreement, the grant of the Shares is subject to the terms, definitions and provisions of the Plan, which is incorporated herein by reference. Any of your Xxxxxxx’s rights hereunder shall be in addition to any rights you Grantee may otherwise have under benefit plans or agreements of the Company to which you are Grantee is a party or in which you are Grantee is a participant, including, but not limited to, any Company sponsored employee benefit plans, stock option plans, severance plans or severance agreements. The provisions of this Agreement shall not in any way limit your Grantee’s rights under such other plans and agreements.

Appears in 2 contracts

Samples: Restricted Stock Unit Award Agreement (Dasan Zhone Solutions Inc), Restricted Stock Award Agreement (Zhone Technologies Inc)

Entire Agreement; Enforcement of Rights. The Plan is incorporated herein by reference. This Agreement and the Plan set forth the entire agreement and understanding of the parties relating to the subject matter herein and merge all prior discussions between them. No modification of or amendment to this Agreement, nor any waiver of any rights under this Agreement, shall be effective unless in writing signed by the parties to this Agreement. The failure by either party to enforce any rights under this Agreement shall not be construed as a waiver of any rights of such party. Notwithstanding anything to the contrary anywhere else in this Agreement, the grant of the Shares is subject to the terms, definitions and provisions of the Plan, which is incorporated herein by reference. Any of your the Employee’s rights hereunder shall be in addition to any rights you the Employee may otherwise have under benefit plans or agreements of the Company to which you are Employee is a party or in which you are Employee is a participant, including, but not limited to, any Company sponsored employee benefit plans, stock option plans, severance plans or severance agreements. The provisions of this Agreement shall not in any way limit your Employee’s rights under such other plans and agreements.

Appears in 2 contracts

Samples: Restricted Stock Bonus Agreement, Restricted Stock Bonus Agreement (Tivo Inc)

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Entire Agreement; Enforcement of Rights. The Plan is incorporated herein by reference. This Agreement and the Plan set forth the entire agreement and understanding of the parties relating to the subject matter herein and merge all prior discussions between them. No modification of or amendment to this Agreement, nor any waiver of any rights under this Agreement, shall be effective unless in writing signed by the parties to this Agreement. The failure by either party to enforce any rights under this Agreement shall not be construed as a waiver of any rights of such party. Notwithstanding anything to the contrary anywhere else in this Agreement, the grant of the Shares is subject to the terms, definitions and provisions of the Plan, which is incorporated herein by reference. Any of your Director’s rights hereunder shall be in addition to any rights you Director may otherwise have under benefit plans or agreements of the Company to which you are Director is a party or in which you are Director is a participant, including, but not limited to, any Company sponsored employee benefit plans, stock option plans, severance plans or severance agreementsother plans and agreements maintained for the benefit of members of the Board. The provisions of this Agreement shall not in any way limit your Director’s rights under such other plans and agreements.

Appears in 1 contract

Samples: Restricted Stock Bonus Agreement (Tivo Inc)

Entire Agreement; Enforcement of Rights. The Plan is incorporated herein by reference. This Agreement and the Plan set forth the entire agreement and understanding of the parties relating to the subject matter herein and merge all prior discussions between them. No modification of or amendment to this Agreement, nor any waiver of any rights under this Agreement, shall be effective unless in writing signed by the parties to this Agreement. The failure by either party to enforce any rights under this Agreement shall not be construed as a waiver of any rights of such party. Notwithstanding anything to the contrary anywhere else in this Agreement, the grant of the Shares is subject to the terms, definitions and provisions of the Plan, which is incorporated herein by reference. Any of your Director's rights hereunder shall be in addition to any rights you Director may otherwise have under benefit plans or agreements of the Company to which you are Director is a party or in which you are Director is a participant, including, but not limited to, any Company sponsored employee benefit equity incentive plans, stock option plans, severance plans or severance agreements. The provisions of this Agreement shall not in any way limit your Director's rights under such other plans and agreements.

Appears in 1 contract

Samples: Restricted Stock Award Agreement (Alliance HealthCare Services, Inc)

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