Common use of of the Employment Agreement Clause in Contracts

of the Employment Agreement. Section 7.12 of the Employment Agreement shall be amended in its entirety to provide as follows: "Except for the Change in Control Agreement dated as of September 15, 1998, between the Executive and the Company (the "Change in Control Agreement") relating to payments to be made to the Executive in the event of the 2 termination of the Executive's employment with the Company following a Change in Control (as defined therein), this Agreement constitutes the entire understanding and agreement of the parties with respect to the subject matter of this Agreement, and any and all prior agreements (other than the Change in Control Agreement), understandings or representations are hereby terminated and cancelled in their entirety; provided that notwithstanding anything to the contrary contained in this Agreement, in the event the Executive's employment is terminated following a Change in Control, the Executive shall be entitled solely to the amounts and benefits payable under the Change in Control Agreement, which shall be in lieu of any and all amounts payable under this Agreement."

of the Employment Agreement. Section 7.12 8.13 of the Employment Agreement shall be amended in its entirety to provide as follows: "Except for the Change in Control Agreement dated as of September 15, 1998, between the Executive and the Company (the "Change in Control Agreement") relating to payments to be made to the Executive in the event of the 2 termination of the Executive's employment with the Company following a Change in Control (as defined therein), this Agreement constitutes the entire understanding and agreement of the parties with respect to the subject matter of this Agreement, and any and all prior agreements (other than the Change in Control Agreement), understandings or representations are hereby terminated and cancelled in their entirety; provided that notwithstanding anything to the contrary contained in this Agreement, in the event the Executive's employment is terminated following a Change in Control, the Executive shall be entitled solely to the amounts and benefits payable under the Change in Control Agreement, which shall be in lieu of any and all amounts payable under this Agreement."