Entire Agreement. This instrument and the Plan, the Outstanding Awards, Proprietary Agreement and the Dispute Resolution Policy (further referenced below) contain the entire agreement of the parties relating to the subject of employment and termination of Employee’s employment, supersede and replace in their entirety any existing employment agreement or consulting agreement of Employee and may not be waived, changed, modified, extended or discharged orally but only by agreement in writing signed by the party against whom enforcement of any such waiver, change, modification, extension or discharge is sought. The waiver by the Company of a breach of any provision of this Agreement by Employee shall not operate or be construed as a waiver of a breach of any other provision or of any subsequent breach by Employee.

Entire Agreement. This instrument contains the entire agreement of the parties relating to the subject matter hereof and the Employee’s relationship with the Company, supersedes all prior agreements and understandings, and may not be waived, changed, modified, extended or discharged orally but only by agreement in writing, consented to in writing by the Company, and signed by the party against whom enforcement of any such waiver, change, modification, extension or discharge is sought.