Document 38EeJjxrJBkQb0NKz3J2VBgx
Company Name - PNEUMO ABEX CORP NEW
440 Fairfax Road Drexel Hill, PA 19026
Filing Date 12/31/1996
10 General
10 1
This Agreement shall be governed by and
construed and enforced m accordance with the laws of the State of New York
applicable to agreements made and to be performed entirely in New York
10 2
The section headings contained hereir
are for reference purooses only and shall not m any way
affect tne meaning or interpretation of this Agreement
11
i
10.3
This Agreement sets forth the entire
agreement and understanding of the parties relating to the Executive's
employment by the Company, and supersedes all prior agreements, arrangements
and understandings, written or oral, relating to the Executive's employment by
the Company, including, without limitation, the Employment Agreement dated as
of January 1, 1991, as amended (the "Prior Agreement") between the Company and
the Executive, which Prior Agreement is deemed terminated hereby and of no
further force or effect. No representation, promise or inducement has been
made by either party that is not embodied m this Agreement, and neither party
shall be bound by or liable for any alleged representation, promise or
inducement not so set forth.
10 4
This Agreement, and the Executive's
rights and obligations hereunder, may not be assigned by the Executive The
Company may assign its rights, together with its obligations, hereunder (l) to
any affiliate or (n) to third parties m connection with any sale, transfer
or other disposition of all or substantially all of the business or assets of
the Company; in any event the obligations of the Company hereunder shall be
binding on its successors or assigns, whether by merger, consolidation or
acquisition of all or substantially all of its business or assets
10.5
This Agreement may be amended, modified,
superseded, canceled, renewed or extended and the terms or covenants
hereof may be waived, only by a written instrument executed by both of the
parties hereto, or m the case of a waiver, by the party waiving compliance
The failure of either party at any time or times to require performance of any
provision hereof shall in no manner affect the right at a later time to
enforce the same No waiver by either party of the breach of any term or
covenant contained in this Agreement, whether by conduct or otherwise, m any
one or more instances, shall be deemed to be, or construed as, a further or
continuing waiver of any such breach, or a waiver of the breach of any other
term or covenant contained in this Agreement
11. Subsidiaries and Affiliates
11.1 As used herein, the term "subsidiary" shall mean any corporation or other business entity controlled
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