RESPECT TO EACH PARTY AS SUCH PARTY SHALL NOTIFY THE OTHER IN WRITING.
17.
PRONOUNS.
PRONOUNS STATED IN EITHER THE
MASCULINE, FEMININE OR NEUTER GENDER SHALL INCLUDE THE MASCULINE, FEMININE AND
NEUTER.
18.
ENTIRE AGREEMENT.
THIS AGREEMENT CONTAINS
THE ENTIRE AGREEMENT OF THE PARTIES CONCERNING THE MATTERS SET FORTH HEREIN AND
ALL PROMISES, REPRESENTATIONS, UNDERSTANDINGS, ARRANGEMENTS AND PRIOR AGREEMENTS
REGARDING THE SUBJECT MATTER HEREOF (INCLUDING THE EXISTING AGREEMENTS, WHICH
THE PARTIES AGREE SHALL TERMINATE AS OF THE EFFECTIVE DATE HEREOF) ARE MERGED
HEREIN AND SUPERSEDED HEREBY; PROVIDED THAT ANY NONCOMPETITION AGREEMENT SHALL
NOT BE MERGED OR SUPERSEDED BUT SHALL REMAIN IN FULL FORCE AND EFFECT.
THE
PROVISIONS OF THIS AGREEMENT MAY NOT BE AMENDED, MODIFIED, REPEALED, WAIVED,
EXTENDED OR DISCHARGED EXCEPT BY AN AGREEMENT IN WRITING SIGNED BY THE PARTY
AGAINST WHOM ENFORCEMENT OF ANY AMENDMENT, MODIFICATION, REPEAL, WAIVER,
EXTENSION OR DISCHARGE IS SOUGHT.
NO PERSON ACTING OTHER THAN PURSUANT TO A
RESOLUTION OF THE BOARD OF DIRECTORS SHALL HAVE AUTHORITY ON BEHALF OF THE
COMPANY TO AGREE TO AMEND, MODIFY,
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REPEAL, WAIVE, EXTEND OR DISCHARGE ANY PROVISION OF THIS AGREEMENT OR ANYTHING
IN REFERENCE THERETO OR TO EXERCISE ANY OF THE COMPANY'S RIGHTS TO TERMINATE OR
TO FAIL TO EXTEND THIS AGREEMENT.
IN WITNESS WHEREOF, the Company has caused this Agreement to be executed by its
officers thereunto duly authorized, and the Employee has hereunto set his/her
hand, all as of the day and year first above written.
ATTEST:
EQUITABLE RESOURCES, INC.
/s/ Jean F. Marks
By:
/s/ Gregory R. Spencer
Gregory R. Spencer
Senior Vice President and Chief
Administrative Officer
Address:
One Oxford Centre
Suite 3300
Pittsburgh, PA 15219
WITNESS:
EMPLOYEE:
/s/ David J. Smith
/s/ John A. Bergonzi
Address:
160 Partridge Run
Gibsonia, PA 15044
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