Terminating the Employment Relationship

4. I NTEGRATION An integration clause is an essential component to an enforceable agreement. It provides that the agreement is the complete and final agreement between the parties, and that all material terms are in writing. The following is a sample integration clause:

This Agreement is intended by the Parties to be a fully integrated document. The terms of this Agreement are the complete, exclusive and final embodiment of the Parties' intent and may be modified only in a written document signed by all Parties.

5. S UPERSESSION C LAUSE A supersession clause provides that the agreement supersedes all prior agreements between the parties, oral and written. It prevents a party from basing a claim against the other party on any agreement that predates the execution date of the settlement or separation agreement. The following is a sample supersession clause:

This Agreement sets forth the entire agreement between the Parties and fully supersedes any and all prior agreements or understandings, written or oral, between the Parties pertaining to the subject matter contained in this Agreement.

6. N O R EPRESENTATIONS An agreement should embody the parties’ intent and include all representations made by the parties. A no representations clause is an acknowledgment by both parties that they are not relying on oral representations that have not been reduced to writing in the agreement. The following is a sample no representations clause:

The Parties represent and acknowledge that in executing this Agreement they do not rely and have not relied upon any representation or statement made by any of the Parties or by any of the Parties' agents, attorneys, or representatives with regard to the subject matter, basis, or effect of this Agreement or otherwise, other than those specifically stated in this written Agreement.

7. M ODIFICATION

Modification to an agreement should only occur in writing, signed by both parties. By specifying the manner in which parties can modify the agreement, an employer can avoid a claim that the agreement has been modified by an extraneous document or oral representation. The following is a sample modification clause:

Terminating the Employment Relationship ©2019 (s) Liebert Cassidy Whitmore 102