This Agreement represents the complete agreement among Schmitz and the Company concerning the subject matter hereof and supersedes all prior agreements and understandings, written or oral, between Schmitz and any member of the Company concerning the subject matter of this Agreement except those provisions of the Employment Agreement which survive the “Termination Date” as set forth in the Employment Agreement. No attempted modification or waiver of any of the provisions of this Agreement shall be binding on any party hereto unless in writing and signed by Schmitz and the Company. This Agreement is binding upon and inures to the benefit of the parties’ heirs, successors and permitted assigns.