FairPoint Communications 2002 Annual Report Download - page 445

Agreement may be waived in writing at any time by the party which is entitled to
the benefits thereof, and this Agreement may be modified or amended at any time
by the Company and the Executive. No supplement, modification or amendment of
this Agreement shall be binding unless executed in writing by each of the
parties hereto. No waiver of any of the provisions of this Agreement shall be
deemed or shall constitute a waiver of any other provision hereof nor shall such
waiver constitute a continuing waiver.
(g) THIRD PARTY BENEFICIARIES. Except as otherwise expressly set forth
herein, no individual or entity shall be a third-party beneficiary of the
representations, warranties, covenants and agreements made by any party hereto.
(h) TERMINATION OF PRIOR ARRANGEMENTS. The parties hereto acknowledge
and agree that this Agreement supersedes and terminates all existing employment
and severance agreements or arrangements between the Company and/or any of its
affiliates and the Executive, including but not limited to Executive's
employment agreement with the Company dated January 1, 2002.
(i) EXECUTIVE'S LEGAL FEES. The reasonable costs and expenses for legal
services incurred by Executive in the negotiation and execution of this
Agreement shall be paid by the Company.
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IN WITNESS WHEREOF, the parties hereto have executed or have caused this
Agreement to be duly executed as of the date first above written.
EXECUTIVE
/s/ Eugene B. Johnson
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Eugene B. Johnson
FAIRPOINT COMMUNICATIONS, INC.
By: /s/ Walter E. Leach
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Name: Walter E. Leach
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Title: Senior Vice President
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