Executive represents and warrants to the Company that: (1) he has full power, authority and capacity to execute and deliver this Agreement, and to perform his obligations hereunder, (1) such execution, delivery and performance will not (and with the giving of notice or lapse of time, or both, would not) result in the breach of any agreement or other obligation to which he is a party or is otherwise bound, and (1) this Agreement is his valid and binding obligation, enforceable in accordance with its terms.