OTHER THAN AS
A RESULT OF A DISCLOSURE BY EMPLOYEE IN VIOLATION OF THIS AMENDED AGREEMENT.
NOTWITHSTANDING THE
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FOREGOING, EMPLOYEE MAY DISCLOSE INFORMATION TO THE EXTENT HE IS COMPELLED TO DO
SO BY LAWFUL SERVICE OF PROCESS, SUBPOENA, COURT ORDER, OR AS HE IS OTHERWISE
COMPELLED TO DO BY LAW OR THE RULES OR REGULATIONS OF ANY REGULATORY BODY TO
WHICH HE IS SUBJECT, INCLUDING FULL AND COMPLETE DISCLOSURE IN RESPONSE THERETO,
IN WHICH EVENT HE AGREES TO PROVIDE THE COMPANY WITH A COPY OF THE DOCUMENTS
SEEKING DISCLOSURE OF SUCH INFORMATION PROMPTLY UPON RECEIPT OF SUCH DOCUMENTS
AND PRIOR TO THEIR DISCLOSURE OF ANY SUCH INFORMATION, SO THAT THE COMPANY MAY,
UPON NOTICE TO EMPLOYEE, TAKE SUCH ACTION AS THE COMPANY DEEMS APPROPRIATE IN
RELATION TO SUCH SUBPOENA OR REQUEST.
(C)
EMPLOYEE AGREES THAT ALL RIGHT, TITLE AND INTEREST TO ALL WORKS OF
WHATEVER NATURE GENERATED IN THE COURSE OF HIS EMPLOYMENT RESIDES WITH THE
COMPANY AND ITS AFFILIATES. EMPLOYEE AGREES THAT HE WILL RETURN TO THE COMPANY,
NOT LATER THAN THE DATE OF TERMINATION, ALL PROPERTY, IN WHATEVER FORM
(INCLUDING COMPUTER FILES AND OTHER ELECTRONIC DATA), OF THE COMPANY AND ITS
AFFILIATES IN HIS POSSESSION, INCLUDING WITHOUT LIMITATION, ALL COPIES (IN
WHATEVER FORM) OF ALL FILES OR OTHER INFORMATION PERTAINING TO THE COMPANY, ITS
OFFICERS, DIRECTORS, SHAREHOLDERS, CUSTOMERS OR AFFILIATES, AND ANY BUSINESS OR
BUSINESS OPPORTUNITY OF THE COMPANY AND ITS AFFILIATES.
(D)
EMPLOYEE AGREES NOT TO ENGAGE IN ANY ASPECT OF THE SATELLITE BUSINESS (AS
HEREINAFTER DEFINED) DURING THE EMPLOYMENT PERIOD AND FOR ONE YEAR FOLLOWING THE
TERMINATION OF EMPLOYEE'S EMPLOYMENT WITH THE COMPANY FOR ANY REASON, OTHER THAN
A TERMINATION BY THE COMPANY WITHOUT CAUSE OR BY THE EMPLOYEE FOR GOOD REASON.
EMPLOYEE SHALL BE DEEMED TO BE ENGAGING IN THE SATELLITE BUSINESS IF HE DIRECTLY
OR INDIRECTLY, WHETHER OR NOT FOR COMPENSATION, RENDERS PERSONAL SERVICES OF ANY
KIND IN ANY CAPACITY FOR ANY COMPETITOR.
For purposes of this Section 6(d):
(I)
THE "SATELLITE BUSINESS" SHALL MEAN THE
BUSINESS OF COMMUNICATION OF ELECTRONIC VIDEO, DATA, VOICE OR OTHER INFORMATION
BY TRANSMISSION BY SATELLITE FOR HIRE OR ANY OTHER BUSINESS IN WHICH THE COMPANY
OR ITS AFFILIATES IS ENGAGED FROM TIME TO TIME DURING THE EMPLOYMENT PERIOD.
(II)
A "COMPETITOR" IS ANY CORPORATION, FIRM,
PARTNERSHIP, PROPRIETORSHIP OR OTHER ENTITY WHICH ENGAGES IN THE SATELLITE
BUSINESS.
(E)
THE RESTRICTIONS OF SECTION 6(D) HEREOF SHALL BE DEEMED TO BE SEPARATE
RESTRICTIONS WITH RESPECT TO EACH GEOGRAPHIC AREA, TIME PERIOD AND ACTIVITY
COVERED THEREBY. EMPLOYEE HEREBY AGREES THAT IF, IN ANY JUDICIAL PROCEEDING, A
COURT SHALL REFUSE TO ENFORCE ANY SUCH SEPARATE RESTRICTION, THEN SUCH
UNENFORCEABLE RESTRICTION SHALL BE DEEMED ELIMINATED FROM THIS AMENDED AGREEMENT
FOR THE PURPOSE OF SUCH PROCEEDING OR ANY OTHER JUDICIAL PROCEEDING, BUT ONLY TO
THE EXTENT NECESSARY TO PERMIT THE REMAINING RESTRICTIONS OF SECTION 6(D) HEREOF
TO BE ENFORCED.
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(F)
THE PARTIES HERETO HEREBY DECLARE THAT IT IS IMPOSSIBLE TO MEASURE IN
MONEY THE DAMAGES WHICH WILL ACCRUE TO THE COMPANY