THIS AGREEMENT SHALL BE DEEMED TO
CONSTITUTE A WAIVER OF A FUTURE BREACH, WHETHER OF A SIMILAR OR DISSIMILAR
NATURE.
11.2
NOTICES.
ALL NOTICES AND OTHER COMMUNICATIONS
REQUIRED OR PERMITTED UNDER THIS AGREEMENT SHALL BE IN WRITING, SERVED
PERSONALLY ON, OR MAILED BY NATIONALLY RECOGNIZED (US OR CANADIAN) EXPRESS MAIL
COURIER.
NOTICES AND OTHER COMMUNICATIONS SERVED BY EXPRESS MAIL COURIER SHALL
BE DEEMED GIVEN 120 HOURS (SUBJECT TO WEEKENDS AND STATUTORY HOLIDAYS NOT
INCLUDED IN THE TOTAL HOURS) AFTER DEPOSIT WITH SUCH EXPRESS MAIL COURIER DULY
ADDRESSED TO WHOM SUCH NOTICE OR COMMUNICATION IS TO BE GIVEN, IN THE CASE OF
(A) THE COMPANY, 5171 CLARETON DRIVE, AGOURA HILLS, CALIFORNIA 91301, ATTENTION:
GENERAL COUNSEL, OR (B) TO YOU, TO THE ADDRESS OF RECORD PROVIDED BY YOU TO THE
DTS HUMAN RESOURCES DEPARTMENT.
EITHER PARTY MAY CHANGE THEIR ADDRESS FOR
PURPOSE OF THIS SECTION BY GIVING TO THE PARTY INTENDED TO BE BOUND THEREBY, IN
THE MANNER PROVIDED HEREIN, A WRITTEN NOTICE OF SUCH CHANGE.
YOU AGREE TO
PROMPTLY UPDATE THE HUMAN RESOURCES DEPARTMENT WITH ANY CHANGES TO YOUR CONTACT
INFORMATION.
11.3
COUNTERPARTS.
THIS INSTRUMENT MAY BE EXECUTED IN
ONE OR MORE COUNTERPARTS, EACH OF WHICH SHALL BE DEEMED AN ORIGINAL, BUT ALL OF
WHICH TOGETHER SHALL CONSTITUTE ONE AND THE SAME AGREEMENT.
THE PARTIES AGREE
THAT A SIGNATURE DELIVERED BY FACSIMILE TRANSMISSION WILL BE TREATED IN ALL
RESPECTS AS HAVING THE SAME EFFECT AS AN ORIGINAL SIGNATURE.
11.4
CONSTRUCTION OF AGREEMENT.
THIS AGREEMENT SHALL
BE CONSTRUED IN ACCORDANCE WITH, AND GOVERNED BY, THE INTERNAL LAWS OF BRITISH
COLUMBIA, CANADA. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS
AGREEMENT, THE PROVISIONS OF THE EMPLOYMENT STANDARDS ACT (BRITISH COLUMBIA) AS
AMENDED FROM TIME TO TIME ARE DEEMED TO BE INCORPORATED INTO THIS AGREEMENT.
ANY TERMINATION PROVISIONS INCLUDED IN THIS AGREEMENT MUST ENSURE COMPLIANCE
WITH NO LESS THAN THE MINIMUM STANDARDS REQUIRED UNDER THAT LEGISLATION.
THE
SEVERANCE PAYMENT UNDER SECTION 6 OF THIS AGREEMENT SHALL BE INCLUSIVE OF ALL
STATUTORY AND COMMON LAW ENTITLEMENTS.
11.5
SEVERABILITY.
IF FOR ANY REASON ANY TERM OR
PROVISION OF THIS AGREEMENT IS HELD TO BE INVALID OR UNENFORCEABLE, ALL OTHER
VALID TERMS AND PROVISIONS HEREOF SHALL REMAIN IN
6
FULL FORCE AND EFFECT, AND ALL OF THE TERMS AND PROVISIONS OF THIS AGREEMENT
SHALL BE DEEMED TO BE SEVERABLE IN NATURE.
IF FOR ANY REASON ANY TERM OR
PROVISION CONTAINING A RESTRICTION SET FORTH HEREIN IS HELD TO COVER AN AREA OR
TO BE FOR A LENGTH OF TIME WHICH IS UNREASONABLE, OR IN ANY OTHER WAY IS
CONSTRUED TO BE TOO BROAD OR TO ANY EXTENT INVALID, SUCH TERM OR PROVISION SHALL
NOT BE DETERMINED TO BE NULL, VOID AND OF NO EFFECT, BUT TO THE EXTENT THE SAME
IS OR WOULD BE VALID OR ENFORCEABLE UNDER APPLICABLE LAW, ANY COURT OF COMPETENT
JURISDICTION SHALL CONSTRUE AND INTERPRET OR REFORM THIS AGREEMENT TO PROVIDE
FOR A RESTRICTION HAVING THE MAXIMUM ENFORCEABLE AREA, TIME PERIOD AND OTHER
PROVISIONS (NOT GREATER THAN THOSE CONTAINED HEREIN) AS SHALL