DOCUMENTS AND COMPANY PROPERTY.
IN THE EVENT OF THE TERMINATION OF THE EXECUTIVE'S EMPLOYMENT FOR ANY REASON,
THE EXECUTIVE WILL PROMPTLY DELIVER TO THE COMPANY ALL NON-PERSONAL DOCUMENTS
AND DATA OF ANY NATURE AND IN WHATEVER MEDIUM PERTAINING TO THE EXECUTIVE'S
EMPLOYMENT WITH THE COMPANY, OR ANY OF ITS SUBSIDIARIES OR AFFILIATES, (FOR
WHICH PURPOSE, THE EXECUTIVE'S ROLODEX OR OTHER ADDRESS BOOK SHALL BE CONSIDERED
PERSONAL) OR ANY OTHER PROPERTY OF THE COMPANY OR ANY OF ITS SUBSIDIARIES OR
AFFILIATES AND HE WILL NOT TAKE WITH HIM ANY SUCH PROPERTY, DOCUMENTS OR DATA OF
ANY DESCRIPTION OR ANY REPRODUCTION THEREOF, OR ANY DOCUMENTS CONTAINING OR
PERTAINING TO ANY PROPRIETARY INFORMATION.
11.
ENFORCEMENT OF COVENANTS.
(A)
INJUNCTIVE RELIEF.
EXECUTIVE ACKNOWLEDGES
AND AGREES THAT THE COVENANTS, OBLIGATIONS AND AGREEMENTS OF THE EXECUTIVE
CONTAINED IN SECTIONS 6, 7, 8, 9 AND 10 RELATE TO SPECIAL, UNIQUE AND
EXTRAORDINARY MATTERS AND THAT A VIOLATION OF ANY OF THE TERMS OF SUCH
COVENANTS, OBLIGATIONS OR AGREEMENTS WILL CAUSE THE COMPANY IRREPARABLE INJURY
FOR WHICH ADEQUATE REMEDIES ARE NOT AVAILABLE AT LAW.
THEREFORE, THE EXECUTIVE
AGREES THAT THE COMPANY WILL BE ENTITLED TO AN INJUNCTION, RESTRAINING ORDER OR
SUCH OTHER EQUITABLE RELIEF (WITHOUT THE REQUIREMENT TO POST BOND) AS A COURT OF
COMPETENT JURISDICTION MAY DEEM NECESSARY OR APPROPRIATE TO RESTRAIN THE
EXECUTIVE FROM COMMITTING ANY VIOLATION OF THE COVENANTS, OBLIGATIONS OR
AGREEMENTS REFERRED TO IN THIS SECTION 11(A).
THESE INJUNCTIVE REMEDIES ARE
CUMULATIVE AND IN ADDITION TO ANY OTHER RIGHTS AND REMEDIES THE COMPANY MAY
HAVE.
THE COMPANY AND THE EXECUTIVE HEREBY IRREVOCABLY SUBMIT TO THE EXCLUSIVE
JURISDICTION OF THE COURTS OF THE STATE OF THE CITY OF THE COMPANY'S
HEADQUARTERS AND THE FEDERAL COURTS OF THE UNITED STATES OF AMERICA, IN EACH
CASE LOCATED IN (OR LOCATED NEAREST TO) THE CITY OF THE COMPANY'S HEADQUARTERS,
SOLELY IN RESPECT OF THE INJUNCTIVE REMEDIES SET FORTH IN THIS SECTION 11(A) AND
THE INTERPRETATION AND ENFORCEMENT OF SECTIONS 6, 7, 8, 9, 10 AND 11 SOLELY
INSOFAR AS SUCH INTERPRETATION AND ENFORCEMENT RELATE TO AN APPLICATION FOR
INJUNCTIVE RELIEF IN ACCORDANCE WITH THE PROVISIONS OF THIS SECTION 11(A), AND
THE PARTIES HERETO HEREBY IRREVOCABLY AGREE THAT
(I) THE SOLE AND EXCLUSIVE APPROPRIATE VENUE FOR ANY SUIT OR PROCEEDING RELATING
SOLELY TO SUCH INJUNCTIVE RELIEF SHALL BE IN SUCH A COURT, (II) ALL CLAIMS WITH
RESPECT TO ANY APPLICATION SOLELY FOR SUCH INJUNCTIVE RELIEF SHALL BE HEARD AND
DETERMINED EXCLUSIVELY IN SUCH A COURT, (III) ANY SUCH COURT SHALL HAVE
EXCLUSIVE JURISDICTION OVER THE PERSON OF SUCH PARTIES AND OVER THE SUBJECT
MATTER OF ANY DISPUTE RELATING TO AN APPLICATION SOLELY FOR SUCH INJUNCTIVE
RELIEF, AND (IV) EACH HEREBY WAIVES ANY AND ALL OBJECTIONS AND DEFENSES BASED ON
FORUM, VENUE OR PERSONAL OR SUBJECT MATTER JURISDICTION AS THEY MAY RELATE TO AN
APPLICATION SOLELY FOR SUCH INJUNCTIVE RELIEF IN A SUIT OR PROCEEDING BROUGHT
BEFORE SUCH A COURT IN ACCORDANCE WITH THE PROVISIONS OF THIS SECTION 11(A).
(B)
FORFEITURE OF PAYMENTS.
EXECUTIVE AGREES
THAT RECEIPT OF SEVERANCE