ALL RIGHTS UNDER APPLICABLE STATUTES OR COMMON LAW TO ENFORCE ITS RIGHTS
WITH RESPECT TO ANY AND ALL CONFIDENTIAL INFORMATION OR UNFAIR COMPETITION BY
THE EXECUTIVE.
6.
MISCELLANEOUS.
6.1
PUBLIC STATEMENTS.
(A)
MEDIA NONDISCLOSURE.
THE EXECUTIVE AGREES THAT DURING THE
EMPLOYMENT PERIOD OR AT ANY TIME THEREAFTER, EXCEPT AS MAY BE AUTHORIZED IN
WRITING BY THE COMPANY, THE EXECUTIVE WILL NOT DIRECTLY OR INDIRECTLY DISCLOSE
OR RELEASE TO THE MEDIA ANY INFORMATION CONCERNING OR RELATING TO ANY ASPECT OF
THE EXECUTIVE'S EMPLOYMENT OR TERMINATION FROM EMPLOYMENT WITH THE COMPANY
AND/OR ANY ASPECT OF ANY DISPUTE THAT IS THE SUBJECT OF THIS AGREEMENT. FOR THE
PURPOSES OF THIS AGREEMENT, THE TERM "MEDIA" INCLUDES, WITHOUT LIMITATION, ANY
NEWS ORGANIZATION, STATION, PUBLICATION, SHOW, WEBSITE, WEB LOG (BLOG), BULLETIN
BOARD, CHAT ROOM AND/OR PROGRAM (PAST, PRESENT AND/OR FUTURE), WHETHER PUBLISHED
THROUGH THE MEANS OF PRINT, RADIO, TELEVISION AND/OR THE INTERNET OR OTHERWISE,
AND ANY MEMBER, REPRESENTATIVE, AGENT AND/OR EMPLOYEE OF THE SAME.
(B)
NON-DISPARAGEMENT.
THE EXECUTIVE AGREES THAT DURING THE
EMPLOYMENT PERIOD OR AT ANY TIME THEREAFTER, THE EXECUTIVE WILL NOT MAKE ANY
STATEMENTS, COMMENTS OR COMMUNICATIONS IN ANY FORM, ORAL, WRITTEN OR ELECTRONIC
TO ANY MEDIA OR ANY CUSTOMER, CLIENT OR SUPPLIER OF THE COMPANY OR ANY OF ITS
AFFILIATES, WHICH WOULD CONSTITUTE LIBEL, SLANDER OR DISPARAGEMENT OF THE
COMPANY OR ANY OF ITS AFFILIATES, INCLUDING, WITHOUT LIMITATION, ANY SUCH
STATEMENTS, COMMENTS OR COMMUNICATIONS THAT CRITICIZE, RIDICULE OR ARE
DEROGATORY TO THE COMPANY OR ANY OF ITS AFFILIATES; PROVIDED, HOWEVER, THAT THE
TERMS OF THIS SECTION 6.1(B) SHALL NOT APPLY TO COMMUNICATIONS BETWEEN THE
EXECUTIVE AND, AS APPLICABLE, THE EXECUTIVE'S ATTORNEYS OR OTHER PERSONS WITH
WHOM COMMUNICATIONS WOULD BE SUBJECT TO A CLAIM OF PRIVILEGE EXISTING UNDER
COMMON LAW, STATUTE OR RULE OF PROCEDURE. THE EXECUTIVE FURTHER AGREES THAT THE
EXECUTIVE WILL NOT IN ANY WAY SOLICIT ANY SUCH STATEMENTS, COMMENTS OR
COMMUNICATIONS FROM OTHERS.
6.2
ARBITRATION.
SUBJECT TO THE RIGHTS UNDER SECTION 6.3 HEREOF TO
SEEK INJUNCTIVE OR OTHER EQUITABLE RELIEF, BINDING ARBITRATION SHALL BE THE
EXCLUSIVE REMEDY FOR ANY AND ALL DISPUTES, CLAIMS OR CONTROVERSIES, WHETHER
STATUTORY, CONTRACTUAL OR OTHERWISE, BETWEEN THE PARTIES HERETO ARISING
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UNDER OR RELATING TO THIS AGREEMENT OR THE EXECUTIVE'S EMPLOYMENT BY OR
TERMINATION FROM THE COMPANY (INCLUDING, BUT NOT LIMITED TO, THE AMOUNT OF
DAMAGES, OR THE CALCULATION OF ANY BONUS OR OTHER AMOUNT OR BENEFIT DUE)
(COLLECTIVELY, "DISPUTES"). THE PARTIES EACH WAIVE THE RIGHT TO A JURY TRIAL AND
WAIVE THE RIGHT TO ADJUDICATE THEIR DISPUTES UNDER THIS AGREEMENT OUTSIDE THE
ARBITRATION FORUM PROVIDED FOR IN THIS AGREEMENT, EXCEPT AS OTHERWISE PROVIDED
IN THIS AGREEMENT. IN THE EVENT EITHER PARTY PROVIDES A NOTICE OF ARBITRATION OF
ANY DISPUTE TO THE OTHER PARTY, THE PARTIES AGREE TO SUBMIT THAT DISPUTE TO A
SINGLE ARBITRATOR SELECTED FROM A PANEL OF ARBITRATORS OF JAMS LOCATED IN
GREATER NEW YORK CITY-SOUTHERN NEW JERSEY AREA. THE ARBITRATION WILL BE GOVERNED
BY THE JAMS COMPREHENSIVE ARBITRATION RULES AND PROCEDURES IN EFFECT AT THE TIME
THE ARBITRATION IS COMMENCED. IF