A CURRENT EMPLOYEE,
DISTRIBUTOR, SOURCE, SUPPLIER, CUSTOMER, OR CONTRACTOR OF THE EMPLOYEE TO SEVER
OR DECREASE THE ACTIVITY OF ANY RELATIONSHIP WITH THE COMPANY; OR
(C)
USE THE NAME OF THE COMPANY OR ITS SUBSIDIARIES IN THE CONDUCT OF
ANY BUSINESS ACTIVITIES OR FOR EMPLOYEE'S PERSONAL USE WITHOUT THE PRIOR WRITTEN
CONSENT OF THE COMPANY.
4
(d)
Take any action that could cause the Company to be in breach of
the License and Business Conduct Agreement dated as of November 21, 2004, by and
among TDS Franchising, LLC, The Disney Store, LLC and The Disney Store (Canada)
Ltd.
10.
INJUNCTIVE RELIEF. EMPLOYEE ACKNOWLEDGES THAT A BREACH OF ANY OF
THE TERMS SET FORTH IN SECTION 7, 8 OR 9 OF THIS AGREEMENT SHALL RESULT IN AN
IRREPARABLE AND CONTINUING HARM TO THE EMPLOYER FOR WHICH THERE SHALL BE NO
ADEQUATE REMEDY OF LAW. THE EMPLOYER SHALL, WITHOUT POSTING A BOND, BE ENTITLED
TO SEEK INJUNCTIVE AND OTHER EQUITABLE RELIEF, IN ADDITION TO ANY OTHER REMEDIES
AVAILABLE TO THE EMPLOYER IN CONNECTION WITH SECTION 7, 8 OR 9 OF THIS
AGREEMENT.
11.
CONFIRMATION OF EMPLOYMENT. THE COMPANY SHALL, IF CALLED UPON,
CONFIRM THE EMPLOYEE'S DATES OF EMPLOYMENT AND POSITION WITH THE COMPANY.
12.
VIOLATION OF TERMS. SHOULD THE EMPLOYEE VIOLATE ANY PROVISION OF
THIS AGREEMENT, THEN, IN ADDITION TO ALL OTHER DAMAGES OR LEGAL REMEDIES
AVAILABLE TO THE COMPANY (INCLUDING WITHOUT LIMITATION INJUNCTIVE RELIEF), THE
EMPLOYEE IMMEDIATELY SHALL RETURN TO THE COMPANY ALL MONIES PAID TO THE EMPLOYEE
PURSUANT TO THIS AGREEMENT. SHOULD THE COMPANY VIOLATE ANY PROVISION OF THIS
AGREEMENT, THEN THE EMPLOYEE SHALL HAVE ALL REMEDIES AND CIVIL ACTIONS AVAILABLE
TO REMEDY EMPLOYEE'S DAMAGES. THE PARTIES AGREE THAT, SHOULD EITHER PARTY SEEK
TO ENFORCE THE TERMS OF THIS AGREEMENT THROUGH LITIGATION, THEN THE PREVAILING
PARTY, IN ADDITION TO ALL OTHER LEGAL REMEDIES, SHALL BE REIMBURSED BY THE OTHER
PARTY FOR ALL REASONABLE ATTORNEYS' FEES IN RELATION TO SUCH LITIGATION.
13.
COOPERATION. UPON REASONABLE NOTICE, EMPLOYEE SHALL FURNISH SUCH
INFORMATION AS MAY BE IN HIS POSSESSION TO, AND COOPERATE WITH, THE COMPANY AS
MAY REASONABLY BE REQUESTED BY THE COMPANY IN THE ORDERLY TRANSFER OF HIS
RESPONSIBILITIES TO OTHER COMPANY EMPLOYEES OR IN CONNECTION WITH ANY LITIGATION
IN WHICH THE COMPANY IS OR MAY BE A PARTY.
14.
RELEASE.
(A)
IN EXCHANGE FOR THE CONSIDERATION SET FORTH IN THIS AGREEMENT, THE
EMPLOYEE, ON BEHALF OF THE EMPLOYEE AND THE EMPLOYEE'S AGENTS, ASSIGNEES,
ATTORNEYS, HEIRS, EXECUTORS AND ADMINISTRATORS, VOLUNTARILY AND KNOWINGLY
RELEASES THE COMPANY, AS WELL AS THE COMPANY'S SUCCESSORS, PREDECESSORS,
ASSIGNS, PARENTS, SUBSIDIARIES, DIVISIONS, AFFILIATES, OFFICERS, DIRECTORS,
SHAREHOLDERS, EMPLOYEES, AGENTS AND REPRESENTATIVES, IN BOTH THEIR INDIVIDUAL
AND REPRESENTATIVE CAPACITIES (COLLECTIVELY, THE "RELEASED PARTIES"), FROM ANY
AND ALL CLAIMS, CAUSES OF ACTION, SUITS, GRIEVANCES, DEBTS, SUMS OF MONEY,
CONTROVERSIES, AGREEMENTS, PROMISES, DAMAGES, BACK AND FRONT PAY, COSTS,
EXPENSES, ATTORNEYS' FEES AND REMEDIES OF ANY TYPE BY REASON OF ANY MATTER,
CAUSE, ACT OR OMISSION ARISING OUT OF OR IN CONNECTION WITH THE EMPLOYEE'S
EMPLOYMENT OR SEPARATION FROM EMPLOYMENT WITH THE