unaffected thereby and shall
remain in full force and effect to the fullest extent permitted by applicable
law.
18. EMPLOYEE UNDERSTANDS THAT HE SHOULD CONSULT WITH AN ATTORNEY PRIOR TO
SIGNING THIS AGREEMENT AND THAT HE IS GIVING UP ANY LEGAL CLAIMS HE HAS AGAINST
BIGBAND RELEASED ABOVE BY SIGNING THIS AGREEMENT. EMPLOYEE FURTHER UNDERSTANDS
THAT HE MAY HAVE UP TO 21 DAYS TO CONSIDER THIS AGREEMENT, THAT HE MAY REVOKE IT
AT ANY TIME DURING THE 7 DAYS AFTER HE SIGNS IT, AND THAT IT SHALL NOT BECOME
EFFECTIVE UNTIL THAT 7-DAY PERIOD HAS PASSED. EMPLOYEE ACKNOWLEDGES THAT HE IS
SIGNING THIS AGREEMENT KNOWINGLY, WILLINGLY AND VOLUNTARILY IN EXCHANGE FOR THE
PAYMENT PROVIDED FOR IN SECTION 2.
Dated: March 4, 2010
BIGBAND NETWORKS, INC.
By:
/s/ Rob Horton
Rob Horton, General Counsel
Dated: March 4, 2010
EMPLOYEE
/s/ David Heard
David Heard
5
Exhibit B
Proprietary Rights Agreement
6