Inc.
6000 Northwest Parkway, Suite 100
San Antonio, Texas
78249
(210) 690-8824 facsimile
Attention:
President
If to Employee, to Employee's last known address appearing on Employer's records
8
(B)
WITHHOLDING.
ALL PAYMENTS REQUIRED TO BE MADE TO EMPLOYEE BY
EMPLOYER UNDER THIS AGREEMENT SHALL BE SUBJECT TO THE WITHHOLDING OF SUCH
AMOUNTS, IF ANY, RELATING TO FEDERAL, STATE AND LOCAL TAXES AS MAY BE REQUIRED
BY LAW.
(C)
EQUITABLE REMEDIES.
EACH OF THE PARTIES HERETO ACKNOWLEDGES AND
AGREES THAT UPON ANY BREACH BY EMPLOYEE OF HIS OBLIGATIONS UNDER ANY OF
SECTION 9, SECTION 10, SECTION 11, AND SECTION 12 EMPLOYER SHALL SUFFER
IMMEDIATE, SUBSTANTIAL AND IRREPARABLE INJURY AND SHALL HAVE NO ADEQUATE REMEDY
AT LAW.
ACCORDINGLY, IN EVENT OF SUCH BREACH, EMPLOYER SHALL BE ENTITLED, IN
ADDITION OTHER REMEDIES AND WITHOUT SHOWING ACTUAL DAMAGES, TO SPECIFIC
PERFORMANCE AND OTHER APPROPRIATE INJUNCTIVE AND EQUITABLE RELIEF.
(D)
SEVERABILITY.
IF ANY PROVISION OF THIS AGREEMENT IS HELD TO BE
ILLEGAL, INVALID OR UNENFORCEABLE, SUCH PROVISION SHALL BE FULLY SEVERABLE, AND
THIS AGREEMENT SHALL BE CONSTRUED AND ENFORCED AS IF SUCH ILLEGAL, INVALID OR
UNENFORCEABLE PROVISION NEVER COMPRISED A PART HEREOF, AND THE REMAINING
PROVISIONS HEREOF SHALL REMAIN IN FULL FORCE AND EFFECT AND SHALL NOT BE
AFFECTED BY THE ILLEGAL, INVALID OR UNENFORCEABLE PROVISION OR BY ITS
SEVERANCE.
FURTHERMORE, IN LIEU OF SUCH ILLEGAL, INVALID OR UNENFORCEABLE
PROVISION, THERE SHALL BE ADDED AUTOMATICALLY AS PART OF THIS AGREEMENT A
PROVISION AS SIMILAR IN ITS TERMS TO SUCH ILLEGAL, INVALID OR UNENFORCEABLE
PROVISION AS MAY BE POSSIBLE AND BE LEGAL, VALID AND ENFORCEABLE.
(E)
WAIVERS.
NO DELAY OR OMISSION BY EITHER PARTY IN EXERCISING ANY
RIGHT, POWER OR PRIVILEGE HEREUNDER SHALL IMPAIR SUCH RIGHT, POWER OR PRIVILEGE,
NOR SHALL ANY SINGLE OR PARTIAL EXERCISE OF ANY SUCH RIGHT, POWER OR PRIVILEGE
PRECLUDE ANY FURTHER EXERCISE THEREOF OR THE EXERCISE OF ANY OTHER RIGHT, POWER
OR PRIVILEGE.
(F)
COUNTERPARTS.
THIS AGREEMENT MAY BE EXECUTED IN MULTIPLE
COUNTERPARTS, EACH OF WHICH SHALL BE DEEMED AN ORIGINAL, AND ALL OF WHICH
TOGETHER SHALL CONSTITUTE ONE AND THE SAME INSTRUMENT.
(G)
CAPTIONS.
THE CAPTIONS IN THIS AGREEMENT ARE FOR CONVENIENCE OF
REFERENCE ONLY AND SHALL NOT LIMIT OR OTHERWISE AFFECT ANY OF THE TERMS OR
PROVISIONS HEREOF.
(H)
INTERPRETATION OF AGREEMENT.
THIS AGREEMENT SHALL BE CONSTRUED
ACCORDING TO ITS FAIR MEANING AND NOT FOR OR AGAINST EITHER PARTY.
USE OF THE
WORDS "HEREIN," "HEREOF," "HERETO," "HEREUNDER" AND THE LIKE IN THIS AGREEMENT
REFER TO THIS AGREEMENT ONLY AS A WHOLE AND NOT TO ANY PARTICULAR SECTION OR
SUBSECTION OF THIS AGREEMENT, UNLESS OTHERWISE NOTED.
THE MASCULINE GENDER
SHALL BE DEEMED TO DENOTE THE FEMININE OR NEUTER GENDERS, THE SINGULAR TO DENOTE
THE PLURAL, AND THE PLURAL TO DENOTE THE SINGULAR, WHERE THE CONTEXT SO PERMITS.
(I)
BINDING AGREEMENT; ASSIGNMENT.
THIS AGREEMENT SHALL BE BINDING
UPON AND INURE TO THE BENEFIT OF THE PARTIES AND SHALL BE ENFORCEABLE BY THE
HEIRS, LEGAL REPRESENTATIVES, PERSONAL REPRESENTATIVES AND PERMITTED ASSIGNS OF
EMPLOYEE AND THE SUCCESSORS AND ASSIGNS OF EMPLOYER.
THE