was or could have
been made by Employee.
10.
ON OR BEFORE 5:00 P.M. ON OCTOBER 7, 2005
THE EMPLOYEE SHALL RETURN TO THE COMPANY ALL PROPERTY BELONGING TO THE COMPANY
THAT HAS BEEN PROVIDED TO THE EMPLOYEE AND ALSO ALL PROPERTY THAT IS IN THE
EMPLOYEE'S POSSESSION OR CONTROL, INCLUDING, WITHOUT LIMITATION, LAPTOP
COMPUTER(S), COMPUTERS, COMPUTER ACCESSORIES, CELL PHONES, CELL PHONE
ACCESSORIES, CREDIT CARDS, AND COPIES OR ABSTRACTS OF ANY PROPRIETARY OR
CONFIDENTIAL INFORMATION.
11.
EMPLOYEE AGREES AND ACKNOWLEDGES THAT
EMPLOYEE SHALL BE CONSIDERED AN EMPLOYEE OF THE COMPANY ONLY THROUGH OCTOBER 6,
2005. EXCEPT FOR THE PAYMENT OBLIGATIONS SPECIFICALLY SET FORTH HEREIN, ANY
OTHER RIGHTS EMPLOYEE SHALL HAVE AS AN EMPLOYEE OF THE COMPANY SHALL TERMINATE
AS OF OCTOBER 6, 2005.
12.
THE EMPLOYEE AGREES AND ACKNOWLEDGES THAT
THE EMPLOYEE HAS WAIVED ANY RIGHT TO REINSTATEMENT TO EMPLOYMENT WITH THE
COMPANY, AND THE EMPLOYEE FURTHER AGREES NOT TO TAKE LEGAL ACTION OF ANY KIND AS
A RESULT OF A REFUSAL BY THE COMPANY TO CONSIDER THE EMPLOYEE FOR EMPLOYMENT
AFTER THE DATE OF THIS SEPARATION AGREEMENT.
13.
THE EMPLOYEE AGREES AND ACKNOWLEDGES THAT,
IN ACCORDANCE WITH THE TERMS OF THE EMPLOYMENT AGREEMENT, PARAGRAPH 4 OF THE
EMPLOYMENT AGREEMENT SHALL SURVIVE EMPLOYEE'S TERMINATION OF EMPLOYMENT;
PROVIDED, HOWEVER, THAT THE COMPANY AND EMPLOYEE AGREE THAT THE TIME PERIOD SET
OUT IN SECTION 4(C) OF THE EMPLOYMENT AGREEMENT IS HEREBY REDUCED TO TWELVE (12)
MONTHS. THE PARTIES FURTHER AGREE AND ACKNOWLEDGE THAT ALL OTHER TERMS OF THE
EMPLOYMENT AGREEMENT SHALL TERMINATE IN ACCORDANCE WITH THEIR PROVISIONS AS OF
OCTOBER 6, 2005.
14.
IN RESPONSE TO ANY INQUIRIES FROM FUTURE OR
PROSPECTIVE EMPLOYERS CONCERNING EMPLOYEE, IT IS AGREED THAT THE COMPANY WILL
CONFIRM ONLY DATES OF EMPLOYMENT, TITLE OF POSITION HELD, AND LAST SALARY.
15.
EMPLOYEE AGREES THAT HE WILL COOPERATE FULLY
WITH THE COMPANY AND ITS COUNSEL WITH RESPECT TO ANY MATTER, INCLUDING, BUT NOT
LIMITED TO, ANY LITIGATION, INVESTIGATION, OR GOVERNMENTAL PROCEEDING OR
INTERNAL COMPANY REVIEW, WHICH RELATES TO MATTERS WITH WHICH EMPLOYEE WAS
INVOLVED DURING THE PERIOD IN WHICH HE WAS EMPLOYED BY THE COMPANY, OR
CONCERNING WHICH THE COMPANY REASONABLY DETERMINES EMPLOYEE MAY HAVE RESPONSIVE
OR RELEVANT INFORMATION. SUCH COOPERATION INCLUDES, BUT IS NOT LIMITED TO, FULL
DISCLOSURE OF ALL RELEVANT INFORMATION AND TRUTHFULLY TESTIFYING ON THE
COMPANY'S BEHALF IN CONNECTION WITH ANY SUCH LITIGATION, PROCEEDING,
INVESTIGATION OR REVIEW. IN ADDITION, SUCH COOPERATION SHALL INCLUDE, BUT SHALL
NOT BE LIMITED TO, EMPLOYEE'S MAKING HIMSELF REASONABLY AVAILABLE FOR INTERVIEWS
BY COMPANY OR ITS COUNSEL, DEPOSITIONS AND/OR COURT APPEARANCES UPON COMPANY'S
REQUEST. EMPLOYEE WILL RENDER SUCH COOPERATION IN A TIMELY MANNER AND AT SUCH
TIMES AND PLACES AS MAY BE MUTUALLY AGREEABLE TO THE PARTIES. UPON SUBMISSION OF
APPROPRIATE DOCUMENTATION, EMPLOYEE SHALL BE REIMBURSED BY THE COMPANY FOR
REASONABLE TRAVEL, LODGING, MEALS, AND TELECOMMUNICATIONS EXPENSES INCURRED IN
COOPERATING WITH THE COMPANY UNDER THE TERMS OF THIS PROVISION. EXCEPT AS
REQUIRED BY OPERATION OF LAW, EMPLOYEE AGREES THAT HE WILL IMMEDIATELY NOTIFY
THE COMPANY IF HE IS CONTACTED FOR AN INTERVIEW