NOTICES. ALL NOTICES, REQUESTS, DEMANDS, CLAIMS, AND OTHER
COMMUNICATIONS HEREUNDER WILL BE IN WRITING AND ADDRESSED TO THE INTENDED
RECIPIENT AS SET FORTH BELOW. ANY PARTY HERETO MAY GIVE ANY NOTICE, REQUEST,
DEMAND, CLAIM OR OTHER COMMUNICATION HEREUNDER BY REGISTERED OR CERTIFIED MAIL,
RETURN RECEIPT REQUESTED, OR DELIVERY IN PERSON OR BY ANY NATIONALLY KNOWN
OVERNIGHT COURIER SERVICE THAT REQUIRES A RETURN RECEIPT OR SIGNATURE FOR
DELIVERY.
ANY PARTY HERETO MAY CHANGE THE ADDRESS TO WHICH NOTICES, REQUESTS,
DEMANDS, CLAIMS, AND OTHER COMMUNICATIONS HEREUNDER ARE TO BE DELIVERED BY
GIVING THE OTHER PARTY HERETO NOTICE IN THE MANNER HEREIN SET FORTH.
7
If to Executive:
Kevin DeSanctis
2 Woods Way
Wyomissing, PA 19610
If to Employer:
Penn National Gaming, Inc.
825 Berkshire Blvd., Suite 200
Wyomissing, PA 19610
Attention: General Counsel
10.
REMEDIES.
NO REMEDY CONFERRED UPON EITHER PARTY BY THIS AGREEMENT
IS INTENDED TO BE EXCLUSIVE OF ANY OTHER REMEDY, AND EACH AND EVERY SUCH REMEDY
SHALL BE CUMULATIVE AND IN ADDITION TO AND NOT IN DEROGATION OF ANY OTHER REMEDY
OR RIGHT GIVEN HEREUNDER OR NOW OR HEREAFTER EXISTING AT LAW OR IN EQUITY,
INCLUDING, WITHOUT LIMITATION, ANY REMEDIES CONFERRED UPON EITHER PARTY BY
VIRTUE OF THEIR PRIOR EMPLOYMENT RELATIONSHIP.
NO DELAY OR OMISSION BY EITHER
PARTY IN EXERCISING ANY RIGHT, REMEDY OR POWER HEREUNDER OR EXISTING AT LAW OR
IN EQUITY SHALL BE CONSTRUED AS A WAIVER THEREOF, AND ANY SUCH RIGHT, REMEDY OR
POWER MAY BE EXERCISED BY ANY EITHER PARTY FROM TIME TO TIME AND AS OFTEN AS MAY
BE DEEMED EXPEDIENT OR NECESSARY BY THE PARTY IN ITS SOLE DISCRETION.
EXECUTIVE
ACKNOWLEDGES THAT MONEY DAMAGES WOULD NOT BE A SUFFICIENT REMEDY FOR ANY BREACH
OF THIS AGREEMENT BY EXECUTIVE AND THAT EMPLOYER SHALL BE ENTITLED TO SPECIFIC
PERFORMANCE AND INJUNCTIVE RELIEF AS REMEDIES FOR ANY SUCH BREACH, IN ADDITION
TO ALL OTHER REMEDIES AVAILABLE AT LAW OR EQUITY TO EMPLOYER.
11.
ENFORCEABILITY. IF ANY PROVISION OF THIS AGREEMENT SHALL BE
INVALID OR UNENFORCEABLE, IN WHOLE OR IN PART, THEN SUCH PROVISION SHALL BE
DEEMED TO BE MODIFIED OR RESTRICTED TO THE EXTENT AND IN THE MANNER NECESSARY TO
RENDER THE SAME VALID AND ENFORCEABLE, OR SHALL BE DEEMED EXCISED FROM THIS
AGREEMENT, AS THE CASE MAY REQUIRE, AND THIS AGREEMENT SHALL BE CONSTRUED AND
ENFORCED TO THE MAXIMUM EXTENT PERMITTED BY LAW, AS IF SUCH PROVISION HAD BEEN
ORIGINALLY INCORPORATED HEREIN AS SO MODIFIED OR RESTRICTED, OR AS IF SUCH
PROVISION HAD NOT BEEN ORIGINALLY INCORPORATED HEREIN, AS THE CASE MAY BE;
PROVIDED, HOWEVER, THAT IF THE MODIFICATION OR RESTRICTION OF SOME PROVISION OF
THIS AGREEMENT DEPRIVES ANY PARTY HERETO OF THE SUBSTANTIAL BENEFIT OF HIS OR
ITS BARGAIN AS SET FORTH HEREIN, THEN SUCH MODIFICATION OR RESTRICTION SHALL BE
DEEMED INEFFECTIVE.
8
12.
EXECUTIVE'S ACKNOWLEDGMENT.
EXECUTIVE ACKNOWLEDGES THAT HE HAS
CAREFULLY READ THIS AGREEMENT AND THAT HE HAS EXECUTED IT VOLUNTARILY AND WITH
FULL KNOWLEDGE AND UNDERSTANDING OF ITS SIGNIFICANCE, MEANING AND BINDING
EFFECT.
EXECUTIVE FURTHER DECLARES THAT HE IS COMPETENT