FEES OR COSTS.
7.
EXCLUSION FOR CERTAIN CLAIMS.
LAVELLE AND MEDQUIST UNDERSTAND
AND AGREE THAT THE RELEASE IN PARAGRAPH 6 SHALL NOT APPLY TO ANY CLAIMS,
INCLUDING ANY CLAIMS UNDER ADEA, ARISING AFTER THE EFFECTIVE DATE OF THIS
AGREEMENT, NOR SHALL ANYTHING HEREIN PREVENT ANY PARTY FROM INSTITUTING ANY
ACTION TO ENFORCE THE TERMS OF THIS AGREEMENT.
8.
EXCLUSION OF FILING EEOC CHARGES/WAIVER OF INDIVIDUAL RECOVERY.
LAVELLE AND MEDQUIST UNDERSTAND AND AGREE THAT NOTHING IN THIS AGREEMENT SHALL
PREVENT LAVELLE FROM FILING A CHARGE WITH THE EQUAL EMPLOYMENT OPPORTUNITY
COMMISSION ("EEOC"), OR FROM PARTICIPATING IN ANY EEOC INVESTIGATION OR
PROCEEDING; PROVIDED, HOWEVER, THAT LAVELLE WAIVES ANY AND ALL RIGHTS TO RECOVER
ANY INDIVIDUAL DAMAGES OR RELIEF IN CONNECTION WITH ANY EEOC INVESTIGATION OR
PROCEEDING.
9.
DISCLOSURE OF ANY MATERIAL INFORMATION.
AS OF THE DATE LAVELLE
SIGNS THIS AGREEMENT, LAVELLE REPRESENTS AND WARRANTS THAT HE HAS DISCLOSED TO
MEDQUIST ANY INFORMATION IN HIS POSSESSION CONCERNING ANY CONDUCT INVOLVING
MEDQUIST THAT HE HAS ANY REASON TO BELIEVE MAY BE UNLAWFUL, VIOLATES ANY
MEDQUIST POLICY OR WOULD OTHERWISE REFLECT POORLY ON MEDQUIST IN ANY RESPECT.
10.
DUTY TO COOPERATE.
LAVELLE UNDERSTANDS AND AGREES THAT HE SHALL
COOPERATE FULLY WITH MEDQUIST REGARDING ANY MATTER, INCLUDING, BUT NOT LIMITED
TO, ANY LITIGATION, INVESTIGATION, GOVERNMENTAL PROCEEDING OR INTERNAL MEDQUIST
REVIEW, WHICH RELATES TO ANY MATTER IN WHICH LAVELLE WAS INVOLVED OR CONCERNING
WHICH MEDQUIST REASONABLY DETERMINES LAVELLE MAY HAVE RESPONSIVE OR RELEVANT
INFORMATION.
LAVELLE FURTHER UNDERSTANDS AND AGREES THAT SUCH COOPERATION
INCLUDES, BUT IS NOT LIMITED TO, FULL DISCLOSURE OF ALL RELEVANT INFORMATION;
TRUTHFULLY TESTIFYING AND/OR ANSWERING QUESTIONS; AND MAKING HIMSELF REASONABLY
AVAILABLE FOR INTERVIEWS, DEPOSITIONS OR COURT APPEARANCES IN CONNECTION WITH
ANY SUCH LITIGATION, INVESTIGATION, PROCEEDING OR INTERNAL MEDQUIST REVIEW.
LAVELLE UNDERSTANDS AND AGREES THAT HE SHALL RENDER ANY SUCH COOPERATION IN A
TIMELY MANNER AND AT SUCH TIMES AND PLACES AS MAY BE MUTUALLY AGREEABLE TO
LAVELLE AND MEDQUIST.
UPON SUBMISSION OF APPROPRIATE DOCUMENTATION, MEDQUIST
SHALL REIMBURSE LAVELLE FOR REASONABLE TRAVEL, LODGING, MEALS, AND
TELECOMMUNICATIONS EXPENSES INCURRED BY LAVELLE IN CONNECTION WITH HIS
COMPLIANCE WITH THIS PARAGRAPH.
EXCEPT AS MAY BE PROHIBITED BY OPERATION OF
LAW, LAVELLE UNDERSTANDS AND AGREES THAT HE SHALL IMMEDIATELY NOTIFY MEDQUIST IF
HE IS CONTACTED FOR AN INTERVIEW OR RECEIVES A SUBPOENA OR REQUEST FOR
INFORMATION IN ANY MATTER RELATED TO OR CONCERNING HIS EMPLOYMENT WITH
MEDQUIST.
LAVELLE FURTHER UNDERSTANDS AND AGREES THAT HE WILL NOT INITIATE ANY
COMMUNICATION OR RESPOND TO ANY INQUIRY WITH A MEMBER OF THE PRESS REGARDING HIS
EMPLOYMENT WITH MEDQUIST, AND WILL REFER ANY SUCH INQUIRY TO MEDQUIST.
11.
RETURN OF PROPERTY.
LAVELLE REPRESENTS AND WARRANTS THAT AS OF
THE DATE HE SIGNS THIS AGREEMENT HE HAS RETURNED ALL PROPERTY OF MEDQUIST,
REGARDLESS OF THE TYPE OR MEDIUM (I.E., HARD OR FLASH DRIVE, COMPUTER DISK,
CD-ROM, DVD-ROM) UPON WHICH IT IS MAINTAINED, INCLUDING, BUT NOT LIMITED TO, ALL
CUSTOMER LISTS, VENDOR LISTS, BUSINESS PLANS AND STRATEGIES, FINANCIAL DATA OR
REPORTS, MEMORANDA, CORRESPONDENCE, SOFTWARE, CONTRACT TERMS, COMPENSATION AND
COMMISSION PLANS, AND ANY OTHER DOCUMENTS