A WAIVER OF SIMILAR OR DISSIMILAR PROVISIONS OR CONDITIONS AT THE SAME OR AT ANY
PRIOR OR SUBSEQUENT TIME.
NO WAIVER OF ANY PROVISION OF THIS AGREEMENT SHALL BE
IMPLIED FROM ANY COURSE OF DEALING BETWEEN OR AMONG THE PARTIES HERETO OR FROM
ANY FAILURE BY ANY PARTY HERETO TO ASSERT ITS RIGHTS HEREUNDER ON ANY OCCASION
OR SERIES OF OCCASIONS.
(F)
SEVERABILITY.
IN THE EVENT THAT ANY ONE OR MORE OF THE
PROVISIONS OF THIS AGREEMENT SHALL BE OR BECOME INVALID, ILLEGAL OR
UNENFORCEABLE IN ANY RESPECT, THE VALIDITY, LEGALITY AND ENFORCEABILITY OF THE
REMAINING PROVISIONS CONTAINED HEREIN SHALL NOT BE AFFECTED THEREBY.
(G)
NOTICES.
ANY NOTICE OR OTHER COMMUNICATION REQUIRED OR PERMITTED
TO BE DELIVERED UNDER THIS AGREEMENT SHALL BE (I) IN WRITING, (II) DELIVERED
PERSONALLY, BY COURIER SERVICE OR BY CERTIFIED OR REGISTERED MAIL, FIRST CLASS
POSTAGE PREPAID AND RETURN RECEIPT REQUESTED, (III) DEEMED TO HAVE BEEN RECEIVED
ON THE DATE OF DELIVERY OR, IF SO MAILED, ON THE THIRD BUSINESS DAY AFTER THE
MAILING THEREOF, AND (IV) ADDRESSED AS FOLLOWS (OR TO SUCH OTHER ADDRESS AS THE
PARTY ENTITLED TO NOTICE SHALL HEREAFTER DESIGNATE IN WRITING TO THE OTHER PARTY
IN ACCORDANCE WITH THE TERMS HEREOF):
10
(A)
IF TO THE COMPANY, TO IT AT:
SIRVA, Inc.
700 Oakmont Lane
Westmont, IL 60559
Tel:
(630) 468-4743
Fax: (630) 570-3390
Attention: General Counsel
(B)
IF TO EXECUTIVE, TO HIM AT EXECUTIVE'S RESIDENTIAL ADDRESS AS
CURRENTLY ON FILE WITH THE COMPANY.
(H)
SURVIVAL.
THE COMPANY AND EXECUTIVE HEREBY AGREE THAT CERTAIN
PROVISIONS OF THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, SECTIONS 9 AND 10,
SHALL SURVIVE THE EXPIRATION OF THE EMPLOYMENT PERIOD IN ACCORDANCE WITH THEIR
TERMS.
(I)
CONDITIONS PRECEDENT.
NOTWITHSTANDING ANYTHING TO THE CONTRARY
CONTAINED IN THIS AGREEMENT, THIS AGREEMENT WILL NOT BECOME EFFECTIVE UNLESS AND
UNTIL THE COMPANY CONDUCTS AND EXECUTIVE COMPLETES TO COMPANY'S SATISFACTION,
THE COMPANY'S STANDARD AND CUSTOMARY DRUG SCREEN TESTS AND BACKGROUND CHECKS.
ONCE EXECUTIVE COMPLETES AND PASSES THE DRUG SCREEN TESTS AND BACKGROUND CHECKS,
THE COMMENCEMENT DATE OF THE AGREEMENT SHALL REMAIN THE EFFECTIVE DATE FIRST
STATED ABOVE.
(J)
FURTHER ASSURANCES.
EACH PARTY HERETO AGREES WITH THE OTHER
PARTY HERETO THAT IT WILL COOPERATE WITH SUCH OTHER PARTY AND WILL EXECUTE AND
DELIVER, OR CAUSE TO BE EXECUTED AND DELIVERED, ALL SUCH OTHER INSTRUMENTS AND
DOCUMENTS, AND WILL TAKE SUCH OTHER ACTIONS, AS SUCH OTHER PARTIES MAY
REASONABLY REQUEST FROM TIME TO TIME TO EFFECTUATE THE PROVISIONS AND PURPOSE OF
THIS AGREEMENT.
(K)
COUNTERPARTS.
THIS AGREEMENT MAY BE EXECUTED IN COUNTERPARTS,
EACH OF WHICH SHALL BE DEEMED AN ORIGINAL AND ALL OF WHICH TOGETHER SHALL
CONSTITUTE ONE AND THE SAME INSTRUMENT.
THE PARTIES HERETO AGREE TO ACCEPT A
SIGNED FACSIMILE COPY OF THIS AGREEMENT AS A FULLY BINDING ORIGINAL.
(L)
HEADINGS.
THE SECTION AND OTHER HEADINGS CONTAINED IN THIS
AGREEMENT ARE FOR THE CONVENIENCE OF THE PARTIES ONLY AND ARE NOT INTENDED TO BE
A PART HEREOF OR TO AFFECT THE MEANING OR INTERPRETATION HEREOF.
- Signature page follows -
11