Enforceability: If any portion of this Agreement is unenforceable, the remaining
portions of the agreement will remain enforceable and the unenforceable
provisions, if any, shall be read down and modified to the maximum term that is
enforceable under applicable law.
Fees and Costs: Regardless of any law to the contrary, if litigation is
commenced concerning Employee's employment, termination of employment or this
Agreement, parties shall bear their own attorneys' fees and expenses, court
costs, experts' fees and expenses, and all other expenses of litigation.
409A Compliance: The benefits provided under this Agreement are intended to
comply with, or be exempted from, the applicable requirements of Section 409A of
the Internal Revenue Code of 1986, as amended (the "Code") and the rules and
regulations issued thereunder and shall be administered accordingly. This
Agreement may be amended without the consent of the Employee in any respect
deemed by Apache to be necessary in order to preserve compliance with, or
exemption from, Code section 409A.
Assignment: Employee may not assign this Agreement without Apache's express
written consent.
EMPLOYEE UNDERSTANDS THAT THIS AGREEMENT IS A FINAL AND BINDING WAIVER OF ANY
AND ALL CLAIMS OF EMPLOYEE AGAINST THE RELEASED PARTIES, INCLUDING CLAIMS FOR
AGE DISCRIMINATION UNDER THE AGE DISCRIMINATION IN EMPLOYMENT ACT AND CLAIMS FOR
SEX, RACE OR OTHER DISCRIMINATION UNDER TITLE VII OF THE CIVIL RIGHTS ACT OF
1964.
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THE ONLY PROMISES MADE TO CAUSE EMPLOYEE TO SIGN THIS AGREEMENT ARE THOSE STATED
IN THIS AGREEMENT.
EMPLOYEE ACKNOWLEDGES THAT EMPLOYEE HAS BEEN INFORMED BY APACHE TO CONSULT WITH
HIS/HER OWN ATTORNEY PRIOR TO SIGNING THIS AGREEMENT.
EMPLOYEE REPRESENTS THAT THIS AGREEMENT HAS BEEN FULLY EXPLAINED BY EMPLOYEE'S
ATTORNEY OR THAT EMPLOYEE HAS WAIVED CONSULTATION WITH AN ATTORNEY, CONTRARY TO
APACHE'S RECOMMENDATION.
EMPLOYEE HAS BEEN ADVISED AND UNDERSTANDS THAT THE OFFER OF BENEFITS CONTAINED
IN THIS AGREEMENT SHALL REMAIN OPEN ONLY UNTIL AUGUST 14, 2018. IF EMPLOYEE HAS
NOT FULLY EXECUTED AND RETURNED THIS AGREEMENT BY THAT DATE, THE OFFER HEREIN OF
BENEFITS IS AUTOMATICALLY WITHDRAWN WITHOUT FURTHER ACTION BY APACHE EFFECTIVE
AS OF SUCH DATE.
EMPLOYEE ACKNOWLEDGES THAT EMPLOYEE HAS THE RIGHT TO REVOKE THIS AGREEMENT FOR 7
DAYS AFTER SIGNING IT. THIS AGREEMENT WILL NOT BE EFFECTIVE UNTIL THAT TIME FOR
REVOCATION HAS PASSED.
EMPLOYEE REPRESENTS THAT HE/SHE HAS CAREFULLY READ AND FULLY UNDERSTANDS THIS
AGREEMENT AND THAT HE/SHE HAS ENTERED INTO AND EXECUTED THIS AGREEMENT KNOWINGLY
AND WITHOUT DURESS OR COERCION FROM APACHE OR ANY OTHER PERSON OR SOURCE.
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EMPLOYEE
APACHE CORPORATION
/s/ W. Kregg Olson
/s/ Dominic J. Ricotta
W. Kregg Olson
Dominic J. Ricotta
STATE OF TEXAS
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§
COUNTY OF HARRIS
§
The foregoing Employee Release and Settlement Agreement was acknowledged before
me this 25 day of July, 2018, by W. Kregg Olson.
/s/ Christina K. Oelsen
NOTARY PUBLIC
My commission expires:
SEAL Christina Oelsen
Notary Public, State of Texas
Comm. Expires 06-08-2021
Notary ID 12933863-4
STATE OF TEXAS
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§
COUNTY OF HARRIS
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The foregoing Employee Release and Settlement Agreement