WITH SUCH EXPRESS MAIL COURIER DULY ADDRESSED TO WHOM SUCH
NOTICE OR COMMUNICATION IS TO BE GIVEN, IN THE CASE OF (A) THE COMPANY, 5171
CLARETON DRIVE, AGOURA HILLS, CALIFORNIA 91301, ATTENTION: GENERAL COUNSEL, OR
(B) TO YOU, TO THE ADDRESS OF RECORD PROVIDED BY YOU TO THE DTS HUMAN RESOURCES
DEPARTMENT.
EITHER PARTY MAY CHANGE THEIR ADDRESS FOR PURPOSE OF THIS
SECTION BY GIVING TO THE PARTY INTENDED TO BE BOUND THEREBY, IN THE MANNER
PROVIDED HEREIN, A WRITTEN NOTICE OF SUCH CHANGE.
YOU AGREE TO PROMPTLY UPDATE
THE HUMAN RESOURCES DEPARTMENT WITH ANY CHANGES TO YOUR CONTACT INFORMATION.
11.3
COUNTERPARTS.
THIS INSTRUMENT MAY BE EXECUTED IN
ONE OR MORE COUNTERPARTS, EACH OF WHICH SHALL BE DEEMED AN ORIGINAL, BUT ALL OF
WHICH TOGETHER SHALL CONSTITUTE ONE AND THE SAME AGREEMENT.
THE PARTIES AGREE
THAT A SIGNATURE DELIVERED BY FACSIMILE TRANSMISSION WILL BE TREATED IN ALL
RESPECTS AS HAVING THE SAME EFFECT AS AN ORIGINAL SIGNATURE.
11.4
CONSTRUCTION OF AGREEMENT.
THIS AGREEMENT SHALL
BE CONSTRUED IN ACCORDANCE WITH, AND GOVERNED BY, THE INTERNAL LAWS OF THE STATE
OF CALIFORNIA.
11.5
SEVERABILITY.
IF FOR ANY REASON ANY TERM OR
PROVISION OF THIS AGREEMENT IS HELD TO BE INVALID OR UNENFORCEABLE, ALL OTHER
VALID TERMS AND PROVISIONS HEREOF SHALL REMAIN IN FULL FORCE AND EFFECT, AND ALL
OF THE TERMS AND PROVISIONS OF THIS AGREEMENT SHALL BE DEEMED TO BE SEVERABLE IN
NATURE.
IF FOR ANY REASON ANY TERM OR PROVISION CONTAINING A RESTRICTION SET
FORTH HEREIN IS HELD TO COVER AN AREA OR TO BE FOR A LENGTH OF TIME WHICH IS
UNREASONABLE, OR IN ANY OTHER WAY IS CONSTRUED TO BE TOO BROAD OR TO ANY EXTENT
INVALID, SUCH TERM OR PROVISION SHALL NOT BE DETERMINED TO BE NULL, VOID AND OF
NO EFFECT, BUT TO THE EXTENT THE SAME IS OR WOULD BE VALID OR ENFORCEABLE UNDER
APPLICABLE LAW, ANY COURT OF COMPETENT JURISDICTION SHALL CONSTRUE AND INTERPRET
OR REFORM THIS AGREEMENT TO PROVIDE FOR A RESTRICTION HAVING THE MAXIMUM
ENFORCEABLE AREA, TIME
6
PERIOD AND OTHER PROVISIONS (NOT GREATER THAN THOSE CONTAINED HEREIN) AS SHALL
BE VALID AND ENFORCEABLE UNDER APPLICABLE LAW.
11.6
COMPLETE AGREEMENT.
THIS INSTRUMENT, TOGETHER
WITH THE DOCUMENTS REFERENCED IN THIS AGREEMENT, CONSTITUTES AND CONTAINS THE
ENTIRE AGREEMENT AND UNDERSTANDING CONCERNING YOUR EMPLOYMENT AND THE OTHER
SUBJECT MATTERS ADDRESSED IN THIS AGREEMENT BETWEEN YOU AND THE COMPANY, AND
SUPERSEDES AND REPLACES ALL PRIOR NEGOTIATIONS AND ALL AGREEMENTS PROPOSED OR
OTHERWISE, WHETHER WRITTEN OR ORAL, CONCERNING THE SUBJECT MATTERS HEREOF.
THIS
IS AN INTEGRATED DOCUMENT.
11.7
THIRD PARTY BENEFICIARIES.
THIS AGREEMENT DOES
NOT CREATE, AND SHALL NOT BE CONSTRUED AS CREATING, ANY RIGHTS ENFORCEABLE BY
ANY PERSON NOT A PARTY TO THIS AGREEMENT, EXCEPT AS EXPRESSLY CONTEMPLATED
HEREIN.
11.8
NON-TRANSFERABILITY OF INTEREST.
NONE OF THE
RIGHTS OF EMPLOYEE TO RECEIVE ANY FORM OF COMPENSATION PAYABLE PURSUANT TO THIS
AGREEMENT SHALL BE ASSIGNABLE OR TRANSFERABLE EXCEPT THROUGH A TESTAMENTARY
DISPOSITION OR BY THE LAWS OF DESCENT AND DISTRIBUTION UPON THE DEATH OF
EMPLOYEE.
ANY ATTEMPTED