OF THE STATE OF NEW JERSEY.
ANY ACTION RELATING TO THIS AGREEMENT OR THE EMPLOYMENT AGREEMENT SHALL BE
BROUGHT IN STATE COURT IN BURLINGTON COUNTY, NEW JERSEY, OR IN FEDERAL COURT FOR
THE DISTRICT OF NEW JERSEY.
(D)
WAIVER.
NO CLAIM OR RIGHT ARISING OUT OF A BREACH OR DEFAULT
UNDER THIS AGREEMENT CAN BE DISCHARGED BY A WAIVER OF THAT CLAIM OR RIGHT UNLESS
THE WAIVER IS IN WRITING SIGNED BY THE PARTY HERETO TO BE BOUND BY SUCH WAIVER.
A WAIVER BY ANY PARTY HERETO OF A BREACH OR DEFAULT BY ANOTHER PARTY OF ANY
PROVISION OF THIS AGREEMENT SHALL NOT BE DEEMED A WAIVER OF FUTURE COMPLIANCE
THEREWITH AND SUCH PROVISION SHALL REMAIN IN FULL FORCE AND EFFECT.
(E)
NOTICES.
ALL NOTICES, REQUESTS, DEMANDS AND OTHER COMMUNICATIONS
REGARDING THIS AGREEMENT SHALL BE IN WRITING AND DELIVERED IN PERSON OR SENT BY
REGISTERED OR CERTIFIED U.S.
MAIL, POSTAGE PREPAID, RETURN RECEIPT REQUESTED,
AND PROPERLY ADDRESSED AS FOLLOWS:
To MEDQUIST:
MedQuist Inc.
1000 Bishops Gate Boulevard
Suite 300
Mt. Laurel, NJ 08054-4632
Attention: General Counsel
To LAVELLE:
Frank W. Lavelle
4 Iddings Lane
Newtown Square, PA 19073
16.
ENTIRE AGREEMENT/AMENDMENT.
THE PARTIES HERETO AGREE THAT THIS
AGREEMENT AND THOSE PROVISIONS OF THE EMPLOYMENT AGREEMENT THAT SURVIVE ITS
EXPIRATION CONSTITUTES THE ENTIRE AGREEMENT BETWEEN LAVELLE AND MEDQUIST, AND
THAT NEITHER MAY BE MODIFIED EXCEPT BY WRITTEN DOCUMENT, SIGNED BY THE PARTIES
HERETO.
17.
KNOWING AND VOLUNTARY ACTION.
LAVELLE ACKNOWLEDGES THAT HE
RECEIVED THIS AGREEMENT ON MAY 14, 2007 AND HAS CONSULTED AN ATTORNEY BEFORE
SIGNING THIS AGREEMENT.
LAVELLE FURTHER REPRESENTS AND WARRANTS THAT HE HAS
READ THIS AGREEMENT, HAS BEEN GIVEN A PERIOD OF AT LEAST TWENTY ONE (21) DAYS TO
CONSIDER THE AGREEMENT; UNDERSTANDS ITS MEANING AND APPLICATION; AND IS SIGNING
OF HIS OWN FREE WILL WITH THE INTENT OF BEING BOUND BY IT.
IF LAVELLE ELECTS TO
SIGN THIS AGREEMENT PRIOR TO THE EXPIRATION OF TWENTY ONE (21) DAYS, HE HAS DONE
SO VOLUNTARILY AND KNOWINGLY.
18.
REVOCATION OF AGREEMENT.
LAVELLE FURTHER ACKNOWLEDGES THAT HE MAY
REVOKE THIS AGREEMENT AT ANY TIME WITHIN A PERIOD OF SEVEN (7) DAYS FOLLOWING
THE DATE HE SIGNS THE AGREEMENT.
NOTICE OF REVOCATION SHALL BE MADE IN WRITING,
SENT VIA REGISTERED OR CERTIFIED U.S.
MAIL, POSTAGE PREPAID, RETURN RECEIPT
REQUESTED AND PROPERLY ADDRESSED TO MEDQUIST IN ACCORDANCE WITH PARAGRAPH 15
ABOVE.
SUCH REVOCATION MUST BE RECEIVED BY MEDQUIST BY THE CLOSE OF BUSINESS OF
THE FIRST DAY FOLLOWING THE END OF THE SEVEN-DAY REVOCATION PERIOD.
THIS
AGREEMENT SHALL NOT BECOME EFFECTIVE UNTIL AFTER THE TIME PERIOD FOR REVOCATION
HAS EXPIRED.
THIS SPACE LEFT INTENTIONALLY BLANK
IN WITNESS WHEREOF, the parties have executed and agreed to this Agreement
consisting of
six (6) pages.
FRANK W. LAVELLE
/s/ Frank W. Lavelle
Date: June 17, 2007
MEDQUIST INC.
By:
/s/ Howard Hoffmann
Title: CEO
Date: June 28, 2007