TO LIVE, ALL SUCH AMOUNTS, UNLESS OTHERWISE PROVIDED HEREIN, SHALL BE
PAID IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT TO HIS DEVISEE, LEGATEE OR
OTHER DESIGNEE OR, IF THERE IS NO SUCH DESIGNEE, TO HIS ESTATE.
8.
NOTICE.
FOR THE PURPOSE OF THIS AGREEMENT, NOTICES AND ALL OTHER
COMMUNICATIONS PROVIDED FOR IN THE AGREEMENT SHALL BE IN WRITING AND SHALL BE
DEEMED TO HAVE BEEN DULY GIVEN WHEN DELIVERED OR MAILED BY UNITED STATES
REGISTERED MAIL, RETURN RECEIPT REQUESTED, POSTAGE PREPAID, ADDRESSED TO THE
RESPECTIVE ADDRESSES SET FORTH BELOW, OR TO SUCH OTHER ADDRESS AS EITHER PARTY
MAY HAVE FURNISHED TO THE OTHER IN WRITING IN ACCORDANCE HEREWITH, EXCEPT THAT
NOTICE OF CHANGE OF ADDRESS SHALL BE EFFECTIVE ONLY UPON RECEIPT:
If to Employer or GlobalSCAPE, to:
GlobalSCAPE, Inc.
Attn:
Board of Directors and President
6000 Northwest Parkway, Suite 100
San Antonio, Texas
78249
Facsimile: (210) 690-8824
If to Employee, to Employee's last known address appearing on Employer's records
9.
MISCELLANEOUS.
NO PROVISION OF THIS AGREEMENT SHALL BE MODIFIED,
WAIVED OR DISCHARGED UNLESS SUCH WAIVER, MODIFICATION OR DISCHARGE IS AGREED TO
IN WRITING AND SIGNED BY EMPLOYEE AND SUCH OFFICER AS MAY BE SPECIFICALLY
DESIGNATED BY THE BOARD.
NO WAIVER BY EITHER PARTY HERETO AT ANY TIME OF ANY
BREACH BY THE OTHER PARTY HERETO OF, OR COMPLIANCE WITH, ANY CONDITION OR
PROVISION OF THIS AGREEMENT TO BE PERFORMED BY SUCH OTHER PARTY SHALL BE DEEMED
A WAIVER OF SIMILAR OR DISSIMILAR PROVISIONS OR CONDITIONS AT THE SAME OR AT ANY
PRIOR OR SUBSEQUENT TIME.
NO AGREEMENTS OR REPRESENTATIONS, ORAL OR OTHERWISE,
EXPRESS OR IMPLIED, WITH RESPECT TO THE SUBJECT MATTER HEREOF HAVE BEEN MADE BY
EITHER PARTY WHICH ARE NOT EXPRESSLY SET FORTH IN THIS AGREEMENT.
WHENEVER THE
CONTEXT REQUIRES, THE GENDER OF ALL WORDS USED IN THIS AGREEMENT SHALL INCLUDE
THE MASCULINE, FEMININE AND NEUTER AND THE NUMBER OF ALL WORDS SHALL INCLUDE THE
SINGULAR AND PLURAL. THE VALIDITY, INTERPRETATION, CONSTRUCTION AND PERFORMANCE
OF THIS AGREEMENT SHALL BE GOVERNED BY THE LAWS OF THE STATE OF TEXAS.
10.
VALIDITY.
THE INVALIDITY OR UNENFORCEABILITY OF ANY PROVISION OF
THIS AGREEMENT SHALL NOT AFFECT THE VALIDITY OR ENFORCEABILITY OF ANY OTHER
PROVISION OF THIS AGREEMENT, WHICH SHALL REMAIN IN FULL FORCE AND EFFECT.
11.
COUNTERPARTS.
THIS AGREEMENT MAY BE EXECUTED IN SEVERAL
COUNTERPARTS, EACH OF WHICH SHALL BE DEEMED TO BE AN ORIGINAL BUT ALL OF WHICH
TOGETHER WILL CONSTITUTE ONE AND THE SAME INSTRUMENT.
7
12.
ARBITRATION.
THIS AGREEMENT IS SUBJECT TO ARBITRATION UNDER THE
FEDERAL ARBITRATION ACT.
EMPLOYEE, THE COMPANY AND GLOBALSCAPE AGREE THAT THE
EXCLUSIVE METHOD OF RESOLVING ANY DISPUTE RELATING TO THIS AGREEMENT, THE
EMPLOYMENT RELATIONSHIP BETWEEN EMPLOYEE AND THE COMPANY, THE FULFILLMENT OF
OBLIGATIONS UNDER THIS AGREEMENT, THE ENFORCEABILITY OF THIS AGREEMENT, OR ANY
OTHER DISPUTES BETWEEN THE PARTIES, SHALL BE BY BINDING ARBITRATION UNDER THE
EMPLOYMENT ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION, OR AS MAY
BE AGREED UPON BY EMPLOYEE, THE COMPANY AND GLOBALSCAPE IN WRITING.
JUDGMENT
MAY BE ENTERED ON