OF THE PARTIES HERETO
SHALL HAVE THE RIGHT TO ASSIGN THIS AGREEMENT OR ANY RIGHTS OR OBLIGATIONS
HEREUNDER WITHOUT THE PRIOR WRITTEN CONSENT OF THE OTHER PARTY; PROVIDED,
HOWEVER, THAT THIS AGREEMENT SHALL INURE TO THE BENEFIT OR AND BE BINDING UPON
THE SUCCESSORS AND ASSIGNS OF THE COMPANY UPON ANY SALE OF ALL OR SUBSTANTIALLY
ALL OF THE COMPANY'S ASSETS, OR UPON ANY MERGER OR CONSOLIDATION OF THE COMPANY
WITH OR INTO ANY OTHER CORPORATION, ALL AS THOUGH SUCH SUCCESSORS AND ASSIGNS OF
THE COMPANY AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS WERE THE COMPANY.
INSOFAR AS THE EXECUTIVE IS CONCERNED, THIS AGREEMENT, BEING PERSONAL, CANNOT BE
ASSIGNED; PROVIDED, HOWEVER, THAT THIS AGREEMENT SHALL BE BINDING UPON AND INURE
TO THE BENEFIT OF THE EXECUTIVE AND HIS EXECUTORS, ADMINISTRATORS AND LEGAL
REPRESENTATIVES.
(G)
COUNTERPARTS. THIS AGREEMENT MAY BE EXECUTED IN COUNTERPARTS, EACH
OF WHICH SHALL BE AN ORIGINAL, BUT TOGETHER SHALL CONSTITUTE ONE AND THE SAME
INSTRUMENT.
(H)
HEADINGS. THE HEADINGS AND CAPTIONS SET FORTH IN THIS AGREEMENT
ARE FOR EASE OF REFERENCE ONLY AND SHALL NOT BE DEEMED TO CONSTITUTE A PART OF
THE AGREEMENT FORMED HEREBY OR BE RELEVANT TO THE INTERPRETATION OF ANY
PROVISIONS OF THIS AGREEMENT.
(I)
SURVIVABILITY. THE PROVISIONS OF THIS AGREEMENT SHALL SURVIVE THE
TERMINATION OR EXPIRATION OF THIS AGREEMENT.
[SIGNATURE PAGES BEGIN ON THE FOLLOWING PAGE]
4
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the
date first above written.
ACTIVISION, INC.
By:
/s/ Robert J. Morgado
Name: Robert Morgado
Title: Director
/s/ Robert A. Kotick
Robert A. Kotick