SECRET OR CONFIDENTIAL OR PROPRIETARY INFORMATION IN THE
COURSE OF MY EMPLOYMENT WITH THE COMPANY OR TO REFRAIN FROM COMPETING, DIRECTLY
OR INDIRECTLY, WITH THE BUSINESS OF SUCH PREVIOUS EMPLOYER OR ANY OTHER PARTY. I
FURTHER REPRESENT THAT MY PERFORMANCE OF ALL THE TERMS OF THIS AGREEMENT AS AN
EMPLOYEE OF THE COMPANY DOES NOT AND WILL NOT BREACH ANY AGREEMENT TO KEEP IN
CONFIDENCE PROPRIETARY INFORMATION, KNOWLEDGE OR DATA ACQUIRED BY ME IN
CONFIDENCE OR IN TRUST PRIOR TO MY EMPLOYMENT WITH THE COMPANY. I WILL NOT
DISCLOSE TO THE COMPANY OR INDUCE THE COMPANY TO USE ANY CONFIDENTIAL OR
PROPRIETARY INFORMATION OR MATERIAL BELONGING TO ANY PREVIOUS EMPLOYER OR
OTHERS.
10.
REMEDIES UPON BREACH.
I UNDERSTAND THAT THE RESTRICTIONS CONTAINED
IN THIS AGREEMENT ARE NECESSARY FOR THE PROTECTION OF THE BUSINESS AND GOODWILL
OF THE COMPANY AND I CONSIDER THEM TO BE REASONABLE FOR SUCH PURPOSE. I
ACKNOWLEDGE THAT, PARTICULARLY IN LIGHT OF MY POSITION AND ACCESS WITHIN THE
FIRM, ANY VIOLATION OF THESE RESTRICTIONS WILL SUBSTANTIALLY HARM THE FIRM THAT
I HAVE JOINED TO HELP BUILD. ANY BREACH OF THIS AGREEMENT IS LIKELY TO CAUSE THE
COMPANY SUBSTANTIAL AND IRREVOCABLE DAMAGE AND THEREFORE, IN THE EVENT OF SUCH
BREACH, THE COMPANY, IN ADDITION TO SUCH OTHER REMEDIES WHICH MAY BE AVAILABLE
(INCLUDING, WITHOUT LIMITATION AND IF APPLICABLE, THE RIGHT TO RECOVER FROM ME
ANY BONUS MONIES PREVIOUSLY PAID TO ME THAT ARE SUBJECT TO REPAYMENT TO THE
COMPANY UPON BREACH OF THIS AGREEMENT), WILL BE ENTITLED TO SPECIFIC PERFORMANCE
AND OTHER INJUNCTIVE RELIEF.
11.
USE OF VOICE, IMAGE AND LIKENESS.
I GIVE THE COMPANY PERMISSION TO
USE MY VOICE, IMAGE OR LIKENESS, WITH OR WITHOUT USING MY NAME, FOR THE PURPOSES
OF ADVERTISING AND PROMOTING THE COMPANY, OR FOR OTHER PURPOSES DEEMED
APPROPRIATE BY THE COMPANY IN ITS REASONABLE DISCRETION, EXCEPT TO THE EXTENT
EXPRESSLY PROHIBITED BY LAW.
12.
PUBLICATIONS AND PUBLIC STATEMENTS. TO ENSURE THAT THE COMPANY
DELIVERS A CONSISTENT MESSAGE ABOUT ITS PRODUCTS, SERVICES AND OPERATIONS TO THE
PUBLIC, AND FURTHER IN RECOGNITION THAT EVEN POSITIVE STATEMENTS MAY HAVE A
DETRIMENTAL EFFECT ON THE COMPANY IN CERTAIN SECURITIES TRANSACTIONS AND OTHER
CONTEXTS, ANY STATEMENT ABOUT THE COMPANY, OR ANY MATERIAL THAT RELATES TO MY
WORK AT THE COMPANY AND/OR INCORPORATES ANY PROPRIETARY INFORMATION, THAT I SEEK
TO CREATE, PUBLISH OR POST DURING MY PERIOD OF EMPLOYMENT, ON ANY MEDIA
ACCESSIBLE BY THE PUBLIC, INCLUDING, BUT NOT LIMITED TO, ELECTRONIC BULLETIN
BOARDS AND INTERNET-BASED CHAT ROOMS, SHALL BE CREATED, PUBLISHED OR POSTED ONLY
IN ACCORDANCE WITH POLICIES AND PROCEDURES ESTABLISHED BY THE COMPANY.
13.
NO EMPLOYMENT OBLIGATION. I UNDERSTAND THAT THIS AGREEMENT DOES NOT
CREATE AN OBLIGATION ON THE COMPANY OR ANY OTHER PERSON TO CONTINUE MY
EMPLOYMENT. I ACKNOWLEDGE THAT, UNLESS OTHERWISE AGREED IN A FORMAL WRITTEN
EMPLOYMENT AGREEMENT SIGNED ON BEHALF OF THE COMPANY BY AN AUTHORIZED OFFICER,
MY EMPLOYMENT WITH THE COMPANY IS AT WILL AND THEREFORE MAY BE TERMINATED BY THE
COMPANY OR ME AT ANY TIME AND FOR ANY REASON.
14.