10.
RETURN OF DOCUMENTS AND COMPANY PROPERTY.
IN THE EVENT OF THE
TERMINATION OF THE EXECUTIVE'S EMPLOYMENT FOR ANY REASON, THE EXECUTIVE WILL
11
PROMPTLY DELIVER TO THE COMPANY ALL NON-PERSONAL DOCUMENTS AND DATA OF ANY
NATURE AND IN WHATEVER MEDIUM PERTAINING TO THE EXECUTIVE'S EMPLOYMENT WITH THE
COMPANY, OR ANY OF ITS SUBSIDIARIES OR AFFILIATES, (FOR WHICH PURPOSE, THE
EXECUTIVE'S ROLODEX OR OTHER ADDRESS BOOK SHALL BE CONSIDERED PERSONAL) OR ANY
OTHER PROPERTY OF THE COMPANY OR ANY OF ITS SUBSIDIARIES OR AFFILIATES AND HE
WILL NOT TAKE WITH HIM ANY SUCH PROPERTY, DOCUMENTS OR DATA OF ANY DESCRIPTION
OR ANY REPRODUCTION THEREOF, OR ANY DOCUMENTS CONTAINING OR PERTAINING TO ANY
PROPRIETARY INFORMATION.
11.
ENFORCEMENT OF COVENANTS.
(A)
INJUNCTIVE RELIEF.
EXECUTIVE ACKNOWLEDGES AND AGREES THAT THE
COVENANTS, OBLIGATIONS AND AGREEMENTS OF THE EXECUTIVE CONTAINED IN SECTIONS 6,
7, 8, 9 AND 10 RELATE TO SPECIAL, UNIQUE AND EXTRAORDINARY MATTERS AND THAT A
VIOLATION OF ANY OF THE TERMS OF SUCH COVENANTS, OBLIGATIONS OR AGREEMENTS WILL
CAUSE THE COMPANY IRREPARABLE INJURY FOR WHICH ADEQUATE REMEDIES ARE NOT
AVAILABLE AT LAW.
THEREFORE, THE EXECUTIVE AGREES THAT THE COMPANY WILL BE
ENTITLED TO AN INJUNCTION, RESTRAINING ORDER OR SUCH OTHER EQUITABLE RELIEF
(WITHOUT THE REQUIREMENT TO POST BOND) AS A COURT OF COMPETENT JURISDICTION MAY
DEEM NECESSARY OR APPROPRIATE TO RESTRAIN THE EXECUTIVE FROM COMMITTING ANY
VIOLATION OF THE COVENANTS, OBLIGATIONS OR AGREEMENTS REFERRED TO IN THIS
SECTION 11(A).
THESE INJUNCTIVE REMEDIES ARE CUMULATIVE AND IN ADDITION TO ANY
OTHER RIGHTS AND REMEDIES THE COMPANY MAY HAVE.
THE COMPANY AND THE EXECUTIVE
HEREBY IRREVOCABLY SUBMIT TO THE EXCLUSIVE JURISDICTION OF THE COURTS OF THE
STATE OF THE CITY OF THE COMPANY'S HEADQUARTERS AND THE FEDERAL COURTS OF THE
UNITED STATES OF AMERICA, IN EACH CASE LOCATED IN (OR LOCATED NEAREST TO) THE
CITY OF THE COMPANY'S HEADQUARTERS, SOLELY IN RESPECT OF THE INJUNCTIVE REMEDIES
SET FORTH IN THIS SECTION 11(A) AND THE INTERPRETATION AND ENFORCEMENT OF
SECTIONS 6, 7, 8, 9, 10 AND 11 SOLELY INSOFAR AS SUCH INTERPRETATION AND
ENFORCEMENT RELATE TO AN APPLICATION FOR INJUNCTIVE RELIEF IN ACCORDANCE WITH
THE PROVISIONS OF THIS SECTION 11(A), AND THE PARTIES HERETO HEREBY IRREVOCABLY
AGREE THAT (I) THE SOLE AND EXCLUSIVE APPROPRIATE VENUE FOR ANY SUIT OR
PROCEEDING RELATING SOLELY TO SUCH INJUNCTIVE RELIEF SHALL BE IN SUCH A COURT,
(II) ALL CLAIMS WITH RESPECT TO ANY APPLICATION SOLELY FOR SUCH INJUNCTIVE
RELIEF SHALL BE HEARD AND DETERMINED EXCLUSIVELY IN SUCH A COURT, (III) ANY SUCH
COURT SHALL HAVE EXCLUSIVE JURISDICTION OVER THE PERSON OF SUCH PARTIES AND OVER
THE SUBJECT MATTER OF ANY DISPUTE RELATING TO AN APPLICATION SOLELY FOR SUCH
INJUNCTIVE RELIEF, AND (IV) EACH HEREBY WAIVES ANY AND ALL OBJECTIONS AND
DEFENSES BASED ON FORUM, VENUE OR PERSONAL OR SUBJECT MATTER JURISDICTION AS
THEY MAY RELATE TO AN APPLICATION SOLELY FOR SUCH INJUNCTIVE RELIEF IN A SUIT OR
PROCEEDING BROUGHT BEFORE SUCH A COURT IN ACCORDANCE WITH THE PROVISIONS OF THIS
SECTION 11(A).
(B)
FORFEITURE OF PAYMENTS.
EXECUTIVE AGREES