IT.
9.
NON-DISPARAGEMENT.
IN ADDITION TO ANY OTHER NON-DISPARAGEMENT
AGREEMENT TO WHICH I MAY BE BOUND, I EXPRESSLY AGREE THAT I WILL NOT IN ANY WAY
DISPARAGE OR OTHERWISE CAUSE TO BE PUBLISHED OR DISSEMINATED ANY NEGATIVE
STATEMENTS, REMARKS, COMMENTS OR INFORMATION REGARDING IT&E OR ANY RELEASEE.
10.
GENERAL.
I ACKNOWLEDGE THAT I HAVE CAREFULLY READ AND FULLY
UNDERSTAND THE NATURE OF THIS AGREEMENT, THAT I HAVE BEEN ADVISED TO CONSULT
WITH AN ATTORNEY OF MY CHOOSING BEFORE EXECUTING THIS AGREEMENT, THAT I HAVE HAD
THE OPPORTUNITY TO CONSIDER THIS AGREEMENT, AND THAT ALL OF MY QUESTIONS
CONCERNING THIS AGREEMENT HAVE BEEN ANSWERED TO MY SATISFACTION.
I ALSO AGREE
THAT ANY RULE OF CONSTRUCTION TO THE EFFECT THAT AMBIGUITIES ARE TO BE RESOLVED
AGAINST THE DRAFTING PARTY WILL NOT APPLY IN THE INTERPRETATION OF THIS
AGREEMENT.
THE PROVISIONS OF THIS AGREEMENT TOGETHER WITH THE APPLICABLE
PROVISIONS OF THE EMPLOYMENT AGREEMENT AND EXHIBITS THERETO, SET FORTH THE
ENTIRE AGREEMENT BETWEEN ME AND EMPLOYER CONCERNING MY EMPLOYMENT WITH THE SAME,
MY SEVERANCE PAY AND BENEFITS AND MY TERMINATION OF EMPLOYMENT.
ANY OTHER
PROMISES, WRITTEN OR ORAL, ARE REPLACED BY PROVISION OF THIS AGREEMENT, AND ARE
NO LONGER EFFECTIVE UNLESS THEY ARE CONTAINED IN THIS DOCUMENT OR ARE EXPRESSLY
DEEMED TO SURVIVE THE TERMINATION OF MY EMPLOYMENT WITH IT&E IN ACCORDANCE WITH
THE TERMS OF THE WRITTEN DOCUMENT IN WHICH THEY ARE CONTAINED.
I ACKNOWLEDGE
THAT I HAVE RECEIVED ALL COMPENSATION TO WHICH I AM CURRENTLY ENTITLED THROUGH
MY SEPARATION DATE, INCLUDING, WITHOUT LIMITATION, SALARY, BONUSES AND VACATION
PAY.
11.
ATTORNEYS FEES.
IF ANY PROCEEDING OR ACTION IS BROUGHT BY EITHER
PARTY TO ENFORCE OR INTERPRET THE TERMS OF THIS AGREEMENT, THE PREVAILING PARTY
IN SUCH PROCEEDING OR ACTION SHALL BE ENTITLED TO RECOVER FROM THE OTHER ITS
COSTS OF SUIT, INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS' FEES.
12.
GOVERNING LAW.
THIS AGREEMENT WILL BE GOVERNED BY AND CONSTRUED
IN ACCORDANCE WITH THE LAWS OF THE UNITED STATES AND THE COMMONWEALTH OF
MASSACHUSETTS, WITHOUT REFERENCE TO ITS CONFLICTS OF LAWS PRINCIPLES.
I hereby agree to submit to binding arbitration before the American Arbitration
Association (which means A WAIVER OF THE EXECUTIVE'S RIGHT TO SUE IN COURT AND
PROCEED BY A JUDGE OR JURY TRIAL) all disputes and claims arising out of this
Agreement.
I further and understand and agree that I shall execute IT&E's
standard agreement to arbitrate, which is separate from this Agreement and may
be contained in IT&E's Employee Handbook.
This Agreement will be the exclusive
method to resolve all disputes or controversies that I or the Company may have,
whether or not arising out of the my employment or termination of that
employment with the Company.
THE AGREEMENT TO ARBITRATE CONSTITUTES A WAIVER OF
ANY RIGHT THAT I OR THE COMPANY MAY HAVE TO LITIGATE ANY CLAIM IN COURT IN A
JUDGE OR JURY TRIAL.
* * * * IMPORTANT NOTICE * * * *
THIS AGREEMENT INCLUDES A WAIVER OF RIGHTS AND CLAIMS THAT I MAY HAVE ARISING
UNDER THE