AGREEMENT THAT
THE EMPLOYEE HAS WITH THE COMPANY, THE TERMS OF THIS AGREEMENT WILL GOVERN.
(D) EQUITABLE RELIEF.
IN THE EVENT THAT IRREPARABLE INJURY COULD OCCUR DURING
THE PENDENCY OF A MEDIATION OR ARBITRATION PROCEEDING, TO RESTORE OR MAINTAIN
THE STATUS QUO UNTIL THE DISPUTE HAS BEEN RESOLVED BY MEDIATION OR ARBITRATION A
PARTY MAY APPLY TO A COURT OF COMPETENT JURISDICTION TO OBTAIN A TEMPORARY OR
PRELIMINARY INJUNCTION IN AID OF MEDIATION AND ARBITRATION.
(E) BINDING AGREEMENT.
NOTWITHSTANDING ANY POLICY OF THE COMPANY PERMITTING IT
TO ALTER ITS POLICIES, PROCEDURES, AND THE TERMS AND CONDITIONS OF EMPLOYMENT,
THIS AGREEMENT TO ARBITRATE IS BINDING AND CANNOT BE MODIFIED OR SUPERSEDED
EXCEPT BY A WRITTEN AGREEMENT SIGNED BY AN AUTHORIZED REPRESENTATIVE OF THE
COMPANY AND THE EMPLOYEE.
SECTION 11.
GENERAL.
(A) NOTICES.
ALL NOTICES AND OTHER COMMUNICATIONS HEREUNDER WILL BE IN WRITING,
AND WILL BE DEEMED TO HAVE BEEN DULY GIVEN IF DELIVERED PERSONALLY, OR THREE (3)
BUSINESS DAYS AFTER BEING MAILED BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED, OR
UPON RECEIPT IF SENT BY WRITTEN TELECOMMUNICATIONS, TO THE RELEVANT ADDRESS SET
FORTH BELOW, OR TO SUCH OTHER ADDRESS AS THE RECIPIENT OF SUCH NOTICE OR
COMMUNICATION WILL HAVE SPECIFIED TO THE OTHER PARTY HERETO IN ACCORDANCE WITH
THIS SECTION 11(A):
If to Company, to:
Benchmark Electronics, Inc.
3000 Technology Drive
Angleton, Texas 77515
Attn: Corporate Secretary
Fax No.: 979/848-5269
If to Employee, to:
Jon E. King
(B) WITHHOLDING; NO OFFSET.
ALL PAYMENTS REQUIRED TO BE MADE BY THE COMPANY
UNDER THIS AGREEMENT TO THE EMPLOYEE WILL BE SUBJECT TO THE WITHHOLDING OF SUCH
AMOUNTS, IF ANY, RELATING TO FEDERAL, STATE AND LOCAL TAXES AS MAY BE REQUIRED
BY LAW.
NO PAYMENT UNDER THIS AGREEMENT WILL BE SUBJECT TO OFFSET OR REDUCTION
ATTRIBUTABLE TO ANY AMOUNT OF OBLIGATION THE EMPLOYEE MAY OWE OR BE LIABLE FOR
TO THE COMPANY OR ANY OTHER PERSON.
(C) EQUITABLE REMEDIES.
EACH OF THE PARTIES HERETO ACKNOWLEDGES AND AGREES THAT
UPON ANY BREACH BY THE EMPLOYEE OF HIS OBLIGATIONS UNDER ANY OF SECTIONS 8 AND 9
HEREOF, THE COMPANY WILL HAVE NO ADEQUATE REMEDY AT LAW, AND ACCORDINGLY WILL BE
ENTITLED TO SPECIFIC PERFORMANCE AND OTHER APPROPRIATE INJUNCTIVE AND EQUITABLE
RELIEF.
(D) SEVERABILITY.
IF ANY PROVISION OF THIS AGREEMENT IS HELD TO BE ILLEGAL,
INVALID OR UNENFORCEABLE, SUCH PROVISION WILL BE FULLY SEVERABLE AND THIS
AGREEMENT WILL BE CONSTRUED AND ENFORCED AS IF SUCH ILLEGAL, INVALID, OR
UNENFORCEABLE PROVISION NEVER COMPRISED A PART HEREOF; AND THE REMAINING
PROVISIONS HEREOF WILL REMAIN IN FULL FORCE AND EFFECT AND WILL NOT BE AFFECTED
BY THE ILLEGAL, INVALID, OR UNENFORCEABLE PROVISION OR BY ITS SEVERANCE
HEREFROM.
FURTHERMORE, IN LIEU OF SUCH ILLEGAL, INVALID, OR UNENFORCEABLE
PROVISION, THERE WILL BE ADDED AUTOMATICALLY AS PART OF THIS AGREEMENT A
PROVISION AS SIMILAR IN ITS TERMS TO SUCH ILLEGAL, INVALID, OR UNENFORCEABLE
PROVISION AS MAY BE POSSIBLE AND BE LEGAL, VALID, AND ENFORCEABLE.
(E) WAIVERS.
NO DELAY OR OMISSION BY EITHER PARTY HERETO IN EXERCISING ANY
RIGHT, POWER OR PRIVILEGE HEREUNDER WILL