SUCH EXPRESS MAIL COURIER DULY ADDRESSED TO WHOM SUCH NOTICE
OR COMMUNICATION IS TO BE GIVEN, IN THE CASE OF (A) THE COMPANY, 5171 CLARETON
DRIVE, AGOURA HILLS, CALIFORNIA 91301, ATTENTION: GENERAL COUNSEL, OR (B) TO
YOU, TO THE ADDRESS OF RECORD PROVIDED BY YOU TO THE DTS HUMAN RESOURCES
DEPARTMENT.
EITHER PARTY MAY CHANGE THEIR ADDRESS FOR PURPOSE OF THIS
SECTION BY GIVING TO THE PARTY INTENDED TO BE BOUND THEREBY, IN THE MANNER
PROVIDED HEREIN, A WRITTEN NOTICE OF SUCH CHANGE.
YOU AGREE TO PROMPTLY UPDATE
THE HUMAN RESOURCES DEPARTMENT WITH ANY CHANGES TO YOUR CONTACT INFORMATION.
11.3
COUNTERPARTS.
THIS INSTRUMENT MAY BE EXECUTED IN ONE OR MORE
COUNTERPARTS, EACH OF WHICH SHALL BE DEEMED AN ORIGINAL, BUT ALL OF WHICH
TOGETHER SHALL CONSTITUTE ONE AND THE SAME AGREEMENT.
THE PARTIES AGREE THAT A
SIGNATURE DELIVERED BY FACSIMILE TRANSMISSION WILL BE TREATED IN ALL RESPECTS AS
HAVING THE SAME EFFECT AS AN ORIGINAL SIGNATURE.
11.4
CONSTRUCTION OF AGREEMENT.
THIS AGREEMENT SHALL BE CONSTRUED IN
ACCORDANCE WITH, AND GOVERNED BY, THE INTERNAL LAWS OF THE STATE OF CALIFORNIA.
11.5
SEVERABILITY.
IF FOR ANY REASON ANY TERM OR PROVISION OF THIS
AGREEMENT IS HELD TO BE INVALID OR UNENFORCEABLE, ALL OTHER VALID TERMS AND
PROVISIONS HEREOF SHALL REMAIN IN FULL FORCE AND EFFECT, AND ALL OF THE TERMS
AND PROVISIONS OF THIS AGREEMENT SHALL BE DEEMED TO BE SEVERABLE IN NATURE.
IF
FOR ANY REASON ANY TERM OR PROVISION CONTAINING A RESTRICTION SET FORTH HEREIN
IS HELD TO COVER AN AREA OR TO BE FOR A LENGTH OF TIME WHICH IS UNREASONABLE, OR
IN ANY OTHER WAY IS CONSTRUED TO BE TOO BROAD OR TO ANY EXTENT INVALID, SUCH
TERM OR PROVISION SHALL NOT BE DETERMINED TO BE NULL, VOID AND OF NO EFFECT, BUT
TO THE EXTENT THE SAME IS OR WOULD BE VALID OR ENFORCEABLE UNDER APPLICABLE LAW,
ANY COURT OF COMPETENT JURISDICTION SHALL CONSTRUE AND INTERPRET OR REFORM THIS
AGREEMENT TO PROVIDE FOR A RESTRICTION HAVING THE MAXIMUM ENFORCEABLE AREA, TIME
PERIOD AND OTHER PROVISIONS (NOT GREATER THAN THOSE CONTAINED HEREIN) AS SHALL
BE VALID AND ENFORCEABLE UNDER APPLICABLE LAW.
6
11.6
COMPLETE AGREEMENT.
THIS INSTRUMENT, TOGETHER WITH THE DOCUMENTS
REFERENCED IN THIS AGREEMENT, CONSTITUTES AND CONTAINS THE ENTIRE AGREEMENT AND
UNDERSTANDING CONCERNING YOUR EMPLOYMENT AND THE OTHER SUBJECT MATTERS ADDRESSED
IN THIS AGREEMENT BETWEEN YOU AND THE COMPANY, AND SUPERSEDES AND REPLACES ALL
PRIOR NEGOTIATIONS AND ALL AGREEMENTS PROPOSED OR OTHERWISE, WHETHER WRITTEN OR
ORAL, CONCERNING THE SUBJECT MATTERS HEREOF.
THIS IS AN INTEGRATED DOCUMENT.
11.7
THIRD PARTY BENEFICIARIES.
THIS AGREEMENT DOES NOT CREATE, AND
SHALL NOT BE CONSTRUED AS CREATING, ANY RIGHTS ENFORCEABLE BY ANY PERSON NOT A
PARTY TO THIS AGREEMENT, EXCEPT AS EXPRESSLY CONTEMPLATED HEREIN.
11.8
NON-TRANSFERABILITY OF INTEREST.
NONE OF THE RIGHTS OF EMPLOYEE TO
RECEIVE ANY FORM OF COMPENSATION PAYABLE PURSUANT TO THIS AGREEMENT SHALL BE
ASSIGNABLE OR TRANSFERABLE EXCEPT THROUGH A TESTAMENTARY DISPOSITION OR BY THE
LAWS OF DESCENT AND DISTRIBUTION UPON THE DEATH OF EMPLOYEE.
ANY ATTEMPTED
ASSIGNMENT,