WORLD.
THE PARTIES HERETO AGREE THAT HAVING VENUE AND JURISDICTION SOLELY IN CALIFORNIA
IS REASONABLE IN THAT THE HEADQUARTERS FOR THE COMPANY IS IN ORANGE COUNTY,
CALIFORNIA AND THAT SITE FOR LITIGATION IS THE MOST CENTRAL FOR SUCH MATTERS.
THE PARTIES HEREBY WAIVE A JURY TRIAL IN ANY LITIGATION ARISING UNDER OR
RELATING TO THIS AGREEMENT OR THE EMPLOYMENT OF THE EMPLOYEE WITH THE COMPANY.
THIS AGREEMENT SHALL NOT BE CONSTRUED AGAINST EITHER PARTY BUT SHALL BE
CONSTRUED WITHOUT REGARD TO THE PARTICIPATION OF EITHER PARTY IN THE DRAFTING OF
THIS AGREEMENT OR ANY PART THEREOF.
13.
COUNTERPARTS; FACSIMILE SIGNATURES.
THIS
AGREEMENT 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
INSTRUMENT.
THIS AGREEMENT MAY BE EFFECTIVE UPON THE EXECUTION AND DELIVERY BY
ANY PARTY HERETO OF FACSIMILE COPIES OF SIGNATURE PAGES HERETO DULY EXECUTED BY
SUCH PARTY; PROVIDED, HOWEVER, THAT ANY PARTY DELIVERING A FACSIMILE SIGNATURE
PAGE COVENANTS AND AGREES TO DELIVER PROMPTLY AFTER THE DATE HEREOF TWO
(2) ORIGINAL COPIES TO THE OTHER PARTY HERETO.
14.
MODIFICATION BY THE COURT.
IN THE EVENT
THAT ANY PROVISION OR SECTION OF THIS AGREEMENT VIOLATES ANY LAW OF THE STATE OF
CALIFORNIA OR IS FOR SOME OTHER REASON UNENFORCEABLE AS WRITTEN IN THE STATE OF
CALIFORNIA, THE EMPLOYEE AND THE COMPANY AGREE THAT THE UNENFORCEABLE PROVISION
OR SECTION SHOULD NOT CAUSE THE ENTIRE AGREEMENT TO BECOME UNENFORCEABLE UNLESS
IT IS CAUSED TO FAIL IN ITS ESSENTIAL PURPOSE.
IN THE EVENT THAT ANY PROVISION
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or Section of this Agreement violates any law of the state of California or is
for some other reason unenforceable as written in the state of California, the
Employee agrees that the provision should be reduced in scope or length or
otherwise modified by the Court, if possible under the law, to cause the
provision or Section of the Agreement to be legal and enforceable but to still
provide to the Company the maximum protection available to it under the law.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and
year first above written.
LIQUIDMETAL TECHNOLOGIES, Inc.
By:
/s/ John Kang
John Kang, Chairman
Liquidmetal Technologies
30452 Esperanza
Rancho Santa Margarita, CA 92688
Facsimile Number: 949-635-2108
EMPLOYEE
By:
/s/ Gerald Morrow
Printed Name:
Gerald Morrow
Address and Facsimile Number:
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