TO THE COMPANY, IN SUCH FORM AS THE COMPANY
MAY REASONABLY REQUEST, ALL INFORMATION, DETAILS AND DATA PERTAINING TO ANY
COMPANY CREATIONS.
EMPLOYEE FURTHER AGREES TO EXECUTE AND DELIVER TO THE
COMPANY OR ITS DESIGNEE(S) ANY AND ALL FORMAL TRANSFERS AND ASSIGNMENTS AND
OTHER DOCUMENTS AND TO PROVIDE ANY FURTHER COOPERATION OR ASSISTANCE REASONABLY
REQUIRED BY THE COMPANY TO PERFECT, MAINTAIN OR OTHERWISE PROTECT ITS RIGHTS IN
THE COMPANY CREATIONS.
EMPLOYEE HEREBY DESIGNATES AND APPOINTS THE COMPANY OR
ITS DESIGNEE AS EMPLOYEE'S AGENT AND ATTORNEY-IN-FACT TO EXECUTE ON EMPLOYEE'S
BEHALF ANY ASSIGNMENTS OR OTHER DOCUMENTS DEEMED NECESSARY BY THE COMPANY TO
PERFECT, MAINTAIN OR OTHERWISE PROTECT THE COMPANY'S RIGHTS IN ANY COMPANY
CREATIONS.
7.6.
REMEDIES.
(A)
EMPLOYEE ACKNOWLEDGES THAT THE RESTRICTIONS
CONTAINED IN THE FOREGOING SUBSECTIONS 7.1 THROUGH 7.5, ARE REASONABLE AND
NECESSARY TO PROTECT THE LEGITIMATE INTERESTS OF THE COMPANY, THAT THEIR
ENFORCEMENT WILL NOT IMPOSE A HARDSHIP ON THE EMPLOYEE OR SIGNIFICANTLY IMPAIR
EMPLOYEE'S ABILITY TO EARN A LIVELIHOOD, AND THAT ANY VIOLATION THEREOF WOULD
RESULT IN IRREPARABLE INJURIES TO THE COMPANY. EMPLOYEE THEREFORE ACKNOWLEDGES
THAT, IN THE EVENT OF EMPLOYEE'S VIOLATION OF ANY OF THESE RESTRICTIONS, COMPANY
SHALL BE ENTITLED TO OBTAIN FROM ANY COURT OF COMPETENT JURISDICTION PRELIMINARY
AND PERMANENT INJUNCTIVE RELIEF, AS WELL AS DAMAGES AND AN EQUITABLE ACCOUNTING
OF ALL EARNINGS, PROFITS, AND OTHER BENEFITS ARISING FROM SUCH VIOLATION, WHICH
RIGHTS SHALL BE CUMULATIVE AND IN ADDITION TO ANY OTHER RIGHTS OR REMEDIES TO
WHICH COMPANY MAY BE ENTITLED.
(B)
IF ANY OF THE RESTRICTIONS SPECIFIED IN
SUBSECTIONS 7.1 OR 7.2 ABOVE SHOULD BE ADJUDGED UNREASONABLE IN ANY PROCEEDING,
THEN SUCH RESTRICTIONS SHALL BE MODIFIED SO THAT THEY MAY BE ENFORCED FOR SUCH
TIME AND IN SUCH ARE AS IS ADJUDGED TO BE REASONABLE.
(C)
IF EMPLOYEE VIOLATES ANY OF THE
RESTRICTIONS CONTAINED IN SUBSECTION 7.1, THE RESTRICTED PERIOD SHALL BE
EXTENDED BY A PERIOD EQUAL TO THE LENGTH OF TIME FROM THE COMMENCEMENT OF ANY
SUCH VIOLATION UNTIL SUCH TIME AS SUCH VIOLATION SHALL BE CURED BY EMPLOYEE TO
THE SATISFACTION OF COMPANY.
8.
MISCELLANEOUS.
8.1.
ARBITRATION.
EMPLOYEE AND THE COMPANY WILL
SUBMIT TO MANDATORY BINDING ARBITRATION ANY CONTROVERSY OR CLAIM ARISING OUT OF,
OR RELATING TO, THIS AGREEMENT OR ANY BREACH HEREOF AS WELL AS ALL CLAIMS UNDER
FEDERAL, STATE OR LOCAL ANTI-DISCRIMINATION LAWS, PROVIDED, HOWEVER, THAT EACH
PARTY WILL RETAIN ITS RIGHT TO, AND WILL NOT BE PROHIBITED, LIMITED OR IN ANY
OTHER WAY RESTRICTED FROM, SEEKING OR OBTAINING EQUITABLE RELIEF (SUCH AS
INJUNCTIVE RELIEF) FROM A COURT HAVING JURISDICTION OVER THE PARTIES. SUCH
ARBITRATION WILL BE CONDUCTED IN ACCORDANCE WITH THE COMMERCIAL ARBITRATION
RULES OF THE AMERICAN ARBITRATION ASSOCIATION IN EFFECT AT THAT TIME, AND
JUDGMENT UPON THE DETERMINATION OR AWARD RENDERED BY THE ARBITRATOR MAY BE
ENTERED IN ANY COURT HAVING JURISDICTION THEREOF.
8.2.
SEVERABILITY.
IF ANY PROVISION OF THIS
AGREEMENT IS FOUND BY ANY ARBITRATOR OR COURT OF COMPETENT JURISDICTION TO BE
INVALID OR UNENFORCEABLE, THEN THE PARTIES HEREBY WAIVE SUCH PROVISION TO THE
EXTENT THAT IT