INCURRED
BY COMPANY AS A DIRECT RESULT OF EMPLOYEE'S DISCLOSURE.
F.
Non-Disparagement.
Employee agrees that
he shall not disparage or defame Company in any respect.
G.
REMEDIES.
EMPLOYEE ACKNOWLEDGES THAT ANY
BREACH OF ANY OF THE PROMISES SET FORTH IN SECTIONS 4.C, 4.D., 4.E., AND 4.F.
WILL CAUSE COMPANY IRREPARABLE HARM FOR WHICH THERE IS NO ADEQUATE REMEDY AT LAW
AND EMPLOYEE THEREFORE CONSENTS TO THE ISSUANCE OF ANY INJUNCTION IN FAVOR OF
COMPANY ENJOINING THE BREACH OF ANY OF THOSE PROMISES BY ANY COURT OF COMPETENT
JURISDICTION.
IF ANY PROMISE MADE BY EMPLOYEE IN THIS SECTION 3 SHOULD BE HELD
TO BE UNENFORCEABLE BECAUSE OF ITS SCOPE OR DURATION, OR THE AREA OR SUBJECT
MATTER COVERED THEREBY, EMPLOYEE AGREES THAT THE COURT MAKING SUCH DETERMINATION
SHALL HAVE THE POWER TO REDUCE OR MODIFY THE SCOPE, DURATION, SUBJECT MATTER OR
AREA OF THAT PROMISE TO THE EXTENT THAT ALLOWS THE MAXIMUM SCOPE, DURATION,
SUBJECT MATTER OR AREA PERMITTED BY APPLICABLE LAW.
EMPLOYEE FURTHER AGREES
THAT THE REMEDIES PROVIDED FOR HEREIN ARE IN ADDITION TO, AND ARE NOT TO BE
CONSTRUED AS REPLACEMENTS FOR, OR A LIMITATION OF, RIGHTS AND REMEDIES OTHERWISE
AVAILABLE TO COMPANY.
5.
EMPLOYEE'S UNDERSTANDINGS.
EMPLOYEE
ACKNOWLEDGES AND REPRESENTS THAT:
A.
EMPLOYEE UNDERSTANDS THAT HE HAS THE RIGHT
TO CONSULT WITH AN ATTORNEY REGARDING THE MEANING AND EFFECT OF THIS AGREEMENT.
B.
EMPLOYEE ALSO UNDERSTANDS THAT HE HAS A
PERIOD OF AT LEAST FORTY-FIVE (45) CALENDAR DAYS FROM THE DATE ON WHICH HE
RECEIVES AN UNSIGNED COPY OF THIS AGREEMENT IN WHICH TO CONSIDER WHETHER OR NOT
TO SIGN THIS AGREEMENT AND THAT, HAVING BEEN ADVISED OF THAT ENTITLEMENT, HE MAY
ELECT TO SIGN THIS AGREEMENT AT ANY TIME PRIOR TO THE EXPIRATION OF THAT TIME
PERIOD.
EMPLOYEE UNDERSTANDS THAT ANY REVISIONS TO THIS THAT ARE NOT MATERIAL
WILL NOT RESTART THE FORTY-FIVE DAY PERIOD.
HOWEVER, EMPLOYEE UNDERSTANDS THAT
HE SHALL NOT EXECUTE THIS AGREEMENT AT ANY TIME BEFORE THE SEPARATION DATE.
C.
EMPLOYEE UNDERSTANDS THAT HE MAY RESCIND
(THAT IS, CANCEL) WITHIN SEVEN (7) CALENDAR DAYS OF SIGNING THE AGREEMENT THE
PROVISIONS OF SECTION 4.A. OF THIS AGREEMENT WITH RESPECT TO CLAIMS ARISING
UNDER THE AGE DISCRIMINATION IN EMPLOYMENT ACT (THE "RESCISSION PERIOD").
TO BE
EFFECTIVE, RESCISSION MUST BE IN WRITING, DELIVERED TO COMPANY AT 19075 NW
TANASBOURNE DRIVE, SUITE 200, HILLSBORO, OREGON, 97124, ATTN: PATTI LUSK, WITHIN
THE RESCISSION PERIOD, OR SENT TO COMPANY, AT SUCH ADDRESS, BY CERTIFIED MAIL,
RETURN RECEIPT REQUESTED, POSTMARKED WITHIN THE APPLICABLE RESCISSION PERIOD.
6.
CANCELLATION OF AGREEMENT BY COMPANY.
IF EMPLOYEE EXERCISES HIS RIGHT OF RESCISSION UNDER SECTION 5.C. OF THIS
AGREEMENT, COMPANY WILL HAVE THE RIGHT, EXERCISABLE BY WRITTEN NOTICE DELIVERED
TO EMPLOYEE, TO TERMINATE THIS AGREEMENT IN ITS ENTIRETY, IN WHICH EVENT COMPANY
WILL
3
HAVE NO OBLIGATION WHATSOEVER TO EMPLOYEE HEREUNDER.
IF EMPLOYEE EXERCISES HIS
RIGHT OF RESCISSION UNDER SECTION 5.C. OF THIS AGREEMENT, AND COMPANY DOES NOT
EXERCISE ITS RIGHT TO TERMINATE THIS AGREEMENT HEREUNDER, THE REMAINING
PROVISIONS OF THIS AGREEMENT (INCLUDING SPECIFICALLY THE REMAINING