CLAIMS AGAINST IT.
11.
NO ADEQUATE REMEDY AT LAW.
[EMPLOYEE NAME] ACKNOWLEDGES AND
AGREES THAT HIS/HER BREACH OF THE POST-EMPLOYMENT RESTRICTIONS PROVIDED IN
PARAGRAPH 3 WOULD CAUSE IRREPARABLE HARM TO ATK AND THE REMEDY AT LAW WOULD BE
INADEQUATE.
ACCORDINGLY, IF [EMPLOYEE NAME] VIOLATES SUCH PARAGRAPH, ATK IS
ENTITLED TO INJUNCTIVE RELIEF IN ADDITION TO ANY OTHER LEGAL OR EQUITABLE
REMEDIES.
12.
CHOICE OF LAW AND VENUE.
THE TERMS OF THIS GENERAL RELEASE WILL
BE GOVERNED BY THE LAWS OF MINNESOTA (WITHOUT REGARD TO CONFLICT OF LAWS
PRINCIPLES).
ANY LEGAL ACTION TO ENFORCE THIS GENERAL RELEASE SHALL BE BROUGHT
IN A COMPETENT COURT OF LAW IN HENNEPIN COUNTY, MINNESOTA.
13.
SEVERABILITY.
IF ANY OF THE TERMS OF THIS GENERAL RELEASE ARE
DEEMED TO BE INVALID OR UNENFORCEABLE BY A COURT OF LAW, THE VALIDITY AND
ENFORCEABILITY OF THE REMAINING PROVISIONS OF THIS GENERAL RELEASE WILL NOT IN
ANY WAY BE AFFECTED OR IMPAIRED.
IN THE EVENT THAT ANY COURT HAVING
JURISDICTION OF THE PARTIES SHOULD DETERMINE THAT ANY OF THE POST-EMPLOYMENT
RESTRICTIONS SET FORTH IN PARAGRAPH 3 OF THIS GENERAL RELEASE ARE OVERBROAD OR
OTHERWISE INVALID IN ANY RESPECT, [EMPLOYEE NAME] ACKNOWLEDGES AND AGREES THAT
THE COURT SO HOLDING SHALL CONSTRUE THOSE PROVISION TO COVER ONLY THAT SCOPE,
DURATION OR EXTENT OF THOSE ACTIVITIES WHICH MAY VALIDLY AND ENFORCEABLY BE
RESTRICTED, AND SHALL ENFORCE THE RESTRICTIONS AS SO CONSTRUED.
THE PARTIES
ACKNOWLEDGE THE UNCERTAINTY OF THE LAW IN THIS RESPECT AND EXPRESSLY STIPULATE
THAT THIS AGREEMENT SHALL BE CONSTRUED IN A MANNER WHICH RENDERS ITS PROVISIONS
VALID AND ENFORCEABLE TO THE MAXIMUM EXTENT (NOT EXCEEDING ITS EXPRESS TERMS)
POSSIBLE UNDER APPLICABLE LAW.
14.
NO ASSIGNMENT.
THIS GENERAL RELEASE IS PERSONAL TO [EMPLOYEE
NAME] AND CANNOT BE ASSIGNED TO ANY OTHER PERSON OR ENTITY.
15.
ATTORNEYS' FEES.
[EMPLOYEE NAME] UNDERSTANDS THAT HE/SHE IS
RESPONSIBLE TO PAY HIS/HER OWN COSTS AND ATTORNEYS' FEES, IF ANY, THAT ARE
INCURRED IN CONSULTING WITH AN ATTORNEY ABOUT THIS GENERAL RELEASE.
16.
ENTIRE AGREEMENT.
THIS GENERAL RELEASE CONSTITUTES THE ENTIRE
AGREEMENT BETWEEN ATK AND [EMPLOYEE NAME] REGARDING THE SUBJECT MATTER INCLUDED
IN THIS DOCUMENT.
[EMPLOYEE NAME] AGREES THAT THERE ARE NO PROMISES OR
UNDERSTANDINGS OUTSIDE OF THIS GENERAL RELEASE, EXCEPT WITH RESPECT TO HIS/HER
CONTINUING OBLIGATIONS NOT TO REVEAL ATK'S PROPRIETARY, CONFIDENTIAL, AND TRADE
SECRET INFORMATION, AS WELL AS HIS/HER OBLIGATIONS TO MAINTAIN THE
CONFIDENTIALITY OF SECRET OR TOP SECRET INFORMATION.
THIS GENERAL RELEASE
SUPERCEDES AND REPLACES ALL PRIOR OR CONTEMPORANEOUS DISCUSSIONS, NEGOTIATIONS
OR GENERAL RELEASES, WHETHER WRITTEN OR ORAL, EXCEPT AS SET FORTH HEREIN.
ANY
MODIFICATION OR ADDITION TO THIS GENERAL RELEASE MUST BE IN WRITING, SIGNED BY
AN OFFICER OF ATK AND [EMPLOYEE NAME].
A-7
17.
ELIGIBILITY AND OPPORTUNITY TO REVIEW.
ALL EMPLOYEES WHO ARE ELIGIBLE TO PARTICIPATE IN THE EXECUTIVE SEVERANCE PLAN
MUST EXECUTE AND NOT REVOKE THIS GENERAL RELEASE IN ORDER TO RECEIVE SEVERANCE
BENEFITS.
[EMPLOYEE NAME] CERTIFIES THAT HE/SHE IS SIGNING THIS GENERAL RELEASE
VOLUNTARILY AND WITH FULL KNOWLEDGE OF ITS CONSEQUENCES.
[EMPLOYEE NAME]
UNDERSTANDS THAT HE/SHE HAS 21 DAYS