ITS OPERATIONS OF WHICH EMPLOYEE HAS OBTAINED OR MAY OBTAIN
KNOWLEDGE, AND COMPANY WOULD SUFFER SERIOUS HARM IF THIS CONFIDENTIAL
INFORMATION WERE DISCLOSED OR IF EMPLOYEE USED THIS INFORMATION TO COMPETE
AGAINST COMPANY.
ACCORDINGLY, EMPLOYEE HEREBY AGREES THAT SIMULTANEOUSLY WITH
THE EXECUTION OF THIS CONTRACT HE SHALL EXECUTE AND DELIVER TO COMPANY AND
THEREAFTER ABIDE BY THE TERMS OF A "CONFIDENTIALITY AGREEMENT AND COVENANT NOT
TO COMPETE" A COPY OF WHICH IS ATTACHED HERETO AS EXHIBIT "A" AND INCORPORATED
HEREIN BY REFERENCE.
10.
REMEDIES.
EMPLOYEE AGREES THAT IN THE EVENT OF HIS BREACH OF HIS
COVENANTS AND AGREEMENTS CONTAINED OR REFERENCED IN THIS CONTRACT, COMPANY SHALL
BE ENTITLED TO OBTAIN INJUNCTIVE OR SIMILAR RELIEF FROM A COURT OF COMPETENT
JURISDICTION.
THE COVENANTS CONTAINED IN EXHIBIT "A" HEREOF SHALL BE CONSTRUED
AS AGREEMENTS INDEPENDENT OF ANY OTHER AGREEMENTS BETWEEN COMPANY AND EMPLOYEE,
AND THE EXISTENCE OF ANY CLAIM OR CAUSE OF ACTION OF EMPLOYEE AGAINST COMPANY,
WHETHER PREDICATED ON THIS CONTRACT OR OTHERWISE, SHALL NOT CONSTITUTE A DEFENSE
TO THE ENFORCEMENT BY COMPANY OF THOSE COVENANTS AND AGREEMENTS.
COMPANY SHALL
BE ENTITLED TO REASONABLE ATTORNEYS' FEES AND RELATED LEGAL COSTS IN THE EVENT
OF A BREACH, OR ATTEMPTED BREACH, OF SUCH COVENANTS BY EMPLOYEE.
THE REMEDIES
OF COMPANY AND EMPLOYEE UNDER THIS CONTRACT ARE CUMULATIVE AND WILL NOT EXCLUDE
ANY OTHER REMEDIES TO WHICH ANY PARTY MAY BE ENTITLED HEREUNDER, INCLUDING A
RIGHT OF OFFSET, WHETHER AT LAW OR IN EQUITY.
11.
NOTICES.
ALL NOTICES ALLOWED OR REQUIRED TO BE GIVEN HEREUNDER MUST BE IN
WRITING AND DISPATCHED BY UNITED STATES CERTIFIED MAIL, RETURN RECEIPT
REQUESTED, TO THE
6
ADDRESS OF THE PARTY ENTITLED TO SUCH NOTICE SHOWN AT THE END OF THIS CONTRACT.
EITHER PARTY HERETO MAY CHANGE THE ADDRESS TO WHICH ANY SUCH NOTICE IS TO BE
ADDRESSED BY GIVING NOTICE IN WRITING TO THE OTHER PARTY OF SUCH CHANGE.
ANY
TIME LIMITATION PROVIDED FOR IN THIS CONTRACT SHALL COMMENCE WITH THE DATE THAT
THE PARTY ACTUALLY RECEIVES SUCH WRITTEN NOTICE, AND THE DATE OR POSTMARK OF ANY
RETURN RECEIPT INDICATING THE DATE OF DELIVERY OF SUCH NOTICE TO THE ADDRESSEE
SHALL BE CONCLUSIVE EVIDENCE OF SUCH RECEIPT.
IN ADDITION TO THE PARTIES
HERETO, COPIES OF ALL NOTICES SHOULD BE SENT TO:
Mr. William J. Barrett
c/o Barrett-Gardner Associates, Inc.
636 River Road
P. O. Box 6199
Fair Haven, NJ
07704
Haynes and Boone, LLP
201 Main Street, Suite 201
Fort Worth, Texas 76102
Attn:
Rice M. Tilley, Jr., Esq.
12.
ASSIGNMENT.
NEITHER EMPLOYEE NOR ANYONE CLAIMING UNDER HIM MAY COMMUTE,
ENCUMBER, OR DISPOSE OF THE RIGHT TO RECEIVE BENEFITS HEREUNDER.
SUCH RIGHT TO
RECEIVE BENEFITS HEREUNDER IS EXPRESSLY DECLARED TO BE NON-ASSIGNABLE AND
NON-TRANSFERABLE BY EMPLOYEE, AND IN THE EVENT OF ANY ATTEMPTED ASSIGNMENT OR
TRANSFER, COMPANY SHALL HAVE NO FURTHER LIABILITY HEREUNDER; PROVIDED, HOWEVER,
THE FOREGOING SHALL NOT APPLY TO ASSIGNMENTS BY OPERATION OF LAW, SUCH AS TO A
GUARDIAN OR TO AN EXECUTOR OF EMPLOYEE'S ESTATE.
13.
WAIVER.
THE WAIVER BY COMPANY OF EMPLOYEE'S BREACH