REGULATION, THE PARTIES WILL EXECUTE AN AMENDMENT TO THIS AGREEMENT TO BRING
SUCH PROVISION INTO COMPLIANCE WITH ANY SUCH LAW, RULE OR REGULATION, AS THE
CASE MAY BE.
(B)
EXCLUSIVE VENUE.
THE PARTIES CONSENT AND STIPULATE THAT THE
EXCLUSIVE VENUE OF ANY ARBITRATION PROCEEDING AND OF ANY OTHER PROCEEDING,
INCLUDING ANY COURT PROCEEDING, UNDER THIS AGREEMENT SHALL BE DALLAS COUNTY,
TEXAS (THE "AGREED VENUE"). FOR THIS PURPOSE, THE PARTIES ALSO EXPRESSLY CONSENT
TO PERSONAL JURISDICTION IN THE AGREED VENUE.
(C)
ATTORNEYS' FEES AND COSTS.
IF EITHER PARTY HERETO BRINGS ANY
ACTION IN ARBITRATION OR IN COURT TO ENFORCE ANY RIGHTS HEREUNDER, THE
PREVAILING PARTY SHALL BE ENTITLED TO RECEIVE FROM THE NON-PREVAILING PARTY IN
ANY SUCH ACTION ITS COSTS AND REASONABLE ATTORNEYS FEES INCURRED IN CONNECTION
WITH SUCH ACTION, INCLUDING ANY APPEALS.
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10.13
NO THIRD PARTY BENEFICIARIES.
NOTWITHSTANDING ANY OTHER TERM OR
PROVISION OF THIS AGREEMENT, THERE ARE NO THIRD PARTY BENEFICIARIES TO THIS
AGREEMENT, AND NONE ARE INTENDED.
NO THIRD PARTY HAS STANDING TO ENFORCE THIS
AGREEMENT.
10.14
SURVIVAL.
THE TERMS OF THIS AGREEMENT, TO THE EXTENT THAT THEY APPLY
POST-EMPLOYMENT, SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT (REGARDLESS OF
THE BASIS FOR TERMINATION), AND REMAIN IN FULL FORCE AND EFFECT BASED ON THE
TERMS AS STATED.
[Intentionally Blank;
Continue to Signature Page]
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THIS AGREEMENT INCLUDES PROVISIONS FOR BINDING ARBITRATION AND RESTRICTIVE
NON-COMPETE COVENANTS.
IN WITNESS WHEREOF, the Parties have executed this Agreement on July 17, 2009,
to be effective as of the Effective Date.
"Company"
Heeling Sports Limited, a Texas limited partnership
By:
Heeling Management Corp.,
its Sole General Partner
By:
/s/ Lisa K. Peterson
Name:
Lisa K. Peterson
Title:
Chief Financial Officer
*************************
"Executive"
Thomas C. Hansen
/s/ Thomas C. Hansen
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