provided in Paragraph 2(f) hereof, Executive hereby represents and
warrants that, as of the Separation Date, he has returned to Company or
destroyed, and has not retained in any form (whether electronic, hardcopy or
otherwise), all files, data, records, documents, property, materials, credit
cards, keys, automobiles and equipment of or related to or provided by or on
behalf of American Apparel and all other files, documents, property or materials
that Executive received in his capacity as a director or officer of American
Apparel, in each case including all e-mails, electronic documents, copies,
extracts or other reproductions (whatever the form or storage
medium).
Executive acknowledges and agrees that a material breach of this
paragraph shall constitute a material breach of this Agreement which shall cause
Company irreparable harm.
Executive further acknowledges and agrees that in the
event of a material breach of this paragraph, Company shall have the right to
immediately seek legal and equitable remedies thereto, in addition to all other
remedies Company may seek a temporary and permanent restraining order for the
enforcement of this paragraph.
11.
SURVIVAL CLAUSE AND REMEDIES
All terms and conditions of this Agreement shall survive the Separation
Date.
If Executive, in any material way, fails to comply with or otherwise
breaches any of the promises, representations, or releases in this Agreement,
American Apparel may immediately stop any benefits otherwise owing under this
Agreement, may immediately recoup any benefits previously provided to Executive
and may seek additional relief or remedy as provided under applicable law,
including injunctive relief.
Further, if Executive pursues any claim or cause
of action against Company waived pursuant to this Agreement, Company may
immediately recoup any payments previously made to Executive under the terms of
this Agreement.
12.
WAIVER AND ACKNOWLEDGMENT BY EXECUTIVE
I HAVE READ AND UNDERSTAND THIS AGREEMENT AND BY SIGNING BELOW, HEREBY AGREE TO
THE TERMS AND CONDITIONS CONTAINED IN THIS AGREEMENT.
I CERTIFY BY MY SIGNATURE
THAT I COMPLETELY UNDERSTAND AND AGREE TO THE FOREGOING TERMS AND CONDITIONS IN
THEIR ENTIRETY AS SET FORTH HERETO.
I FURTHER CERTIFY BY MY SIGNATURE BELOW THAT I HAVE BEEN AFFORDED A REASONABLE
TIME TO READ AND UNDERSTAND EVERYTHING CONTAINED IN THIS AGREEMENT AND THAT I
UNEQUIVOCALLY AGREE TO
7
ALL OF THE TERMS AND CONDITIONS IN THIS AGREEMENT AS SET FORTH HERETO AFTER
BEING GIVEN A REASONABLE TIME TO READ AND UNDERSTAND THIS AGREEMENT.
I HEREBY CERTIFY BY MY SIGNATURE THAT I WAS GIVEN A FULL AND FAIR OPPORTUNITY
AND A REASONABLE TIME TO CONSULT MY OWN ATTORNEY WITH RESPECT TO THIS AGREEMENT
BEFORE SIGNING IT.
I HEREBY ACKNOWLEDGE THAT I AM SIGNING THIS AGREEMENT KNOWINGLY AND VOLUNTARILY
AND HAVE NOT BEEN PRESSURED OR COERCED IN ANY WAY INTO SIGNING IT.
I FURTHER ACKNOWLEDGE THAT:
(A)
I HAVE BEEN ADVISED TO CONSULT AN ATTORNEY BEFORE SIGNING THIS
AGREEMENT, AND HAD THE OPPORTUNITY TO CONSULT WITH AN ATTORNEY OF MY CHOOSING;
(B)
I HAVE RELIED SOLELY ON MY OWN JUDGMENT AND/OR THAT OF MY ATTORNEY
REGARDING THE CONSIDERATION FOR, AND