WITH AN ATTORNEY OF MY CHOOSING REGARDING THE WAIVER OF RIGHTS AND
CLAIMS UNDER THE ADEA.
I UNDERSTAND THAT BY SIGNING THIS AGREEMENT, I WAIVE MY
RIGHTS OR CLAIMS UNDER THE ADEA.
I FURTHER UNDERSTAND THAT I AM NOT WAIVING
RIGHTS OR CLAIMS UNDER THE ADEA THAT MAY ARISE AFTER THE EFFECTIVE DATE OF THIS
FULLY EXECUTED AGREEMENT.
5.
WAIVER.
I UNDERSTAND AND AGREE THAT ALL OF MY RIGHTS UNDER
CALIFORNIA CIVIL CODE SECTION 1542 ARE EXPRESSLY WAIVED.
I UNDERSTAND THAT
SECTION 1542 PROVIDES AS FOLLOWS:
A general release does not extend to claims that a creditor does not know
or suspect to exist in his favor at the time of executing the release, which if
known by him, must have materially affected his settlement with the debtor.
I understand that waiving my rights under Civil Code Section 1542 means that
even if I should eventually suffer some damage arising out of my employment
and/or separation from employment with IT&E, that I will not be able to make any
claims for those damages, even as to claims which may now exist, but which I do
not know exist, and which if known would have affected my decision to sign this
Agreement.
6.
NO WRONGDOING.
I UNDERSTAND THAT, BY SIGNING THIS AGREEMENT IT&E
DOES NOT ADMIT ANY WRONGDOING.
I AM ALSO ADMITTING NO WRONGDOING BY SIGNING
THIS AGREEMENT.
WE AGREE THAT NO USE OF THIS AGREEMENT OR ANY COMMENTS MADE BY
EITHER PARTY DURING OUR SETTLEMENT DISCUSSIONS WILL BE USED BY US OR ANY OF OUR
REPRESENTATIVES IN CONNECTION WITH ANY SUBSEQUENT LEGAL ACTION EXCEPT FOR AN
ACTION TO ENFORCE THIS AGREEMENT.
7.
CONFIDENTIAL INFORMATION.
I UNDERSTAND THAT DURING MY EMPLOYMENT
WITH IT&E I HAD ACCESS TO IT&E CONFIDENTIAL INFORMATION, INCLUDING BUT NOT
LIMITED TO, CLIENT AND VENDOR LISTS, FINANCIAL DATA, MARKETING PLANS AND SALES
TECHNIQUES, THAT HAS OR COULD HAVE VALUE TO IT&E, WHICH IF DISCLOSED COULD BE
DETRIMENTAL TO IT&E, AND WHICH IT&E HAS TAKEN REASONABLE STEPS TO PREVENT FROM
DISCLOSURE TO THE GENERAL PUBLIC.
IN ADDITION TO ANY OTHER OBLIGATION OF
CONFIDENTIALITY TO WHICH I MAY BE BOUND WITH RESPECT TO ANY CONFIDENTIAL
INFORMATION OF IT&E:
7.1.
I AGREE THAT I WILL NOT USE, DISCLOSE OR REVEAL TO ANY THIRD PARTY
ANY IT&E CONFIDENTIAL INFORMATION, REGARDLESS OF WHETHER OR NOT SUCH INFORMATION
IS MARKED AS "CONFIDENTIAL".
7.2.
I AGREE THAT I HAVE RETURNED ALL IT&E CONFIDENTIAL OR PROPRIETARY
INFORMATION, DOCUMENTS, MATERIALS, APPARATUS, EQUIPMENT, OTHER PHYSICAL PROPERTY
OR THE REPRODUCTION OF ANY SUCH PROPERTY TO IT&E.
7.3.
I RECOGNIZE THAT THE UNAUTHORIZED USE OR DISCLOSURE OF IT&E'S
CONFIDENTIAL INFORMATION IS UNLAWFUL AND THAT IT&E MAY OBTAIN DAMAGES AGAINST ME
FOR ANY WILLFUL MISAPPROPRIATION, INCLUDING DAMAGES AND ATTORNEY FEES.
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8.
CONFIDENTIALITY OF AGREEMENT.
I AGREE THAT THE TERMS AND
CONDITIONS OF THIS AGREEMENT ARE CONFIDENTIAL AND SHALL NOT BE DISCUSSED,
DISCLOSED OR REVEALED BY ME TO ANY THIRD PARTY, EXCEPT TO MY ATTORNEYS, TAX
ADVISORS AND SPOUSE, AND EXCEPT INSOFAR AS I AM COMPELLED BY LAW TO DISCLOSE