MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH
THE DEBTOR.
Employee, being aware of this code section, agrees to expressly waive any rights
he may have thereunder, as well as under any other statute or common law
principles of similar effect.
7.
NO PENDING OR FUTURE LAWSUITS.
EMPLOYEE REPRESENTS THAT HE HAS NO LAWSUITS, CLAIMS, OR ACTIONS PENDING IN HIS
NAME, OR ON BEHALF OF ANY OTHER PERSON OR ENTITY, AGAINST THE COMPANY OR ANY OF
THE OTHER RELEASEES.
EMPLOYEE ALSO REPRESENTS THAT HE DOES NOT INTEND TO BRING
ANY CLAIMS ON HIS OWN BEHALF OR ON BEHALF OF ANY OTHER PERSON OR ENTITY AGAINST
THE COMPANY OR ANY OF THE OTHER RELEASEES.
8.
APPLICATION FOR EMPLOYMENT.
EMPLOYEE
UNDERSTANDS AND AGREES THAT, AS A CONDITION OF THIS AGREEMENT, HE SHALL NOT BE
ENTITLED TO ANY EMPLOYMENT WITH THE COMPANY, ITS SUBSIDIARIES, OR ANY SUCCESSOR,
AND HE HEREBY WAIVES ANY ALLEGED RIGHT OF EMPLOYMENT OR RE-EMPLOYMENT WITH THE
COMPANY, ITS SUBSIDIARIES OR RELATED COMPANIES, OR ANY SUCCESSOR.
9.
CONFIDENTIALITY.
THE PARTIES
ACKNOWLEDGE THAT EMPLOYEE'S AGREEMENT TO KEEP THE TERMS AND CONDITIONS OF THIS
AGREEMENT CONFIDENTIAL WAS A MATERIAL FACTOR ON WHICH THE COMPANY RELIED IN
ENTERING INTO THIS AGREEMENT.
EMPLOYEE AGREES TO USE HIS BEST EFFORTS TO
MAINTAIN IN CONFIDENCE THE CONTENTS AND TERMS OF THIS AGREEMENT, INCLUDING THE
CONSIDERATION FOR THIS AGREEMENT (HEREINAFTER COLLECTIVELY REFERRED TO AS
"SETTLEMENT INFORMATION").
EMPLOYEE AGREES TO TAKE EVERY REASONABLE PRECAUTION
TO PREVENT DISCLOSURE OF ANY SETTLEMENT INFORMATION TO THIRD PARTIES, AND AGREES
THAT THERE WILL BE NO PUBLICITY, DIRECTLY OR INDIRECTLY, CONCERNING ANY
SETTLEMENT INFORMATION.
EMPLOYEE IS PERMITTED TO TAKE EVERY PRECAUTION TO
DISCLOSE SETTLEMENT INFORMATION ONLY TO THOSE ATTORNEYS, ACCOUNTANTS,
GOVERNMENTAL ENTITIES, AND FAMILY MEMBERS WHO HAVE A REASONABLE NEED TO KNOW OF
SUCH SETTLEMENT INFORMATION.
THE PARTIES AGREE THAT IF THE COMPANY PROVES THAT
EMPLOYEE BREACHED THIS CONFIDENTIALITY PROVISION, THE COMPANY SHALL BE ENTITLED
TO AN AWARD OF ITS COSTS SPENT ENFORCING THIS PROVISION, INCLUDING ALL
REASONABLE ATTORNEY FEES ASSOCIATED WITH THE ENFORCEMENT
4
ACTION, WITHOUT REGARD TO WHETHER THE COMPANY CAN ESTABLISH ACTUAL DAMAGES FROM
EMPLOYEE'S BREACH.
10.
NO COOPERATION.
EMPLOYEE AGREES THAT HE
WILL NOT ACT IN ANY MANNER THAT MIGHT DAMAGE THE BUSINESS OF THE COMPANY.
THE
PARTIES ACKNOWLEDGE THAT EMPLOYEE'S EMPLOYMENT WITH ANY OF THE COMPANY'S
COMPETITORS SHALL NOT, IN AND OF ITSELF, CONSTITUTE A BREACH OF THIS PROVISION.
EMPLOYEE FURTHER AGREES THAT HE WILL NOT KNOWINGLY COUNSEL OR ASSIST ANY
ATTORNEYS OR THEIR CLIENTS IN THE PRESENTATION OR PROSECUTION OF ANY DISPUTES,
DIFFERENCES, GRIEVANCES, CLAIMS, CHARGES, OR COMPLAINTS BY ANY THIRD PARTY
AGAINST ANY OF THE RELEASEES, UNLESS UNDER A SUBPOENA OR OTHER COURT ORDER TO DO
SO.
EMPLOYEE AGREES BOTH TO IMMEDIATELY NOTIFY THE COMPANY UPON RECEIPT OF ANY
SUCH SUBPOENA OR COURT ORDER, AND TO FURNISH, WITHIN THREE (3) BUSINESS DAYS OF
ITS RECEIPT, A COPY OF SUCH SUBPOENA OR COURT ORDER TO THE COMPANY.
IF
APPROACHED BY ANYONE FOR COUNSEL OR ASSISTANCE IN THE PRESENTATION OR
PROSECUTION OF ANY DISPUTES, DIFFERENCES, GRIEVANCES,