are disparaging, false
or adverse to ANDERSON, ANDERSON may consider this Agreement breached and may
take actions consistent therewith.
6.
CONFIDENTIAL, PROPRIETARY AND TRADE SECRET INFORMATION.
ANDERSON acknowledges the continuing duty not to use or disclose
confidential, proprietary or trade secret information learned while an employee
of Company or its
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predecessors, including the terms of this Agreement. Should ANDERSON, his
attorney or agents be requested in any judicial, administrative, or other
proceeding to disclose any confidential, proprietary or trade secret information
that ANDERSON learned while an employee of Company or its predecessors, ANDERSON
shall promptly notify Company of such request.
7.
COVENANTS.
7.1
ANDERSON's COVENANT NOT TO PROSECUTE OR MAINTAIN ANY ACTION OR
PROCEEDING AGAINST COMPANY.
In exchange for the Settlement Consideration, ANDERSON agrees not to
prosecute or hereafter maintain or institute any action at law, suit or
proceeding in equity, administrative or any proceeding of any kind or nature
whatsoever against Company for any reason related in any way to any claim
released herein. ANDERSON further agrees that he will not raise any claim
against Company by way of defense, counterclaim or cross-claim or in any other
manner, on any alleged claim, demand, liability or cause of action released
herein. At the time of his execution of this Agreement, ANDERSON represents that
there are no claims, complaints or charges pending against Company in which
ANDERSON is a party or complainant. Further, ANDERSON acknowledges and agrees he
has no unasserted workers' compensation claims through the date of his execution
of this Agreement.
7.2
COVENANT TO RETURN ALL COMPANY PROPERTY.
ANDERSON and Company acknowledge that ANDERSON has returned to the
Company all property of Company including credit cards, keys, card keys,
computers, documents, cell phone, palm pilot, equipment, supplies, and any other
property belonging to Company. COLUMBIA and ANDERSON have agreed that he may
keep his laptop computer. ANDERSON further agrees that he has no undisclosed
personal charges or unauthorized
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business charges on the credit cards to be returned or otherwise and agrees to
reimburse Company if he is mistaken.
7.3
COOPERATION IN DEFENSE OF COMPANY; CONSULTATION.
During the period of time ANDERSON is receiving Settlement
Consideration payments as defined in Section 4 herein, ANDERSON agrees now and
in the future that he will assist Company to the best of his ability in the
defense of any claim brought against Company of which ANDERSON has any personal
knowledge. Company agrees it will reimburse ANDERSON reasonable out-of-pocket
expenses in providing such assistance. In addition, ANDERSON agrees to provide
specific operations information to Company as requested in a reasonable, timely
and clear manner, to allow Company to continue and/or complete job tasks,
activities, assignments, to continue effective relationships with business
partners, and to respond to inquiries as needed by telephone at no additional
cost to Company beyond what is provided by this Agreement.
8.
ARBITRATION OF CERTAIN DISPUTES; CLAIMS FOR IRREPARABLE HARM; VENUE.
Except as provided below, ANDERSON and Company agree that should any
dispute arise between the parties