TERM "RESTRICTED PERIOD B" MEANS THE EMPLOYMENT TERM AND THE
EIGHTEEN (18) MONTH PERIOD COMMENCING ON THE TERMINATION DATE.
RESTRICTED
PERIOD B WILL BE EXTENDED BY ONE DAY FOR EACH DAY THAT EXECUTIVE IS DETERMINED
TO BE IN VIOLATION OF ANY RESTRICTIVE COVENANT STATED IN SECTION 8.3(D), AS
DETERMINED BY A COURT OR ARBITRATOR OF COMPETENT JURISDICTION.
(J)
THE TERM "INDIRECT," IN REFERENCE TO THE EXECUTIVE'S ACTIONS,
INCLUDES WITHOUT LIMITATION, ANY ACT BY EXECUTIVE'S SPOUSE, ANCESTOR, LINEAL
DESCENDANT, LINEAL DESCENDANT'S SPOUSE, SIBLING, OR OTHER MEMBER OF EXECUTIVE'S
FAMILY.
15
8.5
CONTINUOUS APPLICATION.
THE RESTRICTIVE COVENANTS SET FORTH IN
THIS AGREEMENT WILL CONTINUE IN FORCE EVEN IN THE EVENT OF CHANGE IN EXECUTIVE'S
JOB TITLE, POSITION, OR DUTIES, UNLESS A NEW AGREEMENT IS SIGNED TO REPLACE THIS
AGREEMENT.
8.6
REMEDIES.
BECAUSE EXECUTIVE'S SERVICES ARE UNIQUE AND EXECUTIVE
HAS AND WILL HAVE ACCESS TO CONFIDENTIAL INFORMATION, MONEY DAMAGES WOULD BE AN
INADEQUATE REMEDY FOR ANY BREACH OF THIS AGREEMENT.
THE RESTRICTIVE COVENANTS
STATED IN THE PROVISIONS OF SECTION 8 (INCLUDING SUBPARTS) ARE WITHOUT PREJUDICE
TO COMPANY'S OTHER RIGHTS AND CAUSES OF ACTION AT LAW.
IN THE EVENT OF A BREACH
OF THIS AGREEMENT BY EXECUTIVE, COMPANY WILL BE ENTITLED TO ALL APPROPRIATE
EQUITABLE AND LEGAL RELIEF, INCLUDING, BUT NOT LIMITED TO: (I) INJUNCTIVE OR
OTHER EQUITABLE RELIEF TO ENFORCE THIS AGREEMENT OR PREVENT CONDUCT IN VIOLATION
OF THIS AGREEMENT, WITHOUT THE NECESSITY OF POSTING BOND OR OTHER SECURITY
(UNLESS OTHERWISE REQUIRED BY APPLICABLE LAW), AND (II) COMPENSATORY RELIEF
INCLUDING DAMAGES INCURRED AS A RESULT OF THE BREACH.
FURTHER, WITHOUT
PREJUDICE TO ANY OF COMPANY'S RIGHTS OR REMEDIES STATED HEREIN, IN THE EVENT OF
EXECUTIVE'S BREACH OF ANY OF THE COVENANTS STATED IN SECTION 8 (INCLUDING
SUBPARTS), COMPANY MAY SUSPEND OR TERMINATE PAYMENT OR OTHER PROVISION OF
SEVERANCE BENEFITS, AND RECOVER AS DAMAGES THE VALUE OF ALL SEVERANCE BENEFITS
PREVIOUSLY PAID OR OTHERWISE PROVIDED.
9.
STATEMENTS.
9.1
MEDIA NONDISCLOSURE.
THE EXECUTIVE AGREES THAT DURING AND AFTER
THE EMPLOYMENT TERM, EXCEPT AS MAY BE AUTHORIZED IN WRITING BY COMPANY, THE
EXECUTIVE WILL NOT DIRECTLY OR INDIRECTLY DISCLOSE OR RELEASE TO THE MEDIA (AS
DEFINED BELOW) ANY INFORMATION CONCERNING OR RELATING TO ANY ASPECT OF THE
EXECUTIVE'S EMPLOYMENT OR TERMINATION FROM EMPLOYMENT WITH COMPANY, ANY
NON-PUBLIC INFORMATION
RELATED TO THE BUSINESS OF COMPANY OR THE OTHER COMPANY
PARTIES, AND/OR ANY ASPECT OF ANY DISPUTE THAT IS THE SUBJECT OF THIS
AGREEMENT.
FOR THE PURPOSES OF THIS AGREEMENT, THE TERM "MEDIA" INCLUDES,
WITHOUT LIMITATION, ANY NEWS ORGANIZATION, STATION, PUBLICATION, SHOW, WEBSITE,
WEB LOG (BLOG), BULLETIN BOARD, CHAT ROOM AND/OR PROGRAM (PAST, PRESENT AND/OR
FUTURE), WHETHER PUBLISHED THROUGH THE MEANS OF PRINT, RADIO, TELEVISION AND/OR
THE INTERNET OR OTHERWISE, AND ANY MEMBER, REPRESENTATIVE, AGENT AND/OR EMPLOYEE
OF THE SAME.
9.2
NON-DISPARAGEMENT.
THE EXECUTIVE AGREES THAT DURING AND AFTER THE
EMPLOYMENT TERM, THE EXECUTIVE WILL NOT MAKE ANY STATEMENTS, COMMENTS OR
COMMUNICATIONS IN ANY FORM, ORAL, WRITTEN OR ELECTRONIC TO ANY MEDIA OR ANY
CUSTOMER, WHICH WOULD CONSTITUTE LIBEL, SLANDER OR DISPARAGEMENT OF COMPANY OR
ANY OTHER