PARAGRAPH.
EXCEPT AS MAY BE PROHIBITED BY OPERATION OF LAW, REINO UNDERSTANDS
AND AGREES THAT SHE SHALL IMMEDIATELY NOTIFY MEDQUIST IF SHE IS CONTACTED FOR AN
INTERVIEW OR RECEIVES A SUBPOENA OR REQUEST FOR INFORMATION IN ANY MATTER
RELATED TO OR CONCERNING HER EMPLOYMENT WITH MEDQUIST.
REINO FURTHER
UNDERSTANDS AND AGREES THAT SHE WILL NOT INITIATE ANY COMMUNICATION OR RESPOND
TO ANY INQUIRY WITH A MEMBER OF THE PRESS REGARDING MEDQUIST, AND WILL REFER ANY
SUCH INQUIRY TO MEDQUIST, UNLESS REINO IS RESPONDING TO A PRESS RELEASE OR OTHER
COMMUNICATION ISSUED BY MEDQUIST REGARDING REINO'S EMPLOYMENT WITH MEDQUIST.
11.
RETURN OF PROPERTY.
REINO REPRESENTS AND WARRANTS THAT AS OF THE
DATE SHE SIGNS THIS AGREEMENT SHE HAS RETURNED ALL PROPERTY OF MEDQUIST,
REGARDLESS OF THE TYPE OR MEDIUM (I.E., HARD OR FLASH DRIVE, COMPUTER DISK,
CD-ROM, DVD-ROM) UPON WHICH IT IS MAINTAINED, INCLUDING, BUT NOT LIMITED TO, ALL
CUSTOMER LISTS, VENDOR LISTS, BUSINESS PLANS AND STRATEGIES, FINANCIAL DATA OR
REPORTS, MEMORANDA, CORRESPONDENCE, SOFTWARE, CONTRACT TERMS, COMPENSATION AND
COMMISSION PLANS, AND ANY OTHER DOCUMENTS PERTAINING TO THE BUSINESS OF
MEDQUIST, OR ITS CUSTOMERS OR VENDORS, AS WELL AS ANY CREDIT CARDS, KEYS,
IDENTIFICATION CARDS, AND ANY OTHER DOCUMENTS, WRITINGS AND MATERIALS THAT REINO
CAME TO POSSESS OR OTHERWISE ACQUIRED AS A RESULT OF AND/OR IN CONNECTION WITH
REINO'S EMPLOYMENT WITH MEDQUIST.
SHOULD REINO LATER FIND ANY MEDQUIST PROPERTY
IN REINO'S POSSESSION, REINO AGREES TO IMMEDIATELY RETURN IT.
REINO FURTHER
AGREES NOT TO MAINTAIN ANY COPIES OF SAID PROPERTY OR MAKE ANY COPIES OF SAID
PROPERTY AVAILABLE TO ANY THIRD-PARTY.
12.
NON-DISPARAGEMENT.
THE PARTIES AGREE NOT TO ENGAGE IN ANY FORM OF
CONDUCT OR TO MAKE ANY STATEMENTS OR REPRESENTATIONS THAT DISPARAGE OR OTHERWISE
IMPAIR THE REPUTATION, GOODWILL OR COMMERCIAL INTERESTS OF REINO OR MEDQUIST.
13.
REMEDIES FOR BREACH.
REINO UNDERSTANDS AND AGREES THAT A BREACH
OF THIS AGREEMENT OR ANY PROVISION OF THE EMPLOYMENT AGREEMENT THAT SURVIVES ITS
EXPIRATION WILL RESULT IN IMMEDIATE AND IRREPARABLE INJURY TO MEDQUIST. REINO,
THEREFORE, AGREES THAT, IN ADDITION TO ANY REMEDY MEDQUIST MAY HAVE UNDER THE
AGREEMENT, THE EMPLOYMENT AGREEMENT, OR APPLICABLE LAW, MEDQUIST SHALL BE
ENTITLED TO A FORFEITURE OF ANY AMOUNTS STILL DUE AND OWING TO REINO UNDER THE
TERMS OF THIS AGREEMENT OR THE EMPLOYMENT AGREEMENT.
NOTHING HEREIN SHALL BE
CONSTRUED AS PROHIBITING MEDQUIST FROM PURSUING ANY OTHER REMEDIES FOR ANY
BREACH.
14.
NON-ADMISSION BY MEDQUIST.
REINO UNDERSTANDS AND AGREES THAT THIS
AGREEMENT SHALL NOT BE DEEMED OR CONSTRUED AS AN ADMISSION OF LIABILITY BY
MEDQUIST FOR ANY PURPOSE.
SPECIFICALLY, BUT WITHOUT LIMITING THE FOREGOING,
REINO UNDERSTANDS AND AGREES THAT THIS AGREEMENT SHALL NOT CONSTITUTE AN
ADMISSION THAT ANY ACTION BY MEDQUIST RELATING TO REINO WAS IN ANY WAY WRONGFUL
OR UNLAWFUL.
REINO FURTHER AGREES THAT NOTHING CONTAINED IN THIS AGREEMENT CAN
BE USED BY REINO, OR ANY OTHER INDIVIDUAL IN ANY WAY AS PRECEDENT FOR FUTURE
DEALINGS WITH MEDQUIST, OR ANY OF ITS OFFICERS, DIRECTORS, ATTORNEYS, AGENTS OR
EMPLOYEES.
15.
GENERAL.
(A)
SEVERABILITY.
IF ANY PROVISION OF THIS AGREEMENT IS