the Securities and Exchange Commission,
and/or pursuant to the Dodd-Frank Act or Sarbanes-Oxley Act; provided that, to
the extent permitted by law, upon receipt of any subpoena, court order or other
legal process compelling the disclosure of any such information, documents, or
testimony, the Executive shall give prompt prior written notice to the Company's
General Counsel in order to provide the Company reasonable opportunity to take
appropriate steps to protect its confidential information to the fullest extent
possible.
5. EXECUTIVE ACKNOWLEDGES THAT HE HAS BEEN ADVISED, IN WRITING, TO CONSULT WITH
AN ATTORNEY OF HIS CHOICE PRIOR TO SIGNING THIS AGREEMENT AND THAT HE HAS SIGNED
THIS AGREEMENT KNOWINGLY, VOLUNTARILY, AND FREELY, AND WITH SUCH COUNSEL AS HE
DEEMED APPROPRIATE. IN ADDITION, EXECUTIVE ACKNOWLEDGES THAT HE HAS BEEN
PROVIDED WITH A PERIOD OF UP TO 21 DAYS IN WHICH TO CONSIDER WHETHER OR NOT TO
ENTER INTO THIS RELEASE. FURTHER, EXECUTIVE ACKNOWLEDGES THAT HE HAS BEEN
ADVISED OF HIS RIGHT TO REVOKE THIS AGREEMENT DURING THE SEVEN DAY PERIOD
FOLLOWING EXECUTION HEREOF, AND THAT THE AGREEMENT SHALL NOT BECOME EFFECTIVE OR
ENFORCEABLE UNTIL THE REVOCATION PERIOD HAS EXPIRED.
6. Nothing contained herein shall be construed as an admission by the Company of
any liability of any kind to Executive, all such liability being expressly
denied except for obligations of the Company imposed by the Agreement which
survive pursuant to this Release of Claims.
Michael Mogul
Date:
, 2016