IF HE RECEIVES A SUBPOENA IN
ANY MATTER
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relating in any way to his employment with the Company.
Employee further agrees
that he will not initiate any communication with a member of the press regarding
his employment with the Company and that if he is contacted by the press for any
such information, he will decline comment and refer the person seeking
information to the Company.
16.
THE COMPANY AGREES AND ACKNOWLEDGES THAT
EMPLOYEE SHALL BE PERMITTED TO UTILIZE THE SERVICES OF THE PROFESSIONAL
PLACEMENT FIRM, KORN/FERRY INTERNATIONAL.
17.
A.
THIS SEPARATION AGREEMENT CONTAINS THE ENTIRE AGREEMENT OF THE PARTIES WITH
RESPECT TO THE SUBJECT MATTER HEREOF, AND SHALL BE BINDING UPON THEIR RESPECTIVE
PARTIES AND THEIR HEIRS, EXECUTORS, ADMINISTRATORS, SUCCESSORS AND ASSIGNS.
B.
IF ANY PROVISION OF THIS SEPARATION
AGREEMENT OR THE APPLICATION THEREOF IS ADJUDICATED TO BE INVALID OR
UNENFORCEABLE, SUCH INVALIDITY OR UNENFORCEABILITY SHALL NOT AFFECT ANY OTHER
PROVISION OF THIS SEPARATION AGREEMENT WHICH CAN BE GIVEN EFFECT WITHOUT THE
INVALID OR UNENFORCEABLE PROVISION.
C.
NEITHER THIS SEPARATION AGREEMENT NOR
ANY TERM HEREOF MAY BE ORALLY CHANGED, WAIVED, DISCHARGED, OR TERMINATED, EXCEPT
BY A WRITTEN AGREEMENT BETWEEN THE PARTIES HERETO.
D.
THIS SEPARATION AGREEMENT SHALL BE
GOVERNED BY THE LAWS OF THE STATE OF NEW JERSEY WITHOUT REGARD TO ITS CONFLICTS
OF LAW PRINCIPALS.
ANY ACTION RELATING TO THIS SEPARATION AGREEMENT SHALL BE
BROUGHT IN A STATE COURT IN BURLINGTON COUNTY, NEW JERSEY OR IN FEDERAL COURT
FOR THE DISTRICT OF NEW JERSEY.
E.
THE TERMS OF THE SEPARATION AGREEMENT
CONTAINED HEREIN ARE CONTRACTUAL, AND NOT A MERE RECITAL.
18.
EMPLOYEE REPRESENTS AND WARRANTS THAT HE IS
ACTING OF HIS OWN FREE WILL; THAT HE HAS HAD THE OPPORTUNITY TO SEEK THE ADVICE
OF COUNSEL WITH RESPECT HERETO; THAT HE HAS HAD ADEQUATE TIME TO CONSIDER THIS
SEPARATION AGREEMENT; AND THAT HE IS ENTERING INTO THIS AGREEMENT KNOWINGLY AND
VOLUNTARILY.
IN WITNESS HEREOF, Employee and the Company have caused the execution of this
Separation Agreement as of the day and year indicated below.
MEDQUIST INC.
/s/ Terry L. Cameron
By:
/s/ Howard S. Hoffmann
Terry L. Cameron
Howard S. Hoffmann
Chief Executive Officer
Date:
10/24/05
Date:
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