AND ALL OF EXECUTIVE'S RIGHT, TITLE AND
INTEREST THERETO, INCLUDING, WITHOUT LIMITATION, ANY AND ALL COPYRIGHTS,
PATENTS, TRADE SECRETS, TRADEMARKS AND/OR OTHER RIGHTS OF WHATSOEVER NATURE
THEREIN, WHETHER OR NOT NOW OR HEREAFTER KNOWN, EXISTING, CONTEMPLATED,
RECOGNIZED OR DEVELOPED TO THE COMPANY, AND THE COMPANY SHALL HAVE THE RIGHT TO
USE THE SAME IN PERPETUITY THROUGHOUT THE UNIVERSE IN ANY MANNER THE COMPANY
DETERMINES WITHOUT ANY FURTHER PAYMENT TO EXECUTIVE WHATSOEVER.
EXECUTIVE
SHALL, FROM TIME TO TIME AS MAY BE REQUESTED BY THE COMPANY, DO ANY AND ALL
THINGS WHICH THE COMPANY MAY DEEM USEFUL OR DESIRABLE TO ESTABLISH OR DOCUMENT
THE COMPANY'S EXCLUSIVE OWNERSHIP OF ANY AND ALL RIGHTS IN ANY SUCH RESULTS AND
PROCEEDS, INCLUDING, WITHOUT LIMITATION, THE EXECUTION OF APPROPRIATE COPYRIGHT
AND/OR PATENT APPLICATIONS OR ASSIGNMENTS.
TO THE EXTENT EXECUTIVE HAS ANY
RIGHTS IN THE RESULTS AND PROCEEDS OF EXECUTIVE'S SERVICES THAT CANNOT BE
ASSIGNED IN THE MANNER DESCRIBED ABOVE, EXECUTIVE UNCONDITIONALLY AND
IRREVOCABLY WAIVE THE ENFORCEMENT OF SUCH RIGHTS.
THIS PARAGRAPH 6.3 IS SUBJECT
TO, AND SHALL NOT BE DEEMED TO LIMIT, RESTRICT, OR CONSTITUTE ANY WAIVER BY THE
COMPANY OF ANY RIGHTS OF OWNERSHIP TO WHICH THE COMPANY MAY BE ENTITLED BY
OPERATION OF LAW BY VIRTUE OF THE COMPANY OR ANY OF ITS AFFILIATES OR
PREDECESSORS BEING EXECUTIVE'S EMPLOYER.
6.4
RETURN OF PROPERTY.
ALL DOCUMENTS, DATA, RECORDINGS, OR OTHER
PROPERTY, WHETHER TANGIBLE OR INTANGIBLE, INCLUDING ALL INFORMATION STORED IN
ELECTRONIC FORM, OBTAINED OR PREPARED BY OR FOR EXECUTIVE AND UTILIZED BY
EXECUTIVE IN THE COURSE OF EXECUTIVE'S EMPLOYMENT WITH THE COMPANY OR ANY OF ITS
AFFILIATES OR PREDECESSORS SHALL REMAIN THE EXCLUSIVE PROPERTY OF THE COMPANY;
PROVIDED HOWEVER THAT EXECUTIVE MAY REMOVE ALL SUCH PROPERTY WHICH WAS PREPARED
BY OR FOR EXECUTIVE'S PERSONAL USE.
6.5
INJUNCTIVE RELIEF.
THE COMPANY HAS ENTERED INTO THIS AGREEMENT IN
ORDER TO OBTAIN THE BENEFIT OF EXECUTIVE'S UNIQUE SKILLS, TALENT, AND
EXPERIENCE.
EXECUTIVE ACKNOWLEDGES AND AGREES THAT ANY VIOLATION OF PARAGRAPHS
6.1 THROUGH 6.4 HEREOF WILL RESULT IN IRREPARABLE DAMAGE TO THE COMPANY, AND
ACCORDINGLY, THE COMPANY MAY OBTAIN INJUNCTIVE AND OTHER EQUITABLE RELIEF FOR
ANY BREACH OR THREATENED BREACH OF SUCH PARAGRAPHS, IN ADDITION TO ANY OTHER
REMEDIES AVAILABLE TO THE COMPANY.
8
6.6
SURVIVAL; MODIFICATION OF TERMS.
EXECUTIVE'S OBLIGATIONS UNDER
PARAGRAPHS 6.1 THROUGH 6.4 HEREOF SHALL REMAIN IN FULL FORCE AND EFFECT FOR THE
ENTIRE PERIOD PROVIDED THEREIN NOTWITHSTANDING THE TERMINATION OF THE EMPLOYMENT
TERM PURSUANT TO SECTION 7 HEREOF OR OTHERWISE.
EXECUTIVE AND THE COMPANY AGREE
THAT THE RESTRICTIONS AND REMEDIES CONTAINED IN PARAGRAPHS 6.1 THROUGH 6.4 ARE
REASONABLE AND THAT IT IS EXECUTIVE'S INTENTION AND THE INTENTION OF THE COMPANY
THAT SUCH RESTRICTIONS AND REMEDIES SHALL BE ENFORCEABLE TO THE FULLEST EXTENT
PERMISSIBLE BY LAW.
IF IT SHALL BE FOUND BY A COURT OF COMPETENT JURISDICTION
THAT ANY SUCH RESTRICTION OR REMEDY IS UNENFORCEABLE BUT WOULD BE ENFORCEABLE IF
SOME PART THEREOF WERE DELETED OR THE PERIOD OR AREA OF APPLICATION REDUCED,
THEN SUCH RESTRICTION OR REMEDY SHALL APPLY WITH SUCH MODIFICATION AS SHALL