SUCH PROVISION OF THIS
AGREEMENT.
EMPLOYEE FURTHER AGREES THAT NO BOND OR OTHER SECURITY SHALL BE
REQUIRED IN OBTAINING SUCH EQUITABLE RELIEF AND EMPLOYEE HEREBY CONSENTS TO THE
ISSUANCE OF SUCH INJUNCTION AND TO THE ORDERING OF SPECIFIC PERFORMANCE.
SECTION 6.
MISCELLANEOUS
6.1
PRIOR EMPLOYMENT.
EMPLOYEE REPRESENTS AND AGREES THAT, ON THE DATE
HEREOF, HE IS NOT A PARTY TO, AND WILL NOT AS OF THE EFFECTIVE DATE BE A PARTY
TO, OR SUBJECT TO, ANY OTHER EMPLOYMENT, NON-COMPETITION, JOINT VENTURE,
PARTNERSHIP OR OTHER AGREEMENT OR RESTRICTION THAT WOULD BE VIOLATED BY HIS
EMPLOYMENT WITH THE COMPANY OR HIS OR THE COMPANY'S RIGHTS AND OBLIGATIONS
HEREUNDER; AND THAT HIS EMPLOYMENT AND THE PERFORMANCE OF HIS DUTIES HEREUNDER
WILL
not breach the provisions of any contract, agreement, or understanding to which
he is party or bound or any duty owed by him to any other person.
Employee
agrees that he will not hereafter become a party to or be bound by any such
conflicting agreement.
6.2
RIGHT TO WORK.
WITHIN THE FIRST SEVENTY-TWO (72) HOURS OF THE
EFFECTIVE DATE, EMPLOYEE MUST PROVIDE TO THE COMPANY PROOF OF EMPLOYEE'S
ELIGIBILITY TO WORK IN THE UNITED STATES, AS REQUIRED UNDER THE IMMIGRATION
REFORM & CONTROL ACT.
IF EMPLOYEE FAILS TO PROVIDE THIS INFORMATION IN A TIMELY
MANNER, THE COMPANY MAY PROVIDE EMPLOYEE WRITTEN NOTICE THAT IT IS TERMINATING
THIS AGREEMENT AND, UPON SUCH TERMINATION, NEITHER PARTY SHALL HAVE ANY
LIABILITY OR OBLIGATION TO THE OTHER UNDER THIS AGREEMENT.
6.3
PAYMENT DATES AND PAYMENTS.
THE COMPANY SHALL BE DEEMED TO HAVE
COMPLIED WITH THE PAYMENT DATES REFERENCED IN THIS AGREEMENT IF THE COMPANY PAYS
EMPLOYEE ON THE PAYROLL PAY DATE THAT CORRESPONDS TO THE PAY PERIOD DURING WHICH
THE RELEVANT PAYMENT DATE FALLS.
ALL PAYMENTS HEREUNDER SHALL BE SUBJECT TO
APPLICABLE WITHHOLDINGS AND TAXES.
6.4
SEVERABILITY; SURVIVAL.
NOTHING IN THIS AGREEMENT IS INTENDED TO
VIOLATE ANY LAW OR SHALL BE INTERPRETED TO VIOLATE ANY LAW.
IN THE EVENT THAT
ANY PROVISION CONTAINED IN THIS AGREEMENT SHALL BE DETERMINED BY ANY COURT OF
COMPETENT JURISDICTION TO BE OVERBROAD AND/OR UNENFORCEABLE,
THEN THE COURT
MAKING SUCH DETERMINATION SHALL HAVE THE AUTHORITY TO NARROW THE PROVISION AS
NECESSARY TO MAKE IT ENFORCEABLE AND THE PROVISION SHALL THEN BE ENFORCEABLE IN
ITS NARROWED FORM.
MOREOVER, EACH PROVISION OF THIS AGREEMENT IS INDEPENDENT OF
AND SEVERABLE FROM EACH OTHER.
IN THE EVENT THAT ANY PROVISION IN THIS
AGREEMENT IS DETERMINED TO BE LEGALLY INVALID OR UNENFORCEABLE BY A COURT AND IS
NOT MODIFIED BY A COURT TO BE ENFORCEABLE, THE AFFECTED PROVISION SHALL BE
STRICKEN FROM THE AGREEMENT, AND THE REMAINING PROVISIONS OF THIS AGREEMENT
SHALL REMAIN IN FULL, FORCE AND EFFECT..
FOR PURPOSES OF THIS SECTION 6.4, A
"PROVISION" OF THIS AGREEMENT SHALL MEAN ANY SECTION OR SUBSECTION OF THIS
AGREEMENT OR ANY SENTENCE OR CLAUSE WITHIN ANY SECTION OR SUBSECTION OF THIS
AGREEMENT.
THE PROVISIONS OF SECTIONS 2.3(C)(II), 3.8, 4, 5 AND 6 OF THIS
AGREEMENT SHALL SURVIVE THE TERMINATION OF EMPLOYEE'S EMPLOYMENT AND THE
TERMINATION