TO THE COMPANY THE
TWO (2) GUITARS PAID FOR BY THE COMPANY.
NOTWITHSTANDING THE FOREGOING, YOU MAY
RETAIN YOUR BLACKBERRY AS PERSONAL PROPERTY; PROVIDED THAT, YOU SHALL THEREFORE
REMOVE AND/OR RETURN ANY INFORMATION RELATED TO THE COMPANY, INCLUDING, WITHOUT
LIMITATION, ANY PROPRIETARY INFORMATION, AND YOU AGREE TO PROTECT THE
CONFIDENTIALITY OF ALL SUCH INFORMATION STORED ON THE BLACKBERRY.
YOU SHALL BE
ALLOWED TO RETAIN THE USE OF YOUR CURRENT CELLULAR TELEPHONE NUMBER.
YOU AGREE
THAT YOU SHALL BE RESPONSIBLE FOR ANY AND ALL CHARGES INCURRED BY SUCH NUMBER
SUBSEQUENT TO THE TERMINATION DATE.
FOR PURPOSES OF CLARITY, IT IS UNDERSTOOD
AND AGREED THAT YOUR CELL PHONE IS, AND REMAINS, YOUR PERSONAL PROPERTY, AND THE
COMPANY AGREES TO ASSIST AND COMPLY WITH ANY REASONABLE REQUEST TO PORT YOUR
CELL PHONE TELEPHONE NUMBER AS MAY BE REQUIRED.
IN ADDITION, YOU MAY RETRIEVE,
WITHIN TEN (10) DAYS OF THE DATE HEREOF, YOUR PERSONAL BELONGINGS AND EFFECTS,
INCLUDING BUT NOT LIMITED TO THE EXCLUDED ASSETS ENUMERATED IN SCHEDULE
2.3(1) OF THE ASSET PURCHASE AGREEMENT.
(E)
NONDISPARAGEMENT.
YOU CONFIRM YOUR OBLIGATION NOT TO DISPARAGE THE
COMPANY IN ACCORDANCE WITH SECTION 9 OF THE EMPLOYMENT AGREEMENT AND REPRESENT
AND WARRANT THAT YOU HAVE COMPLIED WITH IT TO DATE.
YOU AGREE, BY SIGNING THIS
AGREEMENT, THAT YOU WILL NOT AT ANY TIME WITHOUT LIMITATION PUBLISH OR
COMMUNICATE TO ANY PERSON OR ENTITY ANY DISPARAGING (AS DEFINED BELOW) REMARKS,
COMMENTS OR STATEMENTS CONCERNING THE CACHE RELEASED PARTIES (AS DEFINED IN
PARAGRAPH 4 OF THIS AGREEMENT). THE COMPANY AGREES THAT THE COMPANY'S OFFICERS
AND DIRECTORS WILL NOT, AT ANY TIME WITHOUT LIMITATION, PUBLISH OR COMMUNICATE
TO ANY PERSON OR ENTITY ANY DISPARAGING REMARKS, COMMENTS OR STATEMENTS
CONCERNING YOU.
"DISPARAGING" REMARKS, COMMENTS OR STATEMENTS ARE THOSE THAT
IMPUGN THE CHARACTER, HONESTY, INTEGRITY, MORALITY OR BUSINESS ACUMEN OR
ABILITIES IN CONNECTION WITH ANY ASPECT OF THE OPERATION OF BUSINESS OF THE
INDIVIDUAL OR ENTITY BEING DISPARAGED.
NOTHING IN THIS PARAGRAPH SHALL BE
CONSTRUED TO PRECLUDE TRUTHFUL DISCLOSURES IN RESPONSE TO LAWFUL PROCESS AS
REQUIRED BY APPLICABLE LAW, REGULATION, OR ORDER OR DIRECTIVE OF A COURT,
GOVERNMENTAL AGENCY OR REGULATORY ORGANIZATION.
(F)
REMEDIES; SPECIFIC PERFORMANCE.
YOU CONFIRM THE COMPANY'S RIGHT TO
INJUNCTIVE RELIEF PROVIDED IN SECTION 10 OF THE EMPLOYMENT AGREEMENT AND
SECTION 7.4(F) OF THE ASSET PURCHASE AGREEMENT.
THIS RIGHT IS HEREBY
INCORPORATED BY REFERENCE INTO THIS AGREEMENT.
4.
RELEASES.
(A)
RELEASE BY YOU.
IN CONSIDERATION OF THE BENEFITS SET FORTH HEREIN, AND
OTHER GOOD AND VALUABLE CONSIDERATION THAT YOU AGREE YOU WOULD NOT BE ENTITLED
TO WITHOUT EXECUTING THIS AGREEMENT, YOU HAVE NO CLAIM AGAINST THE COMPANY AND
YOU, ON YOUR OWN BEHALF AND ON BEHALF OF YOUR HEIRS, EXECUTORS, ASSIGNS,
REPRESENTATIVES, AGENTS, AND ATTORNEYS (THE "KANTOR RELEASORS")
3
HEREBY IRREVOCABLY GENERALLY RELEASE AND WAIVE (GIVE UP) ANY AND ALL COMPLAINTS,
GRIEVANCES, CLAIMS, CAUSES OF ACTION OR THE LIKE THAT YOU HAD, NOW HAVE OR MAY
HAVE IN THE FUTURE AGAINST THE COMPANY, ITS PARENT COMPANIES, SUBSIDIARIES,
AFFILIATES AND AFFILIATED FUNDS, AND ALL OF THEIR RESPECTIVE PAST AND PRESENT