4. Non-Disparagement. I agree not to make any disparaging
statements concerning the Company or any of its Affiliates, or its or their current or former officers, directors, shareholders, employees or agents; provided that I shall not be obligated to refrain from making disparaging statements concerning any
current or former officer, director, shareholder, employee or agent who makes or has made a statement that is disparaging of me. Notwithstanding the foregoing, nothing in this Agreement is intended to limit or restrict any rights I may have under
Section 7 of the National Labor Relations Act, to the extent applicable to me, including without limitation the right to engage in concerted activities for the purpose of collective bargaining or other mutual aid or protection.
5. No Assignment. I represent that I have not assigned to any other person or entity any Claims against any Releasee.
6. Consideration.
I acknowledge that I
received a copy of this Agreement at the time I received a copy of the Plan, that I have had an adequate opportunity to consider this Agreement and that I have knowingly and voluntarily entered into this Agreement. I understand that to accept this
Agreement, I must deliver a signed Agreement, either via email or through certified mail, return receipt requested, to the Companys then most senior Human Resources professional (HR) no later than the Release Return Date.
I further acknowledge that this Agreement shall become effective on the date I execute it.
7. Other Terms.
a. Legal
Representation; Review of Agreement. I acknowledge that I have been advised to discuss all aspects of this Agreement with my attorney, that I have carefully read and fully understand all of the provisions of this Agreement and that I am
voluntarily entering into this Agreement.
b. Binding Nature of Agreement. This Agreement shall be binding upon me and upon my
heirs, administrators, representatives and executors.
c. Amendment. This Agreement may be amended only upon a written agreement
executed by the Company and me.
d. Severability. In the event that at any future time it is determined by an arbitrator or court
of competent jurisdiction that any covenant, clause, provision or term of this Agreement is illegal, invalid or unenforceable, the remaining provisions and terms of this Agreement shall not be affected thereby and the illegal, invalid or
unenforceable term or provision shall be severed from the remainder of this Agreement. In the event of such severance, the remaining covenants shall be binding and enforceable.
e. Governing Law and Interpretation. This Agreement shall be deemed to be made and entered into in the State of Delaware and shall in
all respects be interpreted, enforced and governed under the laws of State of Delaware, without giving effect to the conflict of laws principles of Delaware law. The language of all parts of this Agreement shall in all cases be construed as a whole,
according to its fair meaning, and not strictly for or against either the Company or me.
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