March 1, 2012
provision of this offer letter is ambiguous as to its compliance with Section 409A of the Code, the provision shall lx read in such a manner so that all payments hereunder comply with Section 4.09A of the Code. The parties agree that this offer letter may be amended as unreasonably requested by either party, and as may be necessary to fully comply with Section 409A of the Code and all related rules and regulations in order to preserve the payments and benefits provided hereunder without additional cost to either party. The Company makes ho representation or warranty sad shall have 110 liability to you or any other person if any provisions of this offer letter are determined to constitute deterred compensation subject to Section 409A of the Code but do not satisfy an exemption from, or the conditions of, such Section..
By signing below, you hereby confirm that the performance of your position at the Company does not cad will riot breach any agreement entered into by you prior to employment with the Company. (i.e., you have not entered into any agreement with previous employers that are in conflict with your obligations to the Company). Please provide us with a copy of any such agreements.
You will also be required to sign a Confidentiality and Assignment Agreement as a condition of your employment with (he Company which requires, among other provision; the assignment of patent rights to any invention made during your employment at the Company and non-disclosure of Company proprietary information.
Moreover, as a condition of commencing employment, you will be required to provide, for purposes of completing the I-9 form, sufficient documentation to demonstrate your eligibility to work in the United States.
This letter contains the aka!, total and. complete agreement between you and the Company regarding your employment status and low your employment may be terminated. Even though your job duties, title, reporting relationships, compensation and benefits, as well as the Companys personnel policies and procedures, may be changed by the Company, at its option, from time to time during your tenure here, neither you nor the Company can change the at-will Impale of your employment, absent a written contract signed by an officer of the Company.
This offer of employment will terminate if it is not accepted, signed and returned to the attention of Ashley Griffeth via rasa or email (a ***@***) by March 1st, 2012. We truly look forward to working with you and building peerTransfcr into an outstanding company.
|/s/ Iker Marcaide
Founder & COE