|VI. || |
ACKNOWLEDGEMENT AND APPROVAL
A. Employee has carefully read and fully understands all the provisions of this Agreement, and that acknowledges that Employee has not relied upon any representation or statement, written or oral, not set forth in this Agreement.
B. Except for the provisions of the Employment Agreement that survive or are expressly incorporated into this Agreement, and the Resignation Policies, Employee acknowledges that this Agreement constitutes the entire agreement between the parties hereto and supersedes all prior negotiations, understandings and agreements, whether oral or written of any nature whatsoever that is the subject matter hereof, and there are no representations, warranties, understandings or agreements other than those expressly set forth herein between the Company and Employee. Employee further acknowledges that if the terms of this Agreement and the Employment Agreement differ, this Agreement shall govern.
C. This Agreement, and all the provisions contained herein, shall be binding upon, and shall inure to the benefit of, the parties hereto, and their respective heirs, successors, and assigns.
D. In the event any provision of this Agreement is deemed invalid, illegal, void or unenforceable, such provision will be regarded as stricken from the Agreement, and will not affect the validity or enforceability of the remainder of the Agreement.
E. This Agreement is to be construed under the laws of the State of Nevada and federal law as applicable. Except to the extent governed by ERISA and the Resignation Policies, any dispute arising under this Agreement shall be governed by the arbitration provisions of Exhibit B of the Employment Agreement, and this Agreement incorporates Exhibit B by reference into this Agreement. The Company reserves all rights and remedies otherwise provided under the Employment Agreement, unless specifically waived herein.
|VII. || |
NO INTERFERENCE WITH RIGHTS
A. Nothing in this Agreement including, but not limited to the release of claims, acknowledgements, confidentiality, non-disparagement, confidential information, attorneys fees, and cooperation provisions, prevent Employee from communicating and cooperating in good faith with the EEOC, National Labor Relations Board, the Securities and Exchange Commission, or any other self-regulatory organization or any other federal, state or local agency (each a Government Agency) for the purpose of (i) reporting a possible violation of any U.S. federal, state, or local law or regulation, (ii) filing a charge or complaint with a Government Agency, (iii) participating in an investigation or proceeding conducted by a Government Agency, (iv) exercising rights under Section 7 of the NLRA to engage in protected, concerted activity with other employees, although by signing this Agreement Employee is waiving rights to individual relief (including any money damages, reinstatement or other legal or equitable relief) in any charge, complaint, or lawsuit or other proceeding brought by Employee or on Employees behalf by any third party, except where such a waiver of individual relief is prohibited.