| || Company of all instances of any alleged regulatory violations or potential noncompliance of law by the Company of which he is aware. Executive further agrees that he will make no knowing and intentional misstatements of fact to Jones Day and Ankura investigators in interviews. |
| ||(e) || |
Access. Executive agrees that the Company may limit or prohibit access to the Companys electronic communications systems including computer hardware, desk top computers, lap top computers, telephones, software, voicemail, e-mail, the network and all data and Company assets, including but not limited to Company bank accounts.
| ||(f) || |
Authority. Executive may not bind the Company contractually or otherwise unless approved by Cooper.
Section 3 of the Agreement is hereby amended by deleting such section in its entirety.
Section 5(b) of the Agreement is hereby amended by adding the following clause as subpart (iii).
The following shall not be deemed a Good Reason event, a material diminution in the nature and scope the Executives authorities or duties, or a material breach of this Agreement: (a) any placement by the Company of Executive on Administrative Leave and (b) any actions taken by the Company consistent with this Amendment.
Section 5(h) of the Agreement is hereby amended in its entirety to read as follows
Although remaining an employee of the Company, Executive shall be deemed to have resigned from each position that he held as a director or officer of the Company prior to the date he signs this Amendment. Executive shall, at the request of the Company, forthwith execute any and all documents appropriate to evidence such resignations.
The Agreement is hereby amended by adding the following paragraph as Section 27.
Preservation of Confidential Information. Executive agrees and represents that, during the Term, Executive will preserve all documents in his possession that constitute Confidential Information, and any and all Company property, including, but not limited to, smart phones, tablets, electronic storage devices, hard drives, laptop computers, desk top computers software and related program passwords, including any Confidential Information that resides on any of Executives personal electronic devices
Except as specifically modified herein, the Agreement shall remain in full force and effect in accordance with all of the terms and conditions thereof. For the avoidance of doubt, nothing herein
Employment Agreement Amendment Hastings