Burger King 2009 Annual Report Download - page 174

building, customer lists, computer disks, reports, files, e−mails, work papers, Work Product, documents, memoranda, records and software,
computer access codes or disks and instructional manuals, internal policies, and other similar materials or documents which Executive used,
received or prepared, helped prepare or supervised the preparation of in connection with Executive’s employment with the Company.
Executive agrees not to retain any copies, duplicates, reproductions or excerpts of such material or documents.
13. Compliance With Company Policies. During Executive’s employment with the Company, Executive shall be governed by and be
subject to, and Executive hereby agrees to comply with, all Company policies, procedures, rules and regulations applicable to employees
generally or to employees at Executive’s grade level, including without limitation, the Burger King Companies’ Code of Business Ethics and
Conduct, in each case, as they may be amended from time to time in the Company’s sole discretion (collectively, the “Policies”).
14. Data Protection & Privacy.
(a) Executive acknowledges that the Company, directly or through its Affiliates, collects and processes data (including personal
sensitive data and information retained in email) relating to Executive. Executive hereby agrees to such collection and processing and further
agrees to execute the Burger King Corporation Employee Consent to Collection and Processing of Personal Information, a copy of which is
attached to this Agreement as Attachment 1, unless a previously executed copy of such Consent is on file with the Company.
(b) To ensure regulatory compliance and for the protection of its workers, customers, suppliers and business, the Company reserves
the right to monitor, intercept, review and access telephone logs, internet usage, voicemail, email and other communication facilities provided
by the Company which Executive may use during his employment with the Company. Executive hereby acknowledges that all
communications and activities on Company equipment or premises cannot be presumed to be private.
15. Injunctive Relief with Respect to Covenants; Forum, Venue and Jurisdiction. Executive acknowledges and agrees that a breach by
Executive of any of Section 10, 11, 12, 13 or 14 is a material breach of this Agreement and that remedies at law may be inadequate to protect
the Company and its Affiliates in the event of such breach, and, without prejudice to any other rights and remedies otherwise available to the
Company, Executive agrees to the granting of injunctive relief in the Company’s favor in connection with any such breach or violation without
proof of irreparable harm, plus attorneys’ fees and costs to enforce these provisions. Executive further acknowledges and agrees that the
Company’s obligations to pay Executive any amount or provide Executive with any benefit or right pursuant to Section 9 is subject to
Executive’s compliance with Executive’s obligations under Sections 10 through 14 inclusive, and that in the event of a breach by Executive of
any of Section 10, 11, 12, 13 or 14, the Company shall immediately cease paying such benefits and Executive shall
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