Dollar Rent A Car 2011 Annual Report Download - page 154

5. Non-Solicitation. During the Consulting Period, Executive shall not, without the prior written consent of the Company, directly or
indirectly, hire or solicit for employment on behalf of himself or any other person or entity any individual who is employed by the Company or any of its
affiliates at the time of such hire or solicitation, or was employed by the Company or its affiliates at any time during the immediately preceding twelve (12)
month period, or encourage any such person to leave the employment of the Company.
6. Confidentiality/Nondisclosure. Executive acknowledges and agrees that during the duration of his employment with the Company and in
connection with Executive performing the Consulting Services, Executive, has and will have access to and the opportunity to acquire Confidential Information
(as defined below). Executive shall receive and maintain in strictest confidence such Confidential Information and shall not disclose such Confidential
Information, or any part thereof, to any third party, without the prior written consent of the Company. Any Confidential Information or copies thereof
furnished to Executive by the Company shall be returned to the Company upon the Company’s request. In the event it becomes necessary for the Company to
enforce this provision, the parties agree that injunctive relief is appropriate and necessary to protect the Company’s interest in the Confidential
Information. The obligations contained in this Section shall survive any termination of this Agreement regardless of the cause or reason for termination.
“Confidential Information” means any proprietary information in any form relating to the Company and/or its affiliates, including, but not limited
to, pricing, marketing, financial, business methods, operating and customer information, or any other information important to the competitive position of the
Company or its affiliates which is not otherwise in the public domain. However, the following will not be considered Confidential Information: (a) information
that was already known to Executive without the obligation of confidentiality prior to disclosure by the Company; (2) information that is in the public domain
through no fault or action of Executive; and (3) information which Executive is required through legal or administrative process to disclose, provided that
notice of such required disclosure shall be delivered to the Company in adequate time to reasonably allow the Company to seek a protective order against such
disclosure.
7. Releases by Executive.
(a) In consideration of the Company’s agreement to enter into this Agreement and accept the provision by Executive of the Consulting
Services, Executive, for himself and his dependents, successors, assigns, heirs, executors and administrators, hereby releases, dismisses, remises
and forever discharges the Company and all of its parents, subsidiaries, affiliates, divisions, successors, assigns, trustees, officers, directors,
partners, agents, and former and current employees, including without limitation all persons acting by, through, under or in concert with any of
them (collectively, the “Company Releasees”) from any and all arbitrations, claims, including claims for attorney’s fees, demands, damages, suits,
proceedings, actions
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