Health Net 2011 Annual Report Download - page 250

A-5
Employee waives any right to bring a lawsuit against the Company, and waives any right to any individual monetary recovery in
any such proceeding or lawsuit or in any proceeding brought based on any communication by Employee to any federal, state or
local
g
overnment a
g
enc
y
or de
p
artment.
9. In addition, Employee shall, without further compensation, cooperate with and assist the Company in the investigation of,
preparation for or defense of any actual or threatened third party claim, investigation or proceeding involving the Company or its
predecessors or affiliates and arising from or relating to, in whole or in part, Employee’s employment with the Company or its
predecessors or affiliates for which the Company requests Employee’s assistance, which cooperation and assistance shall
include, but not be limited to, providing truthful testimony and assisting in information and document gathering efforts. In
connection herewith, it is agreed that the Company will use its reasonable best efforts to assure that any request for such
coo
p
eration will not undul
y
interfere with Em
p
lo
y
ee’s other material business and
p
ersonal obli
g
ations and commitments.
10. Employee agrees he or she shall return to the Company immediately upon termination of employment any building key(s),
security pass or other access or identification cards and any and all Company property in his or her possession, including but not
limited to any books, documents, credit cards, computer equipment, software, mobile phones or data files. Employee agrees to
submit all expense accounts and to pay promptly the outstanding balance on each corporate credit card that the Company
p
reviousl
y
issued to Em
p
lo
y
ee.
11. Employee shall not, without the Company’s written consent by an authorized representative, at any time prior or subsequent to
the execution of this Release, disclose, use, remove or copy any Confidential Information, trade secret or proprietary information
he or she acquired during the course of his or her employment by the Company. “Confidential Information,” for purposes of this
Agreement, includes any information not previously published or generally in the public domain. Confidential information, trade
secrets and proprietary information includes without limitation, any technical, actuarial, economic, financial, procurement,
provider, enrollee, customer, underwriting, contractual, managerial, marketing or other information of any type regarding the
business in which the Company is engaged, but not including any previously published information or other information
generally in the public domain. Employee also agrees that he or she shall not without the Company’s written consent by an
authorized representative, directly or indirectly use the Company’s trade secret information, including but not limited to
customer lists, to solicit business of an
y
customers of the Com
p
an
y
(other than on behalf of the Com
p
an
y
).
12. In addition to any other part or term of this Release, Employee agrees that he or she shall not, for a period of one (1) year from
the date of this Agreement, regardless of the reason for Employee’s termination of employment, without the Company’s written
consent by an authorized representative, on his or her own behalf or on behalf of any other person, either directly or indirectly,
solicit, recruit, encourage or induce any employee, agent, provider, vendor or independent contractor with whom Employee
became acquainted during the course of employment to terminate such a person’s or entity’s relationship with the Company or
to associate with a com
p
etitor of the Com
p
an
y
. The
p
rohibitions