Kodak 2013 Annual Report Download - page 157

(2) This Section 7 may limit your ability to earn a livelihood. You acknowledge, however, that complying with this Section 7 will
not result in severe economic hardship for you or your family.
(c) Transition Assistance . During the 90 days after Termination Notice has been given, you will take all actions the Company may
reasonably request to maintain for the Company the business, goodwill and business relationships with any Clients.
(d) Notice to New Employers . Before you accept employment with any other person or entity while your Employee’s Agreement is in
effect, you will provide the prospective employer with written notice of the provisions of the Employee’s Agreement and will deliver a copy of
the notice to the Company.
8. Effect on Other Agreements
(a) Prior Employment Agreements and Severance Rights . This Agreement will supersede any earlier employment agreement and any
earlier severance, change in control or similar rights you may have with any member of the Company.
(b) Release of Executive Protection Plan Claims . The Eastman Kodak Company Executive Protection Plan (the “ExPP”) was not
assumed pursuant to the Plan of Reorganization. The consideration offered herein is accepted by you as being in full accord, satisfaction,
compromise and settlement of any and all claims that you may have against the Company that exist on or prior to the Effective Date arising out
of or concerning amounts that are or may have been due and owing to you pursuant to the ExPP, and you expressly agree that you are not
entitled to and will not receive any payments, benefits or other compensation or recovery of any kind from the Company with respect to the
ExPP.
(c) Effect on Other Agreements; Entire Agreement . This Agreement is the entire agreement between you and the Company with respect
to the relationship contemplated by this Agreement and supersedes any earlier agreement, written or oral, with respect to the subject matter of
this Agreement. In entering into this Agreement, no party has relied on or made any representation, warranty, inducement, promise or
understanding that is not in this Agreement.
9. Successors
(a) Assignment by You . You may not assign this Agreement without the Company’s consent. Also, except as required by law, your right
to receive payments or benefits under this Agreement may not be subject to execution, attachment, levy or similar process. Any attempt to
effect any of the preceding in violation of this Section 9(a), whether voluntary or involuntary, will be void.
(b) Assumption by Any Surviving Company. Before the effectiveness of any merger, consolidation, statutory share exchange or similar
transaction (including an exchange offer combined with a merger or consolidation) involving the Company (a “ Reorganization ”) or any sale,
lease or other disposition (including by way of a series of transactions or by way of merger, consolidation, stock sale or similar transaction
involving one or more subsidiaries) of all or substantially all of the Company’s consolidated assets (a “ Sale ”), the Company will cause (1) the
Surviving Company to unconditionally assume this Agreement in writing and (2) a copy of the assumption to be provided to you. After the
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