Lexmark 2012 Annual Report Download - page 175

prejudice to any other rights and remedies that the Company may have for a breach of this Agreement. This Agreement will be governed by and construed
according to the laws of the state of Kansas and will be binding upon the employee’s heirs, executors, administrators and other legal representatives and will be
for the benefit of the Company, its successors, and its assigns. In addition, the provisions of this Agreement shall survive the termination of the employee’s
employment and the assignment of this Agreement by the Company to any successor in interest or other assignee.
8.3 Employment. By signing below, the employee agrees and understands that nothing in this Agreement shall confer any right with respect to
continuation of employment by the Company, nor shall it interfere in any way with the employee’s right or the Company’s right to terminate the employee’s
employment at any time, with or without cause.
8.4 Waiver. No wavier by the Company of any breach of this Agreement shall be a waiver of any preceding or succeeding breach. No waiver by the
Company of any right under this Agreement shall be construed as a waiver of any other right. The Company shall not be required to give notice to enforce
strict adherence to all terms of this Agreement.
8.5 Entire Agreement. The obligations pursuant to Sections 1 and 2 of this Agreement shall apply to any time during which the employee was
previously employed, or is in the future employed, by the Company as a consultant if no other agreement governs nondisclosure and assignment of inventions
during such period. This Agreement is the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and
merges all prior discussions between the employee and the Company. No modification of or amendment to this Agreement, nor any waiver of any rights under
this Agreement, will be effective unless in writing and signed by the party to be charged. Any subsequent change or changes in the employee’s duties, salary or
compensation will not affect the validity or scope of this Agreement.
This Agreement shall be effective as of the first day of the employee’s employment with the Company, namely: , .
In consideration of my employment or continued employment the PERCEPTIVE SOFTWARE (the “Company”), and the compensation now
and hereafter paid to me, by signing below I hereby agree to be bound to the terms and conditions set forth in the above Statement of Employee
Obligations and Agreement Involving Proprietary Information and Inventions. By signing below, I also acknowledge that I have carefully read the
above Statement and Agreement and understand its terms. I also acknowledge that I have completely filled out Exhibit A to this Statement and
Agreement.
Dated:
(Signature of Employee)
(Printed Name)
ACCEPTED AND AGREED TO:
PERCEPTIVE SOFTWARE
By:
Title:
Dated: