National Grid 2008 Annual Report Download - page 481

BOWNE INTEGRATED TYPESETTING SYSTEM
CRC: 60612
Name: NATIONAL GRID
Date: 17-JUN-2008 03:10:51.35Operator: BNY99999TPhone: [phone]Site: BOWNE OF NEW YORK
Y59930.SUB, DocName: EX-4.C.9, Doc: 10, Page: 21
Description: EXH 4(C).9
0/3890.00.00.00Y59930BNY
[E/O] EDGAR 2 *Y59930/890/3*
BOWNE INTEGRATED TYPESETTING SYSTEM
CRC: 60612
Name: NATIONAL GRID
Date: 17-JUN-2008 03:10:51.35Operator: BNY99999TPhone: [phone]Site: BOWNE OF NEW YORK
Y59930.SUB, DocName: EX-4.C.9, Doc: 10, Page: 21 Description: EXH 4(C).9
0/3890.00.00.00Y59930BNY
[E/O] EDGAR 2 *Y59930/890/3*
- 20 -
date the a
g
reement was entered into (except for those terms implied by law which cannot be excluded by the a
g
reement
of the parties). The Executive acknowled
g
es that he has not been induced to enter into this A
g
reement by any
representation, warranty or undertakin
g
not expressly incorporated into it. The Executive a
g
rees and acknowled
g
es that
his only ri
g
hts and remedies in relation to any representation, warranty or undertakin
g
made or
g
iven in connection with
this A
g
reement (unless such representation, warranty or undertakin
g
was made fraudulently) will be for breach of the
terms of this Agreement, to the exclusion of all other rights and remedies (including those in tort or arising under statute).
20.8 Neither
p
art
y
’s ri
g
hts or
p
owers under this A
g
reement will be affected if:
20.8.1 one party delays in enforcing any provision of this Agreement; or
20.8.2 one
p
art
y
g
rants time to the other
p
art
y
.
20.9 References to any statutory provisions include any modifications or re-enactments of those provisions.
20.10 Headin
g
s will be i
g
nored in construin
g
this A
g
reement.
20.11 If either party a
g
rees to waive his or its ri
g
hts under a provision of this A
g
reement, that waiver will only be effective if it is in
writin
g
and it is si
g
ned by him or it. A party’s a
g
reement to waive any breach of any term or condition of this A
g
reement
will not be re
g
arded as a waiver of any subsequent breach of the same term or condition or a different term or condition.
20.12 The Executive hereby confirms that the execution of this A
g
reement and performance of his obli
g
ations under this
A
g
reement do not and will not conflict with, violate the terms of, or constitute a default under, and will be in compliance
with any a
g
reement or instrument to which he is a party or by which he is bound, or to which he is subject. The Executive
further confirms that he is not party to any employment contract, confidentiality a
g
reement or other a
g
reement that
contains any restriction that will affect the performance of his duties hereunder. Executive represents that (A) his
ne
g
otiations with the Group have not interfered with his duties as an employee, partner or member of another entity,
(B) he has not and will not solicit or encourage any employee of another entity to leave such entity’s employment in
violation of any a
g
reement between such entity and the Executive and (C) he has not, and will not, use, retain or disclose
to the Group any confidential information of another entity.
20.13 This A
g
reement is in consideration of the mutual covenants contained in it. The parties hereto acknowled
g
e the receipt
and sufficiency of the