Occidental Petroleum 2001 Annual Report Download - page 97

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(b) Return of Documents. Employee agrees that, at the time of leaving
the employ of Employer, he will deliver to Employer, and not keep or deliver to
anyone else, any and all credit cards, notes, notebooks, memoranda, documents
and, in general, any and all material relating to Employer's business, including
copies thereof, whether in paper or electronic format.
7. Modification. This Agreement and its attachments contain all the terms
and conditions agreed upon by the parties hereto, and no other agreements, oral
or otherwise, regarding the subject matter of this Agreement shall be deemed to
exist or bind either of the parties hereto. This Agreement cannot be modified
except by a subsequent writing signed by both parties.
8. Prior Agreement. This Agreement supersedes and replaces any and all
previous agreements and understandings between the parties, including without
limitation the May 14, 1997 Employment Agreement.
9. Severability. If any provision of this Agreement is illegal and
unenforceable in whole or in part, the remainder of this Agreement shall remain
enforceable to the extent permitted by law.
10. Governing Law. This Agreement shall be construed and enforced in
accordance with the laws of the State of California. In the event that any
ambiguity or questions of intent or interpretation arise, no presumption or
binder of proof shall arise favoring or disfavoring the Employer by virtue of
authorship of this Agreement and the terms and provisions of this Agreement
shall be given their meaning under law.
11. Assignment. This Agreement shall be binding upon Employee, his heirs,
executors and assigns and upon Employer, its successors and assigns.
5
12. Arbitration. In consideration for entering into this Agreement and for
the position, compensation, benefits and other promises provided hereunder, the
Employee and Employer agree to be bound by the arbitration provisions attached
hereto as Annex II and incorporated herein by this reference.
No Change of Control of Employer (as defined below) shall be deemed to
amend the terms and conditions of this Agreement. For purposes of this Agreement
a "Change of Control of Employer" shall be deemed to have occurred if, after the
date of this Agreement, any person, corporation or other entity becomes the
beneficial owner, directly or indirectly, of 25% or more of the combined voting
power of Employer's then outstanding voting securities.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day
and year first above written.
OCCIDENTAL PETROLEUM CORPORATION
By /s/ RAY R. IRANI
-----------------------------
Dr. Ray R. Irani
/s/ J. ROGER HIRL
--------------------------------
J. Roger Hirl
6
ANNEX I