Tyson Foods 2014 Annual Report Download - page 145

other rights and remedies Tyson may have at law or in equity. You acknowledge that irreparable damage would result
to Tyson if the provisions of this Agreement are not specifically enforced, and that, in addition to any other legal or
equitable relief available, and notwithstanding any alternative dispute resolution provisions that have been or may be
agreed to between Tyson and you, Tyson shall be entitled to injunctive relief in the event of any failure to comply with
the provisions of this Agreement. If you violate any of the terms of this Agreement, you will indemnify Tyson for the
expenses, including but not limited to reasonable attorneys’ fees, incurred by Tyson in enforcing this Agreement.
(i)
Clawback Policies
. In addition to subsection (h) above, any amounts payable under this
Agreement are subject to any policy, whether in existence as of the Effective Date or later adopted, established by
Tyson that provides for the clawback or recovery of amounts that were paid to you under circumstances requiring
clawback or recovery as set forth in such policy. Tyson will make any determinations for clawback or recover in its
sole discretion and in accordance with any applicable law or regulation. Further, notwithstanding any other provisions
of this Agreement, if within one year of the termination of your employment, Tyson becomes aware of facts that would
have allowed Tyson to terminate your employment for Cause (within the meaning of Section 3), then, to the extent
permitted by law:
7. General .
(a)
Enforcement and Severability
. You specifically acknowledge and agree that the purpose of the
restrictions contained in this Agreement is to protect Tyson from unfair competition, including improper use of the
Confidential Information by you, and that the restrictions and covenants contained herein are reasonable with respect to
both scope and duration of application. Notwithstanding the foregoing, if any court determines that any of the terms
herein are unreasonable, invalid or unenforceable, the court may interpret, alter, amend or modify any or all of the
terms to
14
EA102412-9999
(i)
Tyson may elect to cancel any and all payments of benefits otherwise due to you, but not
yet paid, under this Agreement or otherwise; and
(ii)
you will refund to Tyson any amounts, plus interest, previously paid by Tyson to you in
excess of your Accrued Compensation and Plan Benefits (within the meaning of Section
4).