WeightWatchers 2015 Annual Report Download - page 133

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In case of breach by the Employee of this non-compete obligation, she shall automatically pay to the Company a penalty which is
presently fixed at a flat rate equal to the amount of the monthly compensation stated above. This penalty will be due for each breach,
without prior notice to cease the competitive activity.
The payment of this penalty shall not deprive the Company from its rights to sue the Employee for damages due to the economic and
moral harm linked to the breach by the Employee of her non-compete obligation or from its rights to seek an injunction against the
Employee to cease immediately the competitive activity.
However, the Company shall have the right to waive the non-compete obligation and thus to waive the Employee’s right to the
payment of the non-compete compensation, either at any time during the execution of the employment relationship, or upon the
termination of the employment contract.
The decision to waive the non-compete obligation shall be notified to the Employee by registered letter with acknowledgment of
receipt, at the latest upon the date of the effective departure of the Employee.
The remaining terms and conditions of the initial employment contract entered into between the Employee and the Company on
6 October 2003 which are not amended by this addendum remain unchanged and in force.
The contract as well as the rights and obligations of the Parties which result there from shall be governed by and construed in
accordance with French law. In the event of a dispute between the Company and the Employee, French jurisdiction shall be
competent.
The present employment contract is drafted in English and French language on which both Parties agree. The English version is made
for information purposes only. In case of dispute the French version only shall prevail.
Executed in Guyancourt, on
In two originals, one for each Party.
/s/ Nicholas Hotchkin
For W
EIGHT
W
ATCHERS
F
RANCE
*
N
icholas Hotchkin
Duly empowered for the purpose hereof
/s/ Corinne Pollier-Bousquet
Madame Corinne POLLIER-BOUSQUET *
*Before signing, both Parties handwrite the following: «Read and approved.
Good for agreement on all the terms and conditions included»
7.
R
EMAINING
TERMS
AND
CONDITIONS
8. G
OVERNING
LAW
9. L
ANGUAGE