8x8 2001 Annual Report Download - page 78

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indemnify Employee in the same manner as its other officers and directors. Finally, nothing stated herein shall adversely affect any rights
Employee may have under the Company's 401(k) plan.
7. Civil Code Section 1542. The Parties represent that they are not aware of any claims against each other except for those claims that are
released by this Agreement. Moreover, the Parties agree and represent that it is within their contemplation that they may have claims against
each other of which, at the time of the execution of this Agreement, they have no knowledge or suspicion, but that this Agreement extends to
claims in any way based upon, connected with or related to the matters described in paragraph 6, whether or not known, claimed or suspected
by the Parties. The Parties acknowledge that they are familiar with the provisions of California Civil Code Section 1542, which provides as
follows:
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN
HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED
HIS SETTLEMENT WITH THE DEBTOR.
The Parties, being aware of said code section, and any other similar state or federal statute, agree to expressly waive any rights they may have
thereunder, as well as under any other statute or common law principles of similar effect.
8. Confidentiality. The Parties agree to use their best efforts to maintain in confidence the existence of this Agreement, the contents and terms
to take every reasonable precaution to prevent disclosure of any Settlement Information to third parties, and agrees that there will be no
publicity, directly or indirectly, concerning any Settlement Information. The Parties further agree to take every precaution to disclose
members who have a reasonable need to know of such Settlement Information.
9. No Cooperation. Employee agrees that Employee will not counsel or assist any attorneys or their clients in the presentation or prosecution of
any disputes, differences, grievances, claims, charges, or complaints by any third party against the Company and/or any officer, director,
employee, agent, representative, stockholder or attorney of the Company, unless under a subpoena or other court order to do so.
10. Non-Disparagement. Employee agrees to refrain from any defamation, libel or slander of the Company and its officers, directors,
employees, investors, stockholders, administrators, affiliates, divisions, subsidiaries, predecessor and successor corporations, and assigns, or
tortious interference with the contracts and relationships of the Company and its officers, directors, employees, investors, stockholders,
administrators, affiliates, divisions, subsidiaries, predecessor and successor corporations, and assigns. The Company agrees that it will advise
its executive management team to refrain from any defamation, libel or slander of the Employee or from tortiously interfering with the
contracts and business relationships of the Employee.
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