8x8 2001 Annual Report Download - page 89

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and/or any officer, director, employee, agent, representative, shareholder or attorney of the Company and/or Netergy Canada, unless under a
subpoena or other court order to do so.
11. Non-Disparagement. Each party agrees to refrain from any defamation, libel or slander of the other, or tortious interference with the
contracts and relationships of the other. All inquiries by potential future employers of Employee will be directed to the Company 's Vice
President of Human Resources. Upon inquiry, the Company shall only state the following: Employee 's last position and dates of employment.
12. No Admission of Liability. The Parties understand and acknowledge that this Agreement constitutes a compromise and settlement of
disputed claims. No action taken by the Parties hereto, or either of them, either previously or in connection with this Agreement shall be
deemed or construed to be (a) an admission of the truth or falsity of any claims heretofore made or (b) an acknowledgment or admission by
either party of any fault or liability whatsoever to the other party or to any third party.
13. Costs. The Parties shall each bear their own costs, expert fees, attorneys' fees and other fees incurred in connection with this Agreement.
14. Authority. The Company and Netergy Canada represents and warrants that the undersigned has the authority to act on behalf of the
Company and Netergy Canada and to bind the Company and Netergy Canada and all who may claim through it to the terms and conditions of
this Agreement. Employee represents and warrants that he has the capacity to act on his own behalf and on behalf of all who might claim
through him to bind them to the terms and conditions of this Agreement. Each Party warrants and represents that there are no liens or claims of
lien or assignments in law or equity or otherwise of or against any of the claims or causes of action released herein.
15. No Representations. Each party represents that it has had the opportunity to consult with an attorney, and has carefully read and
understands the scope and effect of the provisions of this Agreement. Neither party has relied upon any representations or statements made by
the other party hereto which are not specifically set forth in this Agreement.
16. Severability. In the event that any provision hereof becomes or is declared by a court of competent jurisdiction to be illegal, unenforceable
or void, this Agreement shall continue in full force and effect without said provision.
17. Entire Agreement. This Agreement represents the entire agreement and understanding between the Company, Netergy Canada and
Employee concerning Employee's separation from the Company and termination of his assignment to Netergy Canada, and supersedes and
replaces any and all prior agreements and understandings concerning Employee's relationship with the Company and/or Netergy Canada, his
compensation by the Company and assignment to Netergy Canada.
18. No Oral Modification. This Agreement may only be amended in writing signed by Employee and the President of the Company.
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