Avnet 2013 Annual Report Download - page 97

5.3 Return of Documents. Upon termination of ________employment with Avnet, ________shall forthwith deliver to
the Chief Executive Officer of Avnet all documents, customer lists and related documents, price and procedure manuals
and guides, catalogs, records, notebooks and similar repositories of or containing Confidential Information and/or
Developments, including all copies then in his possession or control whether prepared by him or others.
6. Miscellaneous:
6.1 Consent to Arbitration. Except for the equitable relief provisions set forth in Section 6.2 below, Avnet and
________agree to arbitrate any controversy or claim arising out of this Agreement or otherwise relating to
________employment or the termination of employment or this Agreement, in accordance with the provisions of the
Mutual Agreement to Arbitrate Claims, a copy of which is annexed hereto as Exhibit A.
6.2 Equitable Relief. ________acknowledges that any material breach of any of the provisions of Sections 3 and/or 5
would entail irreparable injury to Avnet's goodwill and jeopardize Avnet's competitive position in the marketplace or
Confidential Information, or both, and that in addition to Avnet's other remedies, ________consents and Avnet shall be
entitled, as a matter of right, to an injunction issued by any court of competent jurisdiction restraining any breach of
________and/or those with whom ________is acting in concert and to other equitable relief to prevent any such actual,
intended or likely breach.
6.3 Survival. The provisions of Sections 3.2, 3.3, 4, 5, and 6 shall survive the termination of ________employment
hereunder.
6.4 Interpretation. If any court of competent jurisdiction or duly constituted arbitration panel shall refuse to enforce any
or all of the provisions hereof because they are more extensive (whether as to geographic scope, duration, activity,
subject or otherwise) than is reasonable, it is expressly understood and agreed that such provisions shall not be void, but
that for the purpose of such proceedings and in such jurisdiction, the restrictions contained herein shall be deemed
reduced or limited to the extent necessary to permit enforcement of such provisions.
6.5 Succession. This Agreement shall extend to and be binding upon ________, his legal representatives, heirs and
distributees and upon Avnet, its successors and assigns.
6.6 Entire Agreement. This Agreement and the Exhibits hereto contain the entire agreement of the parties with respect to
their subject matter, and supersedes any other prior agreement, whether written or oral. All other arrangements which
may have been applicable to your employment with the Company and any subsidiary, affiliate, or predecessor are
cancelled with effect from the date of this Agreement. No waiver, modification or change of any provisions of this
Agreement shall be valid unless in writing and signed by the parties against whom such claimed waiver, modification or
change is sought to be enforced.
6.7 Waiver of Breach. The waiver of any breach of any term or condition of this Agreement shall not be deemed to
constitute a waiver of any other term or condition of this Agreement.
6.8 Notices. All notices pursuant to this Agreement shall be in writing and shall be given by registered or certified mail,
or the equivalent, return receipt requested, addressed to the parties hereto at the addresses set forth above, or to such
address as may hereafter be specified by notice in writing in the same manner by any party or parties.
1.
Headings. Except for the headings in Section 4, the headings of the sections and subsections are inserted for
convenience only and shall not be deemed to constitute a part hereof or to affect the meaning thereof.