Citrix 2000 Annual Report Download - page 81

3
7. RETURN OF PROPERTY: Immediately upon execution of this Agreement,
Wheeler will return to Citrix all confidential, proprietary and/or trade secret
materials, including, without limitation, written or recorded information
received under confidential conditions as well as other information the use or
disclosure of which might reasonably be construed to be contrary to the
interests of Citrix. In connection with, and in addition to, such confidential
information, Wheeler will also return all keys and other physical and personal
property that he received in connection with his employment with Citrix.
8. CONFIDENTIALITY: Wheeler acknowledges that he is bound by the terms
of the Confidentiality Agreement he executed at the commencement of his
employment with Citrix, and that the terms and conditions of the confidentiality
agreement are incorporated into this Agreement. Further, Wheeler understands and
agrees that in the course of his employment with Citrix, he has had access to,
been entrusted with, and otherwise acquired knowledge of confidential,
proprietary and/or trade secret information of Citrix, its clients and/or its
business partners. Wheeler further understands and agrees that such information
was disclosed to him in confidence and for use only as an employee of Citrix.
Wheeler agrees to keep such information confidential at all times, that he will
not disclose or communicate such information to any third party, and that he
will not make use of such information on his own behalf, or on behalf of any
third party. Further, the parties agree that, unless required by law or by a
court of competent jurisdiction, this document shall remain confidential and
will not be used for any purpose other than enforcing its specific terms in an
action between the parties hereto. Wheeler's failure to adhere to the
confidentiality provisions of this Agreement will entitled Citrix to liquidated
damages in the amount of $1,000 per incident.
9. ENTIRE AGREEMENT: Both Citrix and Wheeler agree that this Agreement,
along with the aforementioned Confidentiality Agreement, sets forth all of the
covenants, promises, agreements, conditions and understandings between Wheeler
and Citrix and supersedes any and all prior covenants, promises, agreements,
conditions and understandings between Wheeler and Citrix. This Agreement may be
modified only in writing and signed by the all parties to this Agreement.
10. GOVERNING LAW: This Agreement shall be interpreted in accordance
with the laws of the State of Florida.
11. RELEASE. In exchange for the monies described above, and subject to
the conditions outlined in this Agreement, Wheeler (on his own behalf and on
behalf of his heirs, personal representatives, and any other person who may be
entitled to make a claim through him or on his behalf) forever releases and
discharges Citrix, including its successor, assigns, agents, parents, or
subsidiaries, from any and all claims, charges, actions and causes of action of
any kind or nature that he once had or may now have, whether arising out of his
employment or termination of employment with Citrix, or otherwise, and whether
such claims are now known or unknown to him. Further, Wheeler agrees not to
bring any charges, claims, or actions, against Citrix in the
3