Enom 2011 Annual Report Download - page 118

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benefits, as well as your participation in any and all health, welfare, perquisite, retirement and/or benefit plans will be
cancelled effective as of the Separation Date. You will be required to submit COBRA elections directly to the name and
addresses provided to you under separate cover as part of the COBRA process. A package of information will be sent to
you via mail within twenty-one (21) days of the Separation Date detailing the process for COBRA coverage during the
Continuation Period, including the deadline by which you must elect COBRA coverage. Should you elect COBRA within
the time requirements, coverage will be effective retroactive to the Separation Date.
6. No Additional Compensation or Unemployment Benefits. You acknowledge that, except as expressly
provided in this Agreement, you will not receive any additional compensation, bonus, severance or benefits after the
Separation Date. You agree that you will not be eligible for unemployment insurance benefits, as the separation
documented herein was mutually agreed by you and the Company.
7. Expense Reimbursement. It is acknowledged by the Company that you may have incurred certain business
related expenses prior to the Separation Date which remain unreimbursed. Your final time and expense report must be
submitted to the Company within forty-five (45) days after the Separation Date to be eligible for reimbursement and such
expense reimbursement submissions will be promptly reimbursed to Executive following submission. Any outstanding
unreimbursed expenses incurred on or prior to the Separation Date will be paid within thirty (30) days after such
submission of the applicable time and expense report to the extent properly substantiated in accordance with applicable
Company policy.
8. Return of Company Property . On or before the Separation Date, you agree to return to the Company all
documents of the Company and its affiliates (and all copies thereof) and all other Company or Company affiliate property
that you know to have in your possession, custody or control, after reasonable investigation, including, without limitation,
diligent inspection of Executive’s residences, automobiles, personal computers, smartphones, tablets, and other electronic
devices. Such property includes, without limitation, (i) any materials of any kind that you know contain or embody any
proprietary or confidential information of the Company or an affiliate of the Company (and all reproductions thereof), and
(ii) computers (including, but not limited, laptop computers, desktop computers and similar devices) and other portable
electronic devices (including, but not limited to, tablet computers), cellular phones/smartphones, credit cards, phone cards,
entry cards, identification badges and keys.
9. Confidentiality. The provisions of this Agreement will be held in strictest confidence by you and the
Company and will not be publicized or disclosed in any manner whatsoever; provided, however, that: (a) you may
disclose this Agreement to your immediate family; (b) the parties may disclose this Agreement in confidence to their
respective attorneys, accountants, auditors, tax preparers, and financial advisors; (c) the Company may disclose this
Agreement as necessary to fulfill standard or legally required corporate reporting or disclosure requirements; and (d) the
parties may disclose this Agreement insofar as such disclosure may be necessary to enforce its terms or as otherwise
required by law. In particular, and without limitation, you agree not to disclose the terms of this Agreement to any current
or former Company employee.
10. Non-disparagement. Each party may publicly describe your separation as a mutually agreed resignation;
provided , however , the party making such statement shall use reasonable efforts to provide any language contained in
press releases, written statements or public or securities filings referencing the foregoing to the other party for their
review. Neither party will state that you have been terminated by the Company. You agree not to disparage the Company,
an affiliate of the Company and/or any officers, directors, employees, shareholders and/or agents of the Company or any
affiliate of the Company in any manner