Nautilus 2004 Annual Report Download - page 88

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Employee shall be responsible for providing the Company with a current address. Either party may change its address (and facsimile number)
for purposes of notices under this Agreement by providing notice to the other party in the manner set forth above within ten business days.
13. Effect of Waiver . The waiver by either party of a breach of any provision of this Agreement shall not operate or be construed as a waiver
of any subsequent breach hereof. No waiver shall be valid unless in writing.
14. Entire Agreement . This Agreement, along with the Business Protection Agreement attached as Exhibit A, sets forth the entire agreement
of the parties hereto and supersedes any and all prior agreements and understandings concerning Employee’s employment by the Company.
This Agreement may be changed only by a written document signed by Employee and the Company.
15. Governing Law/Jurisdiction/Venue . This Agreement shall be governed by, and construed and enforced in accordance with, the
substantive and procedural laws of the State of Washington without regard to rules governing conflicts of law. For all disputes under this
Agreement, the parties agree that any suit or action between them shall be instituted and commenced exclusively in the state courts in Clark
County or King County Washington (U.S.A) or the United States District Court for the Western District of Washington, sitting in Seattle,
Washington. Both parties waive the right to change such venue and hereby consent to the jurisdiction of such courts for all potential claims
under this Agreement.
16. Acknowledgment . The Employee acknowledges that he has read and understands this Agreement, that he has had the opportunity to
consult with an attorney regarding the terms and conditions hereof, and that he accepts and signs this Agreement as his own free act and in full
and complete understanding of its present and future legal effect.
17. Relocation Assistance . The Company shall enter into an agreement with a relocation services provider to assist Employee in the sale of
his primary residence. Said relocation services shall be on a basis normally provided to employees of similar position and level and
5
With a Copy to:
Garvey, Schubert & Barer
1191 Second Avenue, 18
th
Floor
Seattle, WA 98101-2939
Attention: Anne F. Preston
To Employee:
Employee: Darryl Thomas
At the last address and fax number Shown on the records of the Company