Nautilus 2010 Annual Report Download - page 96

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Employee shall be responsible for providing the Company with a current address. Either party may change its address,
facsimile number and persons to be notified for purposes of notices under this Agreement by providing notice to the
other party in the manner set forth above.
vii)
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.
viii)
Entire Agreement . This Agreement, along with the Business Protection Agreement and the Release attached as
Exhibit A, sets forth the entire agreement of the parties hereto as to the matters addressed herein and supersedes any and
all prior agreements and understandings concerning Employee's severance or payments due upon termination of
employment. This Agreement may be changed only by a written document signed by Employee and the Company.
ix)
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.
10.
Employment Guidelines . Employee understands that while not constituting a contract, the Employer sets certain
policies and standards that it expects employees to comply with as part of general expectations of employee behavior.
Employee agrees to abide by any general employment guidelines or policies adopted by the Company such as those
detailed in an employee handbook, as such guidelines may be implemented and amended from time to time.
11.
Acknowledgment . The Employee acknowledges that he/she has read and understands this Agreement, that
he/she has consulted with an attorney regarding the terms and conditions hereof, and that he/she accepts and signs this
Agreement as his/her own free act and in full and complete understanding of its present and future legal effect.
IN WITNESS WHEREOF , the parties hereto have executed this Agreement as of the date first written above.
Employer:
NAUTILUS, INC.
By /s/ R.S. Falcone
9/21/07
Its CEO
Date
/s/ Deborah H. Marsh
9/21/07 Deborah H. Marsh
Date