Netgear 2004 Annual Report Download - page 104

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arbitration shall be awarded its reasonable attorney fees and costs
.
This section will not prevent either party from seeking injunctive
relief (or any other provisional remedy) from any court having jurisdiction over the Parties and the subject matter of their dispute
relating to Executive’s obligations under this Agreement and the agreements incorporated herein by reference.
17.
No Representations
. Each party represents that it has had the opportunity to consult with an attorney, and has carefully read and
understands the scope and effect of the provisions of this Agreement. Neither party has relied upon any representations or statements
made by the other party hereto which are not specifically set forth in this Agreement.
18.
Severability
. In the event that any provision in this Agreement becomes or is declared by a court of competent jurisdiction to be
illegal, unenforceable, or void, this Agreement shall continue in full force and effect without said provision so long as the remaining
provisions remain intelligible and continue to reflect the original intent of the Parties.
19.
Entire Agreement
. This Agreement, the Proprietary Information Agreement, and the Stock Agreement represent the entire
agreement and understanding between the Company and Executive concerning the subject matter of this Agreement and Executive’s
relationship with the Company, and supersede and replace any and all prior agreements and understandings between the Parties
concerning the subject matter of this Agreement and Executive’s relationship with the Company.
20.
No Waiver
. The failure of any party to insist upon the performance of any of the terms and conditions in this Agreement, or the
failure to prosecute any breach of any of the terms and conditions of this Agreement, shall not be construed as a waiver of such terms
or conditions. This entire Agreement shall remain in full force and effect as if no such forbearance or failure of performance had
occurred.
21.
No Oral Modification
. Any modification or amendment of this Agreement, or additional obligation assumed by either party in
connection with this Agreement, shall be effective only if placed in writing and signed by Executive and the Company’s Chief
Executive Officer.
22.
Governing Law
. This Agreement shall be governed by the laws of the State of California, without regard for choice of law
provisions.
23.
Effective Date
. This Agreement is effective after it has been signed by both parties and after eight (8)days have passed following
the date Executive signed the Agreement (the “Effective Date”).
24.
Counterparts
. This Agreement may be executed in counterparts, and each counterpart shall have the same force and effect as an
original and shall constitute an effective, binding agreement on the part of each of the undersigned.
25.
Voluntary Execution of Agreement
. This Agreement is executed voluntarily and with the full intent of releasing all claims, and
without any duress or undue influence by any of the Parties. The Parties acknowledge that:
-6-
2005. EDGAR Online, Inc.