Support.com 2008 Annual Report Download - page 102

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14. Entire Agreement. This letter agreement supersedes and replaces any prior representations, understandings or agreements, whether oral, written or
implied, between you and the Company regarding your employment with the Company, including the Offer Letter, but does not supersede any other agreements
between you and the Company, including but not limited to, the Employee NDA, any restricted stock purchase agreement, restricted stock unit agreement, stock
option agreement or other equity award agreement entered into pursuant to the Company’s stock plans, except as expressly provided herein. In case of conflict
between any of the terms and conditions of this Agreement and the documents herein referred to, the terms and conditions of this Agreement will control.
15. Arbitration. As provided in the Employee NDA, in the event of any dispute or claim relating to or arising out of our employment relationship, you
and the Company agree that all such disputes will be fully and finally resolved by binding arbitration conducted by the American Arbitration Association in San
Mateo County, California. However, as also provided in the Employee NDA, we agree that this arbitration provision shall not apply to any disputes or claims
relating to or arising out of the misuse or misappropriation of the Company’s trade secrets or proprietary information.
* * * * *
You may indicate your agreement with these terms by signing and dating the enclosed duplicate original of this letter agreement and returning it to me. If
you have any questions, please call me.
Very truly yours,
SUPPORTSOFT, INC.
By: /s/ Anne-Marie Eileraas
Anne-Marie Eileraas
VP, General Counsel and Secretary
I have read and accept this employment offer:
/s/ Josh Pickus
Signature of Josh Pickus
Dated: December 23, 2008
Source: SUPPORTSOFT INC, 10-K, March 11, 2009