eTrade 2000 Annual Report Download - page 259

If to Executive; Mr.Christos M. Cotsakos
c/o E*Trade Group, Inc.
4500 Bohannon Drive
Menlo Park, California 94025
If to Company; The Board of Directors
c/o E*Trade Group, Inc.
4500 Bohannon Drive
Menlo Park, California 94025
or such other address or agent as may hereafter be designated by either party hereto. All such notices shall be deemed given on the
date personally delivered or mailed.
9. Full Settlement and Legal Expenses . Company’ s obligation to make the payments provided for in this Agreement and otherwise
to perform its obligations hereunder shall not be affected by any set-off, counter-claim, recoupment, defense or other claim, right or
action which Company may have against Executive or others. In no event shall Executive be obligated to seek other employment or
take any other action by way of mitigation of the amounts payable to Executive under any of the provisions of this Agreement. The
prevailing party shall be entitled to recover all legal fees and expenses which such party may reasonably incur as a result of any legal
proceeding relating to the validity, enforceability, or breach of, or liability under, any provision of this Agreement or any guarantee of
performance (including as a result of any contest by Executive about the amount of any payment pursuant t o Section6 of this
Agreement), plus in each case interest at the applicable Federal Rate provided for in Section7872(f)(2) of the Code.
10. Governing Law . This Agreement shall be interpreted and enforced in accordance with the laws of the State of California, except
that any arbitration shall be governed by the Federal Arbitration Act.
11. Severability . Whenever possible, each provision of this Agreement shall be interpreted in such manner as to be effective and
valid, but if any one or more of the provisions contained in this Agreement shall be invalid, illegal or unenforceable in any respect for
any reason, the validity, legality and enforceability of any such provisions in every other respect and of the remaining provisions of
this Agreement shall not be in any way impaired.
12. Entire Agreement . This Agreement (including all Exhibits) contains the entire agreement of the parties with respect to the subject
matter contained in this Agreement. There are no restrictions, promises, covenants, or undertakings between Company and Executive,
other than those expressly set forth in this Agreement. This Agreement supersedes all prior agreements and understandings between
the parties. This Agreement may not be amended or modified except in writing executed by the parties.
13. Arbitration . Any controversy or claim arising out of or relating to this Agreement shall be settled by arbitration in accordance
with the American Arbitration Association’ s National Rules for the Resolution of Employment Disputes, and judgment upon the award
rendered by the arbitrator may be entered in any court having jurisdiction. Any arbitration shall be held in Santa Clara County,
California, unless otherwise agreed in writing by the parties.
IN WITNESS WHEREOF, the undersigned have executed this Agreement as of the day and year first above written.
E*TRADE GROUP, INC.
[CORPORATE SEAL]
/s/ David Hayden
David Hayden
Audit Committee
/s/ William Ford
2002. EDGAR Online, Inc.