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This excerpt taken from the ATVI 10-Q filed Nov 10, 2008. Subsequent
Employment. You shall
receive the payments and benefits under Section 11 (other than payment of
the Basic Severance) only for the time period that you do not obtain subsequent
employment and/or provide services of any kind in a full-time, managerial
position, whether as principal, owner, partner, agent, shareholder, director,
employee, consultant, advisor or otherwise, to any person, company, venture or
other person or business entity; provided, however, that this Section 12(p) shall
not apply to employment pursuant to the Vivendi Employment Agreement. If, at any time, you obtain subsequent
employment or provide services as set forth in the prior sentence, payments and
benefits under Section 11 shall cease immediately.
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