QUIK » Topics » 16. Costs . The Parties shall each bear their own costs, expert fees, attorneys fees and other fees incurred in connection with this Agreement.

These excerpts taken from the QUIK 10-K filed Mar 11, 2008.

16.        Costs.  The Parties shall each bear their own costs, expert fees, attorneys’ fees and other fees incurred in connection with this Agreement.

 

17.        Arbitration.  The Parties agree that any and all disputes arising out of the terms of this Agreement, their interpretation, and any of the matters herein released, including any potential claims of harassment, discrimination or wrongful termination shall be subject to binding arbitration, to the extent permitted by law, in Santa Clara County, California, before the American Arbitration Association under its National Rules for the Resolution of Employment Disputes.  Employee agrees and hereby waives his right to jury trial as to matters arising out of the terms of this Agreement and any matters herein released to the extent permitted by law.  The Parties agree that the prevailing party in any arbitration shall be entitled to injunctive relief in any court of competent jurisdiction to enforce the arbitration award.

 

18.        Authority.  Employee represents and warrants that [he/she] has the capacity to act on [his/her] own behalf and on behalf of all who might claim through [him/her] to bind them to the terms and conditions of this Agreement.

 

19.        No Representations.  Employee represents that he 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.

 

20.        Severability.  In the event that any provision hereof 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.

 

21.        Entire Agreement.  This Agreement, the Change of Control Severance Agreement, the equity award agreements and the Confidentiality Agreement represent the entire agreement and understanding between the Company and Employee concerning Employee’s separation from the Company, and supersede and replace any and all prior agreements and understandings concerning Employee’s relationship with the Company and his compensation by the Company.

 

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16.        Costs.  The Parties shall each bear their own costs,
expert fees, attorneys’ fees and other fees incurred in connection with this
Agreement.



 



17.        Arbitration.  The Parties agree that any and all disputes
arising out of the terms of this Agreement, their interpretation, and any of
the matters herein released, including any potential claims of harassment,
discrimination or wrongful termination shall be subject to binding arbitration,
to the extent permitted by law, in Santa Clara County, California, before the
American Arbitration Association under its National Rules for the
Resolution of Employment Disputes.  Employee agrees and hereby waives his right to jury trial as to matters
arising out of the terms of this Agreement and any matters herein released to
the extent permitted by law.
 
The Parties agree that the prevailing party in any arbitration shall be
entitled to injunctive relief in any court of competent jurisdiction to enforce
the arbitration award.



 



18.        Authority.  Employee represents and warrants that [he/she] has the capacity to act on [his/her]
own behalf and on behalf of all who might claim through [him/her]
to bind them to the terms and conditions of this Agreement.



 



19.        No Representations.  Employee represents that he 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.



 



20.        Severability.  In the event that any provision hereof
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.



 



21.        Entire Agreement.  This Agreement, the Change of Control
Severance Agreement, the equity award agreements and the Confidentiality
Agreement represent the entire agreement and understanding between the Company
and Employee concerning Employee’s separation from the Company, and supersede
and replace any and all prior agreements and understandings concerning Employee’s
relationship with the Company and his compensation by the Company.



 



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EXCERPTS ON THIS PAGE:

10-K (2 sections)
Mar 11, 2008
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