America Online 2009 Annual Report Download - page 150

13. You agree to reasonably assist the Company, in connection with any litigation, investigation or other matter involving your tenure as an employee, officer,
or director of the Company, including, but not limited to, meetings with Company representatives and counsel and giving testimony in any legal proceeding
involving the Company. The Company will pay you reasonable compensation for the time you spend on such matters and reimburse you for all reasonable
out-of-pocket expenses incurred in rendering such assistance to the Company (not including attorney's fees unless required by federal, state or local law).
14. The parties understand and agree that the terms of this Separation Agreement are confidential, and they agree not to disclose to others the terms of this
Separation Agreement, except as otherwise permitted by law or with the written consent of each other, provided however, that this paragraph 14 does not
preclude disclosure to your immediate family or for purposes of securing professional financial, tax or legal services, and for the Company on a strictly need
to know basis, provided further that, prior to making any such disclosure, the parties will inform any such persons that this confidentiality clause is in effect
and that they are also bound by it.
15. The parties agree not to affirmatively encourage or assist any person or entity in litigation against each other. This provision does not prohibit either party
responding to a valid subpoena for documents or testimony or other lawful process; however, the parties agree to provide the other party with prompt notice
of any such subpoena or process. The parties agree that they will not attempt to admit this Separation Agreement into evidence in any proceeding except one
to enforce the terms of this Separation Agreement.
16. The Parties agree not to make any disparaging or untruthful remarks or statements about each other. The Company further agrees that it will take measure
to ensure that its officers or senior executives (defined as the CEO and all direct reports to the CEO) do not make any disparaging or untruthful remarks or
statements about your employment with the Company. Nothing in this Agreement prevents you or the Company from making truthful statements when
required by law, court order, subpoena, or the like, to a governmental agency or body.
17. In accordance with the terms of this Agreement, you agree that in the event you are found in a court of law to be in breach of any of your obligations
under this Separation Agreement, the Company may be entitled to receive the full amount paid under paragraph 6 above unless otherwise determined by the
court and the Company will be entitled to obtain all other remedies provided by law or equity. In the event the Company is found in a court of law to be in
breach of its obligations under this Separation Agreement, you will be entitled to appropriate relief as determined by the court. If any term or clause of this
Separation Agreement should ever be determined to be unenforceable, you and the Company agree that this will not affect the enforceability of any other term
or clause of this Separation Agreement.
18. Pursuant to the Older Workers Benefit Protection Act of 1990 ("OWBPA"), you acknowledge and warrant the following: (i) that you are waiving rights
and claims for age discrimination under the ADEA and OWBPA, in exchange for the consideration described above, which is not otherwise due to you;
(ii) you have consulted with an attorney before signing this Release and Waiver; (iii) you are not waiving rights or claims for age discrimination that
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