America Online 2010 Annual Report Download - page 204

Agreement. Employee waives and agrees not to assert any defense of lack of jurisdiction, that venue is improper, inconvenient forum, or otherwise. Employee
waives the right to a jury trial and agrees to accept service of process by certified mail at Employee's last known address.
E. Successors and Assigns. Neither this Agreement, nor any of Employee's rights, powers, duties, or obligations hereunder, may be assigned by
Employee. This Agreement shall be binding upon and inure to the benefit of Employee and his/her heirs and legal representatives and Company and its
successors. Successors of Company shall include, without limitation, any company or companies acquiring, directly or indirectly, all or substantially all of the
assets of Company, whether by merger, consolidation, purchase, lease, or otherwise, and such successor shall thereafter be deemed "Company" for the
purpose hereof.
F. Notices. All notices, requests, demands, and other communications hereunder must be in writing and shall be deemed to have been duly given if
delivered by hand or mailed within the continental United States by first class, registered mail, return receipt requested, postage and registry fees prepaid, to
the applicable party and addressed as follows:
The Company:
AOL Inc.
700 Broadway
New York, NY 10003
Attn: General Counsel
Employee:
At the address (or to the facsimile number) shown on the records of the Company
Addresses may be changed by notice in writing signed by the addressee.
G. Amendment. This Agreement may be amended, modified, superseded, cancelled, renewed or extended, and the terms or covenants hereof may be
waived, only by a written instrument executed by Employee and the CEO or the senior Human Resources executive, subject to, if necessary, approval of the
Compensation Committee.
H. Waiver. Any waiver or consent from Company with respect to any term or provision of this Agreement or any other aspect of Employee's conduct
or employment shall be effective only in the specific instance and for the specific purpose for which given and shall not be deemed, regardless of frequency
given, to be a further or continuing waiver or consent. The failure or delay of Company at any time or times to require performance of, or to exercise any of its
powers, rights, or remedies with respect to, any term or provision of this Agreement or any other aspect of Employee's conduct or employment in no manner
(except as otherwise expressly provided herein) shall affect Company's right at a later time to enforce any such term or provision.
I. Severability. If any provision of this Agreement is held to be invalid, the remainder of this Agreement shall not be affected thereby.
J. Survival. Paragraphs 5.A., 5.C. and 5.E., and paragraphs 6, 7, 8, 9, 10, 11 shall survive termination of this Agreement.
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