Apple 1997 Annual Report Download - page 120

(d) During the period beginning on the Director and Officer Resignation Date and ending on the date which is twelve (12) months after the
Employee Resignation Date, you shall not, whether for your own account or for the account of any other individual, partnership, firm,
corporation or other business organization (other than the Company), intentionally solicit, endeavor to entice away from any of the Companies,
or otherwise interfere with the relationship of any of the Companies with any person with a base salary of at least Seventy-Five Thousand
Dollars ($75,000) per year who is employed by or otherwise engaged to perform services for any of the Companies.
(e) If you breach in any material respect the provisions of this
Section 6, you shall immediately forfeit any and all rights to future payments or benefits under Sections 3 and 4 above.
7. COOPERATION. You agree that you will make yourself available at reasonable times and intervals to participate in the conduct of and
preparation for any pending or future litigation to which any of the Companies is a party and in which your experience or knowledge may be
relevant. You shall be reimbursed for your reasonable travel and out-of-pocket expenses incurred by virtue of your cooperation as described in
this Section 7. If such cooperation takes more than twenty (20) hours, the Company agrees to reimburse you, at the rate of Five Hundred
Dollars ($500.00) per hour, for time spent in excess of twenty (20) hours. In no event shall this provision be deemed to pertain to or affect the
nature or substance of employee testimony at deposition or trial or in any other truthful testimony at deposition or trial or in any other
circumstances or your obligation to give such testimony.
8. ACKNOWLEDGMENT. By signing this Resignation Agreement, you hereby acknowledge and confirm the following:
(a) You were advised by the Company in connection with your resignation to consult with an attorney of your choice prior to signing this
Resignation Agreement and the Release and to have such attorney explain to you the terms of this Resignation Agreement and the Release
including, without limitation, the terms relating to your release of claims arising under the Age Discrimination in Employment Act of 1967.
(b) You were given not less than twenty-one (21) days to consider the terms of this Resignation Agreement and the Release and to consult with
an attorney of your choosing with respect thereto and that, for a period of seven
(7) days following your execution of the Release, you have the right to revoke the Release in accordance with the terms set forth below.
9. RELEASE. You agree to execute and deliver to the Company a release in the form of EXHIBIT C attached hereto (the "Release") on the
Employee Resignation Date. If you do not deliver the Release to the Company on the Employee Resignation Date, or if you subsequently
revoke the Release in the manner contemplated by Section 10 below, the Company will have no obligation to pay or provide you with any of
the payments or benefits contemplated by Sections 3 and 4 above.
10. REVOCATION. You shall have the right to revoke the Release during the seven- (7) day period (the "Revocation Period") commencing
immediately following the date you sign and deliver the Release to the Company. The Revocation Period shall expire at 5:00 p.m. (Pacific
time) on the seventh day immediately following the date that the Release is executed by you; provided, however, that if such seventh day is not
a business day, then the Revocation Period shall extend to 5:00 p.m. (Pacific time) on the next succeeding business day. No such revocation by
you shall be effective unless it is in writing and signed by you, and received by the Company prior to the Expiration of the Revocation Period.
For purposes of this Agreement, the phrase "Expiration of the Revocation Period" shall mean the expiration of the Revocation Period without
your having revoked the Release in accordance with this Section 10.
11. ACCEPTANCE. You may indicate your acceptance of this Agreement by signing and dating both counterparts of this Agreement and
delivering one such copy to the Company by no later than 5:00 p.m. (Pacific time) on September 26, 1997. This offer shall expire without
further action by the Company if a signed and dated counterpart of this Agreement is not returned to the Company by the time and date set
forth above.