Apple 1997 Annual Report Download - page 121

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12. TAX CONSIDERATIONS. Any payments made to you under this Resignation Agreement shall be reduced by the full amount legally
required to be withheld for federal, state or local tax purposes by the Company.
13. MODIFICATION OF EMPLOYEE BENEFIT PLANS. Nothing in this Resignation Agreement shall prohibit the Company from
modifying, terminating or otherwise amending any or all of the Company's pension and welfare plans, if such termination, modification or
amendment similarly affects other executives of the Company as well as you.
14. MODIFICATION. This Resignation Agreement may not be amended or modified except by a writing executed by you and the Company
that specifically refers to this Resignation Agreement and expressly states that it is intended to amend one or more of the terms of this
Resignation Agreement or to supersede this Resignation Agreement.
15. VALIDITY. The invalidity or unenforceability of any provision of this Resignation Agreement shall not affect the validity or enforceability
of any other provision of this Agreement, which shall remain in full force and effect.
16. REMEDIES IN THE EVENT OF FUTURE DISPUTE.
(a) Except as provided in Section 16(b) below, in the event of any future dispute, controversy or claim between the parties arising from or
relating to this Resignation Agreement, its breach, or any matter addressed by this Resignation Agreement, the parties will first attempt to
resolve the dispute through confidential mediation to be conducted in San Francisco by a member of the firm of Gregorio, Haldeman & Piazza,
Mediated Negotiations, 625 Market Street, Suite 400, San Francisco, California 94105.
(b) In the event that a dispute arises concerning compliance with this Resignation Agreement, the parties agree to resolve any such dispute by
confidential binding arbitration by the American Arbitration Association in San Francisco, pursuant to its California Employment Dispute
Resolution Rules, and judgment upon the award rendered by the arbitrator(s) may be entered by any court having jurisdiction of the matter. The
prevailing party in such arbitration shall be entitled to recover costs and attorneys' fees incurred in arbitrating the dispute and in preparing for
such arbitration.
17. INDEMNIFICATION. All rights of indemnification previously provided by the Company to you by the Company's bylaws and/or the
Indemnification Agreement dated November 10, 1994, as well as such rights to indemnification that you have by law, shall continue in full
force and effect in accordance with their terms, following the date of this Agreement.
18. GOVERNING LAW. This Resignation Agreement shall be governed by, and construed in accordance with, the laws of California
applicable to contracts to be performed exclusively therein