Kohl's 2008 Annual Report Download - page 68

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6
B. Waiver of Reinstatement. Executive waives any and all rights to reinstatement to employment, and hereby agrees not to
reapply for employment with Company, its successors or related and/or affiliated companies.
C. Forfeiture of Litigation Benefits. Executive agrees to waive any monetary or other benefits which may be conferred on
Executive in any litigation brought against Company or any of the Released Parties respecting any claims waived or
released hereunder.
D. Non-Disparagement. Executive and the Company mutually agree not to engage at any time in any form of conduct or make
any statements or representations, or direct any other person or entity to engage in any conduct or make any statements or
representations, that disparage, criticize or otherwise impair the reputation of the other such party, its affiliates, parents and
subsidiaries and their respective past and present officers, directors, stockholders, partners, members, agents and
employees. This restriction shall not preclude Executive or Company employees and directors from providing truthful
testimony or statements pursuant to subpoena or other legal process or in response to inquiries from any government
agency or entity.
E. Return of Property. Executive agrees to immediately return all Company property under Executive’s possession or control,
including but not limited to any Company-owned computer equipment, corporate credit cards, keys, cellular telephones
and Blackberry handheld units. Company shall discontinue Executive’s voice mail and e-mail privileges, effective on the
Termination Date. Executive shall not have access to non-public portions of any of Company’s facilities after Termination
Date.
F. Covenant Not to Recruit. Executive hereby covenants and agrees that Executive will not, without the Company’s prior
consent, at any time prior to the Termination Date, and for a period of one (1) year thereafter, directly or indirectly,
whether as an owner, stockholder, director, officer, partner, employee, agent, provider, consultant, independent contractor
or otherwise; (i) solicit or recruit, or attempt to solicit or recruit, or assist others in soliciting or recruiting individuals
employed by Company as of the date hereof to accept employment