Kohl's 2008 Annual Report Download - page 71

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7. CONFIDENTIALITY. Executive agrees that he will neither disclose, divulge, or communicate to anyone, including co-
workers or the media, nor use in any way any of the Company’s trade secrets, practices, confidential records, employee lists, or any
other non-public information or knowledge pertaining to the business of Company obtained by Executive during his employment with
Company.
8. ENTIRE AGREEMENT. This Agreement constitutes the complete understanding between the parties concerning all matters
affecting Executive’s employment with Company and the termination thereof and supersedes all prior agreements, understandings
and practices concerning such matters, including, without limitation, any prior employment agreement Executive may have had with
Company (including the Employment Agreement), the provisions of any Company personnel documents, handbooks or policies and
any prior customs or practices of Company with respect to bonuses, severance pay, fringe benefits or otherwise.
9. NO PREVAILING PARTY DESIGNATION. The parties agree that this Agreement shall not be construed to render
Executive or Company a “prevailing party” within the meaning of the Civil Rights Act of 1964, as amended, the Age Discrimination
in Employment Act of 1967, as amended, the Fair Labor Standards Act, as amended, the laws of the State within which Executive
resides or performs services for Company, Employee Retirement Income Security Act of 1974 (ERISA), as amended, or under any
law, statute or ordinance allowing attorneys’ fees and/or costs to a party who “prevails” in any manner or sense, nor shall this
Agreement be deemed to constitute a factor supporting an award of attorneys’ fees and/or costs under any law, statute or ordinance.
Except as expressly provided herein, all parties are responsible for their own attorney’s fees in connection with the presentation and
resolution of their disputes.
10. RESTRICTED SERVICES OBLIGATION
9
A. Executive acknowledges and agrees that the Company is one of the leading retail companies in the United States, with
department stores throughout the United States, and that the Company compensates executives like Executive to, among
other things, develop and maintain valuable goodwill and relationships on the Company’s behalf (including relationships
with customers, suppliers and vendors) and to maintain business information for the Company’s exclusive ownership and
use. As a result, Executive acknowledges and agrees that the restrictions contained