Kohl's 2012 Annual Report Download - page 154

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12
Such notice, consent, document or communication shall be deemed given upon personal delivery or
receipt at the address of the party stated above or at any other address specified by such party to the other
party in writing, except that if delivery is refused or cannot be made for any reason, then such notice shall
be deemed given on the third day after it is sent.
8.2 Executive Disclosures and Acknowledgments.
(a) Prior Obligations. Attached as Exhibit B is a list of prior obligations (written and
oral), such as confidentiality agreements or covenants restricting future employment or consulting, that
Executive has entered into which may restrict Executive's ability to perform Executive's duties as an
employee for the Company.
(b) Confidential Information of Others. Executive certifies that Executive has not, and
will not, disclose or use during Executive's time as an employee of the Company, any confidential
information which Executive acquired as a result of any previous employment or under a contractual
obligation of confidentiality or secrecy before Executive became an employee of the Company.
(c) Scope of Restrictions. By entering into this Agreement, Executive acknowledges
the nature of the Company's business and the nature and scope of the restrictions set forth in Articles IV, V
and VII, above, including specifically Wisconsin's Uniform Trade Secrets Act, presently ยง 134.90, Wis.
Stats. Executive acknowledges and represents that the scope of such restrictions are appropriate,
necessary and reasonable for the protection of the Company's business, goodwill, and property rights.
Executive further acknowledges that the restrictions imposed will not prevent Executive from earning a
living in the event of, and after, termination, for whatever reason, of Executive's employment with the
Company. Nothing herein shall be deemed to prevent Executive, after termination of Executive's
employment with the Company, from using general skills and knowledge gained while employed by the
Company.
(d) Prospective Employers. Executive agrees, during the term of any restriction
contained in Articles IV, V and VII, above, to disclose such provisions to any future or prospective
employer. Executive further agrees that the Company may send a copy of this Agreement to, or otherwise
make the provisions hereof known to, any such employer.
8.3 Effect of Termination. Notwithstanding any termination of this Agreement, the Executive,
in consideration of his employment hereunder, shall remain bound by the provisions of this Agreement
which specifically relate to periods, activities or obligations upon or subsequent to the termination of the
Executive's employment.
8.4 Confidentiality of Agreement. Executive agrees that, with the exception of disclosures
pursuant to Section 8.2(d), above, Executive will not disclose, directly or indirectly, any non-public terms
of this Agreement to any third party; provided, however, that following Executive's obtaining a promise of
confidentiality for the benefit of the Company from Executive's tax preparer, accountant, attorney and
spouse, Executive may disclose such terms to such of these individuals who have made such a promise of
confidentiality. This provision shall not prevent Executive from disclosing such matters in testifying in
any hearing, trial or other legal proceeding where Executive is required to do so.
8.5 Cooperation. Executive agrees to take all reasonable steps during and after Executive's
employment with the Company to make himself/herself available to and to cooperate with the Company,
at its request, in connection with any legal proceedings or other matters in which it is or may become
involved. Following Executive's employment with the Company, the Company agrees to pay reasonable