Nike 2010 Annual Report Download - page 135

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4. Return of Protected Information. At the request of NIKE at anytime, and in any event, upon termination of employment, EMPLOYEE shall
immediately return to NIKE all confidential documents, including tapes, notebooks, drawings, computer disks and other similar repositories of or containing
Protected Information, and all copies thereof, then in EMPLOYEE’s possession or under EMPLOYEE’s control.
5. Unauthorized Use. During the period of employment with NIKE and thereafter, EMPLOYEE will notify NIKE immediately if EMPLOYEE
becomes aware of the unauthorized possession, use or knowledge of any Protected Information by any person employed or not employed by NIKE at the
time of such possession, use or knowledge. EMPLOYEE will cooperate with NIKE in the investigation of any such incident and will cooperate with NIKE
in any litigation with third parties deemed necessary by NIKE to protect the Protected Information. NIKE shall provide reasonable reimbursement to
EMPLOYEE for each hour so engaged and that amount shall not be diminished by operation of any payment under Paragraph 1(d) of this Agreement.
6. Non−Recruitment. During the term of this Agreement and for a period of one (1) year thereafter, EMPLOYEE will not directly or indirectly ,
solicit, divert or hire away (or attempt to solicit, divert or hire away) to or for himself or any other company or business organization, any NIKE employee,
whether or not such employee is a full−time employee or temporary employee and whether or not such employment is pursuant to a written agreement or is
at will.
7. Accounting of Profits. EMPLOYEE agrees that, if EMPLOYEE should violate any term of this Agreement, NIKE shall be entitled to an
accounting and repayment of all profits, compensation, commissions, remuneration or benefits which EMPLOYEE directly or indirectly has realized and/or
may realize as a result of or in connection with any such violation (including the return of any additional consideration paid by NIKE pursuant to Paragraph
1(d) above). Such remedy shall be in addition to and not in limitation of any injunctive relief or other rights or remedies to which NIKE may be entitled at
law or in equity.
8. General Provisions.
(a) Survival. This Agreement shall continue in effect after the termination of EMPLOYEE’s employment, regardless of the reason for
termination.
(b) Waiver. No waiver, amendment, modification or cancellation of any term or condition of this Agreement will be effective unless
executed in writing by both parties. No written waiver will excuse the performance of any act other than the act or acts specifically referred to therein.