Severance Agreement And General Release Page 3
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105.
Duties and Obligations During the Employment Extension Period. During
the Employment Extension Period:
a. You agree to be available to consult with 8x8 on matters that relate to your
employment prior to the Position End date (including, but not limited to,
answering questions, talking to a partner or party who may need
reassurance, and/or operational and legal assistance) and on an special
projects that may be assigned to you by the CEO or Board of Directors of
8x8.
b. You acknowledge that you remain bound by your fiduciary duties to 8x8,
including the duty of loyalty, to the same extent as prior to the Position
End Date. You further agree that you are and shall remain bound by 8x8 s
Insider Trading Policy and represent that you are in compliance with it.
c. You shall be free to seek employment elsewhere, subject to honoring the
obligations set forth in the Confidential Information, Non-Disclosure and
Invention Assignment Agreement ( NDA ), which you signed on
February 7, 2011.
d. You agree to come to 8x8 s premises only when specifically requested or
invited by a current officer of the Company to complete any duties or
obligations pursuant to this Severance Agreement.
e. You acknowledge that 8x8 may terminate your employment during the
Employment Extension Period and withdraw the offer of the second
severance payment and all remaining Employment Extension Period
benefits set forth in this Severance Agreement based on: (1) your breach
of any obligation set forth in this Severance Agreement or (2) your death.
6.
Confidential Information, Non-Disclosure and Invention Assignment
Agreement. During and after the Employment Extension Period, you will continue be
bound to NDA, which shall remain in full force and effect, except that you shall have the
right to retain any intellectual property that you develop after the Position End Date,
unless you design such intellectual property as part of an assignment from 8x8.
7.
Release of Claims Against Company and Others. In consideration of
receiving the promises set forth in this Severance Agreement, to the maximum extent
permitted by applicable law, you agree not to sue or bring any claim against 8x8 for any
reason whatsoever. Specifically, you, on behalf of yourself and your heirs, personal
representatives, employees, successors, spouses, registered domestic partners, children,
and assigns, hereby release and discharge 8x8, its respective current and former officers,
directors, employees, agents, stockholders, subsidiaries, predecessors, related companies,
parent companies, companies with common or related ownership, successors, assigns,
insurers, ERISA plans, trustees and administrators of ERISA plans, attorneys, owners and
affiliates from any and all claims, liens, demands or liabilities whatsoever, whether
known or unknown or suspected to exist by you, which you ever had or may now have
against 8x8, or any of them. This includes, without limitation, any claims, liens, demands,
attorney s fees or liabilities in connection with your employment with 8x8 and the
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K.N. __________
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