SURREY. Barbari shall comply with all of Gilead’s company policies and procedures except as set out in this Agreement.
SURREY. Barbari shall not accept other employment with any other corporation or business that will impair her ability to satisfy her responsibilities to Gilead under this Agreement.
SURREY. Barbari shall be an employee of Gilead, not an independent contractor.
SURREY. Barbari shall receive outplacement services from Right Associates for a twelve month period at Gilead’s expense.
SURREY. Barbari acknowledges that any employment or contractual relationship between her and Gilead, or any of its subsidiaries, divisions and affiliates, other than those contractual rights referenced in or arising out of this Agreement, will terminate on the effective date of her resignation, and that she will thereafter have no employment or contractual relationship with Gilead, or any of its subsidiaries, divisions and affiliates.
SURREY. Barbari agrees that any and all disputes relating to, or in any way connected with this Agreement or with respect to Exhibit A, as well as any and all disputes relating to, or in any way connected with, Surrey-Barbari’s employment with Gilead, or with any of its former subsidiaries, divisions and affiliates, and Surrey-Barbari’s resignation from such employment, shall be submitted to final and binding arbitration pursuant to the arbitration procedures set forth in the American Arbitration Association’s National Rules for the Resolution of Employment Disputes. Surrey-Barbari and Gilead agree that the prevailing party in any arbitration conducted pursuant to the terms of this Paragraph shall be entitled to recover all costs and expenses incurred by such party in connection therewith, including reasonable attorneys’ fees. Surrey-Barbari’s liability for, or her obligation to pay any such costs and expenses, including Gilead’s attorney’s fees, shall not exceed Twenty-Five Thousand ($25,000).
SURREY. Barbari expressly acknowledges and agrees that, by entering into this Release Agreement, she is waiving any and all rights or claims that she may have arising under the Age Discrimination in Employment Act of 1967, as amended, which have arisen on or before the date of execution of this Agreement. Surrey-Barbari further expressly acknowledges and agrees that:
SURREY. Barbari agrees that any and all disputes relating to, or in any way connected with this Release Agreement, shall be resolved through arbitration as set out in the Employment Agreement.
SURREY. Barbari acknowledges and agrees that this Release Agreement is a final and binding agreement between the parties. Surrey-Barbari further acknowledges and agrees that this Release Agreement shall not be subject to renegotiation at any time in the future. I declare under penalty of perjury under the laws of the State of California that I have read the foregoing Release Agreement and I accept and agree to the provisions in the Agreement and hereby execute the Agreement voluntarily with full understanding of its consequences. EXECUTED this _____ day of _____________, _________, at ____________________, California. Xxxxxx Surrey-Barbari EXECUTED this _____ day of ______________, __________, at Foster City, California. GILEAD SCIENCES, INC. By: Xxxxxx Xxxxxxx Vice President-Human Resources ACKNOWLEDGMENT AND WAIVER
SURREY. WIDE COMMISSIONING COMMITTEES IN COMMON (CIC)
