EXHIBIT 99.10
SEVERANCE AGREEMENT AND MUTUAL RELEASE
This Severance Agreement and Mutual Release ("Agreement") is made by and
between eMachines, Inc. (the "Company"), and Xxxx Xxxxxxxxx ("Employee").
WHEREAS, Employee joined the Company pursuant to the terms and conditions
of a written employment agreement ("Employment Agreement");
WHEREAS, the Company and Employee have mutually agreed to terminate the
employment relationship and to release each other from any claims arising from
or related to the employment relationship;
NOW THEREFORE, in consideration of the mutual promises made herein, the
Company and Employee (collectively referred to as "the Parties") hereby agree as
follows:
1. Resignation. Employee shall resign from his position at the Company
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effective July 1, 2001 ("Resignation Date").
2. Consideration, Loan and Subsequent Release.
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(a) Loan. Within eight (8) days after the date the Severance
----
Agreement and Mutual Release is executed by Employee ("the Effective Date"), the
Company agrees to loan Employee a lump sum in an amount of three hundred sixty
two thousand six hundred forty four dollars and 71/100 ($362,644.71) (the
"Loan") subject to the terms and conditions of the promissory note (the "Note")
attached as Exhibit A to this Agreement. Employee shall execute the Note prior
to receiving any payment under this Section 2(a).
(b) Salary Through the Resignation Date; Bonus. From the date that
------------------------------------------
this Agreement is signed by both Parties through the Resignation Date, the
Company will pay Employee as compensation for his services a base salary at the
annualized rate of $275,000 (the "Base Salary"). The Base Salary will be paid
periodically in accordance with the Company's normal payroll practices and be
subject to the usual, required withholding. Up through the Resignation Date, the
Company shall continue to provide Employee Medical, Dental and Life Insurance
(if applicable). Employee shall have the right to convert his health insurance
benefits to individual coverage pursuant to COBRA (at Employee's expense) until
the earlier of (a) 18 months following the Resignation Date or (b) Employee
obtaining other employment providing comparable medical and dental insurance to
that of the Company. The Company shall have no obligation to pay Employee's
COBRA benefits. In addition, within eight (8) days after the Resignation Date,
the Company agrees to pay to Employee a lump sum in an amount of fifty thousand
dollars ($50,000), less applicable withholding; provided that Employee has
successfully restructured the Internet business unit of the Company, by, among
other things, (1) terminating eWare as a product resident on existing eMachines
customer computers; (2) transitioning eKeys as a product existing on current
eMachines computers to a third party if possible (if such transition is not
possible, then terminating eKeys as a product resident on eMachines customer
computers); (3) terminating the xXxx product on eMachine products sold
starting with the advent of the Microsoft Windows/XP operating system; (4) using
Employee's best efforts to terminateing, sub-leaseing or settleing eMachines'
leases in San Francisco, Scotts Valley and New York (the Company to use its best
efforts to support and assist Employee in these regards); (5) successfully
transitioning significant accounts such as AOL and xXxxxxxxx.xxx to existing
employees; (6) putting in place processes and procedures to maintain the
customer databases, if any, associated with eWare and the eKeys; and (7)
preparing a memorandum summarizing the significant open items with respect to
the Internet business unit and providing existing employees with sufficient
knowledge to take over such items (the successful completion of (1)-(7) above
and the successful restructuring of the Internet business unit shall be defined
as Employee's substantial compliance with the foregoing as determined, in good
faith, by the CEO and the CFO of the Company, which determination shall not be
unreasonably withheld)as determined by the CEO and CFO of the Company);
provided, further, that Employee has executed the General Release (as defined
below) on the Resignation Date and not revoked it. In the event the Company
requests the assistance of Employee after the Effective Date and prior to the
Resignation Date in any pending or future claims or disputes, the Employee shall
provide such assistance to the Company on reasonable advance notice, and the
Company shall pay any reasonable out-of-pocket expenses incurred by Employee in
providing such assistance.
(c) Repayment of the Loan. Within eight (8) days after the
---------------------
Resignation Date, the Company shall pay Employee a lump sum of five hundred
sixty one thousand eight hundred four dollars and 36/100 ($561,804.36), subject
to applicable withholding; provided, that Employee has executed the General
Release on the Resignation Date and has not revoked it; provided, further, that
Company shall first apply any amounts to be paid to Employee under this Section
2(c) to the repayment of the Note (and Employee shall not receive any such
amounts which are applied to repayment of the Note) and any remaining amounts,
if any, shall then be paid to Employee.
(d) Execution of Subsequent Release. The Parties agree to execute the
-------------------------------
General Release attached hereto as Exhibit B (the "General Release") on the
Resignation Date.
3. Release of Claims. Employee agrees that the foregoing consideration
-----------------
represents settlement in full of all outstanding obligations owed to Employee by
the Company. Employee and the Company, on behalf of themselves, and their
respective heirs, family members, executors, officers, directors, employees,
investors, shareholders, administrators, affiliates, divisions, subsidiaries,
predecessor and successor corporations, and assigns, hereby fully and forever
release each other and their respective heirs, family members, executors,
officers, directors, employees, investors, shareholders, administrators,
affiliates, divisions, subsidiaries, predecessor and successor corporations, and
assigns, from, and agree not to xxx concerning, any claim, duty, obligation or
cause of action relating to any matters of any kind, whether presently known or
unknown, suspected or unsuspected, that any of them may possess arising from any
omissions, acts or facts that have occurred up until and including the Effective
Date of this Agreement including, without limitation,
(a) any and all claims relating to or arising from Employee's
employment relationship with the Company and the termination of that
relationship;
(b) any and all claims relating to, or arising from, Employee's right
to purchase, or actual purchase of shares of stock of the Company, including,
without limitation, any claims for
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fraud, misrepresentation, breach of fiduciary duty, breach of duty under
applicable state corporate law, and securities fraud under any state or federal
law;
(c) any and all claims for wrongful discharge of employment;
termination in violation of public policy; discrimination; breach of contract,
both express and implied; breach of a covenant of good faith and fair dealing,
both express and implied; promissory estoppel; negligent or intentional
infliction of emotional distress; negligent or intentional misrepresentation;
negligent or intentional interference with contract or prospective economic
advantage; unfair business practices; defamation; libel; slander; negligence;
personal injury; assault; battery; invasion of privacy; false imprisonment; and
conversion;
(d) any and all claims for violation of any federal, state or
municipal statute, including, but not limited to, Title VII of the Civil Rights
Act of 1964, the Civil Rights Act of 1991, the Age Discrimination in Employment
Act of 1967, the Americans with Disabilities Act of 1990, the Fair Labor
Standards Act, the Employee Retirement Income Security Act of 1974, The Worker
Adjustment and Retraining Notification Act, Older Workers Benefit Protection
Act; the California Fair Employment and Housing Act, and Labor Code section 201,
et seq. and section 970, et seq.;
(e) any and all claims for violation of the federal, or any state,
constitution;
(f) any and all claims arising out of any other laws and regulations
relating to employment or employment discrimination; and
(g) any and all claims for attorneys' fees and costs.
The Company and Employee agree that the release set forth in this section shall
be and remain in effect in all respects as a complete general release as to the
matters released. This release does not extend to any obligations incurred under
this Agreement, or after the Effective Date of this Agreement. This Agreement
shall not operate or be construed to release the Company from any obligations it
may have (under Labor Code (S) 2802 or otherwise) to indemnify and defend
Employee from any claims asserted against him as a result of his good faith
performance of services for Company during his employment.
4. Acknowledgment of Waiver of Claims under ADEA. Employee acknowledges
---------------------------------------------
that he is waiving and releasing any rights he may have under the Age
Discrimination in Employment Act of 1967 ("ADEA") and that this waiver and
release is knowing and voluntary. Employee and the Company agree that this
waiver and release does not apply to any rights or claims that may arise under
ADEA after the Effective Date of this Agreement. Employee acknowledges that the
consideration given for this waiver and release Agreement is in addition to
anything of value to which Employee was already entitled. Employee further
acknowledges that he has been advised by this writing that (a) he should consult
with an attorney prior to executing this Agreement; (b) he has at least twenty-
-----
one (21) days within which to consider this Agreement; (c) he has at least seven
(7) days following the execution of this Agreement by the parties to revoke the
Agreement; and (d) this Agreement shall not be effective until the revocation
period has expired. Nothing in this Agreement prevents or precludes Employee
from challenging or seeking a determination in good faith of the validity of
this waiver under the ADEA, nor does it impose any condition precedent,
penalties or costs for doing so, unless specifically authorized by federal law.
5. Civil Code Section 1542. The Parties represent that they are not
-----------------------
aware of any claim by either of them other than the claims that are released by
this Agreement. Employee and the
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Company acknowledge that they have been advised by legal counsel and are
familiar with the provisions of California Civil Code Section 1542, which
provides as follows:
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS
WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT
TO EXIST IN HIS FAVOR AT THE TIME OF
EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM
MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT
WITH THE DEBTOR.
Employee and the Company, being aware of said code section, agree to
expressly waive any rights they may have thereunder, as well as under any other
statute or common law principles of similar effect.
6. No Pending or Future Lawsuits. Employee represents that he has no
-----------------------------
lawsuits, claims, or actions pending in his name, or on behalf of any other
person or entity, against the Company or any other person or entity referred to
herein. Employee also represents that he does not intend to bring any claims on
his own behalf or on behalf of any other person or entity against the Company or
any other person or entity referred to herein.
7. Confidentiality. The Parties hereto each agree to use their best
---------------
efforts to maintain in confidence the existence of this Agreement, the contents
and terms of this Agreement, and the consideration for this Agreement
(hereinafter collectively referred to as "Severance Information"). Each Party
hereto agrees to take every reasonable precaution to prevent disclosure of any
Severance Information to third parties, and each agrees that there will be no
publicity, directly or indirectly, concerning any Severance Information. The
Parties hereto agree to take every precaution to disclose Severance Information
only to those employees, officers, directors, attorneys, accountants,
governmental entities, and family members who have a reasonable need to know of
such Severance Information.
8. No Admission of Liability. The Parties understand and acknowledge
-------------------------
that this Agreement constitutes a compromise and settlement of disputed claims.
No action taken by the Parties hereto, or either of them, either previously or
in connection with this Agreement shall be deemed or construed to be (a) an
admission of the truth or falsity of any claims heretofore made or (b) an
acknowledgment or admission by either party of any fault or liability whatsoever
to the other party or to any third party.
9. Arbitration. The Parties agree that any and all disputes arising out
-----------
of the terms of this Agreement, their interpretation, and any of the matters
herein released, shall be subject to binding arbitration in Orange County before
the American Arbitration Association under its California Employment Dispute
Resolution Rules, or by a judge to be mutually agreed upon. The Parties agree
that the prevailing party in any arbitration shall be entitled to injunctive
relief in any court of competent jurisdiction to enforce the arbitration award.
The Parties agree that the prevailing party in any arbitration shall be awarded
its reasonable attorney's fees and costs.
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10. Authority. The Company represents and warrants that the undersigned
---------
has the authority to act on behalf of the Company and to bind the Company and
all who may claim through it to the terms and conditions of this Agreement.
Employee represents and warrants that he has the capacity to act on his own
behalf and on behalf of all who might claim through him to bind them to the
terms and conditions of this Agreement. Each Party warrants and represents that
there are no liens or claims of lien or assignments in law or equity or
otherwise of or against any of the claims or causes of action released herein.
11. No Representations. Each party represents that it has had the
------------------
opportunity to consult with an attorney, and has carefully read and understands
the scope and effect of the provisions of this Agreement. Neither party has
relied upon any representations or statements made by the other party hereto
which are not specifically set forth in this Agreement.
12. Severability. In the event that any provision hereof becomes or is
------------
declared by a court of competent jurisdiction to be illegal, unenforceable or
void, this Agreement shall continue in full force and effect without said
provision.
13. Entire Agreement. This Agreement, and its Exhibits, represent the
----------------
entire agreement and understanding between the Company and Employee concerning
Employee's separation from the Company, and supersede and replace any and all
prior agreements and understandings concerning Employee's relationship with the
Company and his compensation by the Company. The Company's standard Confidential
Information and Invention Assignment Agreement (the "Confidential Information
Agreement") entered into between Employee and the Company shall remain in full
force and effect.
14. No Oral Modification. This Agreement may only be amended in writing
--------------------
signed by Employee and the President of the Company.
15. Governing Law. This Agreement shall be governed by the laws of the
State of California.
16. Effective Date. This Agreement is effective seven days after it has
--------------
been signed by both Parties.
17. Counterparts. This Agreement may be executed in counterparts, and
------------
each counterpart shall have the same force and effect as an original and shall
constitute an effective, binding agreement on the part of each of the
undersigned.
18. Voluntary Execution of Agreement. This Agreement is executed
--------------------------------
voluntarily and without any duress or undue influence on the part or behalf of
the Parties hereto, with the full intent of releasing all claims. The Parties
acknowledge that:
(a) They have read this Agreement;
(b) They have been represented in the preparation, negotiation, and
execution of this Agreement by legal counsel of their own choice or that they
have voluntarily declined to seek such counsel;
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(c) They understand the terms and consequences of this Agreement and
of the releases it contains;
(d) They are fully aware of the legal and binding effect of this
Agreement.
IN WITNESS WHEREOF, the Parties have executed this Agreement on the respective
dates set forth below.
eMachines, Inc.
Dated: 4/10/01 By /s/ XXXX X. XXXXXXXXX
________________ ___________________________________
By:
Name: Xxxx X. Xxxxxxxxx
Xxxx Xxxxxxxxx, an
individual
Dated: 4/10/01 /s/ XXXX XXXXXXXXX
________________ ______________________________________
Xxxx Xxxxxxxxx
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GENERAL RELEASE
This General Release ("Agreement") is made by and between eMachines,
Inc. (the "Company"), and Xxxx Xxxxxxxxx ("Employee"), as of July 1, 2001 (the
"Resignation Date").
WHEREAS, Employee and the Company entered into a Severance Agreement
and Release ("Severance Agreement") whereby the Employee and the Company
mutually agreed to release each other from any claims arising from or related to
the employment relationship between the Employee and the Company for the
consideration set forth in such agreement;
NOW THEREFORE, in consideration of the mutual promises made therein,
the Company and Employee (collectively referred to as "the Parties") hereby
agree as follows:
1. Resignation. Employee resigned from his position at the Company
-----------
effective on the Resignation Date.
2. Incorporation of Certain Terms. The terms of Section 2 of the
------------------------------
Severance Agreement are hereby incorporated into this Agreement in their
entirety.
3. Benefits. Employee shall have the right to convert his health
--------
insurance benefits to individual coverage pursuant to COBRA (at Employee's
expense) until the earlier of (a) 18 months following the Resignation Date or
(b) Employee obtaining other employment providing comparable medical and dental
insurance to that of the Company. The Company shall have no obligation to pay
Employee's COBRA benefits.
4. Confidential Information. Employee shall continue to maintain the
------------------------
confidentiality of all confidential and proprietary information of the Company
and shall continue to comply with the terms and conditions of the
Confidentiality Agreement between Employee and the Company. Employee shall
return all the Company property and confidential and proprietary information in
his possession to the Company on the Resignation Date. In the event the Company
requests the assistance of Employee after the Resignation Date in any pending or
future claims or disputes, the Employee shall provide such reasonable assistance
to the Company on reasonable advance notice, and the Company shall pay any
reasonable out-of-pocket expenses incurred by Employee in providing such
assistance.
5. Payment of Salary. Employee acknowledges and represents that the
-----------------
Company has paid all salary, wages, bonuses, accrued vacation, commissions and
any and all other benefits due to Employee.
6. Release of Claims. Employee agrees that the foregoing
-----------------
consideration represents settlement in full of all outstanding obligations owed
to Employee by the Company. Employee and the Company, on behalf of themselves,
and their respective heirs, family members, executors, officers, directors,
employees, investors, shareholders, administrators, affiliates, divisions,
subsidiaries, predecessor and successor corporations, and assigns, hereby fully
and forever release
each other and their respective heirs, family members, executors, officers,
directors, employees, investors, shareholders, administrators, affiliates,
divisions, subsidiaries, predecessor and successor corporations, and assigns,
from, and agree not to xxx concerning, any claim, duty, obligation or cause of
action relating to any matters of any kind, whether presently known or unknown,
suspected or unsuspected, that any of them may possess arising from any
omissions, acts or facts that have occurred up until and including the Effective
Date of this Agreement including, without limitation,
(a) any and all claims relating to or arising from Employee's
employment relationship with the Company and the termination of that
relationship;
(b) any and all claims relating to, or arising from, Employee's right
to purchase, or actual purchase of shares of stock of the Company, including,
without limitation, any claims for fraud, misrepresentation, breach of fiduciary
duty, breach of duty under applicable state corporate law, and securities fraud
under any state or federal law;
(c) any and all claims for wrongful discharge of employment;
termination in violation of public policy; discrimination; breach of contract,
both express and implied; breach of a covenant of good faith and fair dealing,
both express and implied; promissory estoppel; negligent or intentional
infliction of emotional distress; negligent or intentional misrepresentation;
negligent or intentional interference with contract or prospective economic
advantage; unfair business practices; defamation; libel; slander; negligence;
personal injury; assault; battery; invasion of privacy; false imprisonment; and
conversion;
(d) any and all claims for violation of any federal, state or
municipal statute, including, but not limited to, Title VII of the Civil Rights
Act of 1964, the Civil Rights Act of 1991, the Age Discrimination in Employment
Act of 1967, the Americans with Disabilities Act of 1990, the Fair Labor
Standards Act, the Employee Retirement Income Security Act of 1974, The Worker
Adjustment and Retraining Notification Act, Older Workers Benefit Protection
Act; the California Fair Employment and Housing Act, and Labor Code section 201,
et seq. and section 970, et seq.;
(e) any and all claims for violation of the federal, or any state,
constitution;
(f) any and all claims arising out of any other laws and regulations
relating to employment or employment discrimination; and
(g) any and all claims for attorneys' fees and costs.
The Company and Employee agree that the release set forth in this section shall
be and remain in effect in all respects as a complete general release as to the
matters released. This release does not extend to any obligations incurred
under this Agreement. This Agreement shall not operate or be construed to
release the Company from any obligations it may have (under Labor Code (S) 2802
or otherwise) to indemnify and defend Employee from any claims asserted against
him as a result of his good faith performance of services for Company during his
employment, nor shall this Release operate or be construed to release or
extinguish the Company's obligations to pay Employee the payments called for
under Sections 2(b) and 2(c) of the parties' Severance Agreement and Mutual
Release.
7. Acknowledgment of Waiver of Claims under ADEA. Employee
---------------------------------------------
acknowledges that he is waiving and releasing any rights he may have under the
Age Discrimination in Employment Act of 1967 ("ADEA") and that this waiver and
release is knowing and voluntary. Employee and the Company agree that this
waiver and release does not apply to any rights or claims that may arise under
ADEA after the Effective Date of this Agreement. Employee acknowledges that the
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consideration given for this waiver and Agreement is in addition to anything of
value to which Employee was already entitled. Employee further acknowledges
that he has been advised by this writing that (a) he should consult with an
attorney prior to executing this Agreement; (b) he has at least twenty-one (21)
-----
days within which to consider this Agreement; (c) he has at least seven (7) days
following the execution of this Agreement by the parties to revoke the
Agreement; and (d) this Agreement shall not be effective until the revocation
period has expired. Nothing in this Agreement prevents or precludes Employee
from challenging or seeking a determination in good faith of the validity of
this waiver under the ADEA, nor does it impose any condition precedent,
penalties or costs for doing so, unless specifically authorized by federal law.
8. Civil Code Section 1542. The Parties represent that they are not
-----------------------
aware of any claim by either of them other than the claims that are released by
this Agreement. Employee and the Company acknowledge that they have been
advised by legal counsel and are familiar with the provisions of California
Civil Code Section 1542, which provides as follows:
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR
DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF
EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY
AFFECTED HIS SETTLEMENT WITH THE DEBTOR.
Employee and the Company, being aware of said code section, agree to
expressly waive any rights they may have thereunder, as well as under any other
statute or common law principles of similar effect.
9. No Pending or Future Lawsuits. Employee represents that he has
-----------------------------
no lawsuits, claims, or actions pending in his name, or on behalf of any other
person or entity, against the Company or any other person or entity referred to
herein. Employee also represents that he does not intend to bring any claims on
his own behalf or on behalf of any other person or entity against the Company or
any other person or entity referred to herein.
10. Confidentiality. The Parties hereto each agree to use their best
---------------
efforts to maintain in confidence the existence of this Agreement, the contents
and terms of this Agreement, and the consideration for this Agreement
(hereinafter collectively referred to as "Severance Information"). Each Party
hereto agrees to take every reasonable precaution to prevent disclosure of any
Severance Information to third parties, and each agrees that there will be no
publicity, directly or indirectly, concerning any Severance Information. The
Parties hereto agree to take every precaution to disclose Severance Information
only to those employees, officers, directors, attorneys, accountants,
governmental entities, and family members who have a reasonable need to know of
such Severance Information.
11. No Admission of Liability. The Parties understand and
-------------------------
acknowledge that this Agreement constitutes a compromise and settlement of
disputed claims. No action taken by the Parties hereto, or either of them,
either previously or in connection with this Agreement shall be deemed or
construed to be (a) an admission of the truth or falsity of any claims
heretofore made or
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(b) an acknowledgment or admission by either party of any fault or liability
whatsoever to the other party or to any third party.
12. Arbitration. The Parties agree that any and all disputes arising
-----------
out of the terms of this Agreement, their interpretation, and any of the matters
herein released, shall be subject to binding arbitration in Orange County before
the American Arbitration Association under its California Employment Dispute
Resolution Rules, or by a judge to be mutually agreed upon. The Parties agree
that the prevailing party in any arbitration shall be entitled to injunctive
relief in any court of competent jurisdiction to enforce the arbitration award.
The Parties agree that the prevailing party in any arbitration shall be awarded
its reasonable attorney's fees and costs.
13. Authority. The Company represents and warrants that the
---------
undersigned has the authority to act on behalf of the Company and to bind the
Company and all who may claim through it to the terms and conditions of this
Agreement. Employee represents and warrants that he has the capacity to act on
his own behalf and on behalf of all who might claim through him to bind them to
the terms and conditions of this Agreement. Each Party warrants and represents
that there are no liens or claims of lien or assignments in law or equity or
otherwise of or against any of the claims or causes of action released herein.
14. No Representations. Each party represents that it has had the
------------------
opportunity to consult with an attorney, and has carefully read and understands
the scope and effect of the provisions of this Agreement. Neither party has
relied upon any representations or statements made by the other party hereto
which are not specifically set forth in this Agreement.
15. Severability. In the event that any provision hereof becomes or
------------
is declared by a court of competent jurisdiction to be illegal, unenforceable or
void, this Agreement shall continue in full force and effect without said
provision.
16. Entire Agreement. This Agreement and the Severance Agreement
----------------
entered into preceding this Agreement, represent the entire agreement and
understanding between the Company and Employee concerning Employee's separation
from the Company, and supersede and replace any and all prior agreements and
understandings concerning Employee's relationship with the Company and his
compensation by the Company. The Company's standard Confidential Information
and Invention Assignment Agreement (the "Confidentiality Agreement") entered
into between Employee and the Company shall remain in full force and effect.
17. No Oral Modification. This Agreement may only be amended in
--------------------
writing signed by Employee and the President of the Company.
18. Governing Law. This Agreement shall be governed by the laws of
-------------
the State of California.
19. Effective Date. This Agreement is effective seven days after it
--------------
has been signed by both Parties.
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20. Counterparts. This Agreement may be executed in counterparts,
------------
and each counterpart shall have the same force and effect as an original and
shall constitute an effective, binding agreement on the part of each of the
undersigned.
21. Voluntary Execution of Agreement. This Agreement is executed
--------------------------------
voluntarily and without any duress or undue influence on the part or behalf of
the Parties hereto, with the full intent of releasing all claims. The Parties
acknowledge that:
(a) They have read this Agreement;
(b) They have been represented in the preparation, negotiation, and
execution of this Agreement by legal counsel of their own choice or that they
have voluntarily declined to seek such counsel;
(c) They understand the terms and consequences of this Agreement
and of the releases it contains;
(d) They are fully aware of the legal and binding effect of this
Agreement.
IN WITNESS WHEREOF, the Parties have executed this Agreement on the respective
dates set forth below.
eMachines, Inc.
Dated: _______________ By ___________________________
By:
Name:
Xxxx Xxxxxxxxx, an
individual
Dated: ________________ ______________________________
Xxxx Xxxxxxxxx
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