- 9 -
Service or any state taxing agency for the purpose of
supporting and defending the Employee’s income tax
return or other tax return and further retains the
right to present it in any administrative or judicial
proceeding where it becomes relevant upon 10 days prior
written notice to the Company of the Employee’s inten-
tion to do so and an explanation of the need for doing
so. In either case, Employee, at Employee’s expense,
shall take such steps as the Company requests to obtain
a confidentiality agreement, protective order, or other
protection of the confidentiality of the contents of
this Agreement.
* * * * * * *
17. Indemnity. As a further material induce-
ment to the Company to enter into this Agreement,
Employee shall indemnify and hold the Company and its
Affiliates harmless from and against any and all loss,
costs, damages, or expenses, including, but not limited
to, attorneys’ fees, that the Company or its Affiliates
incur arising out of any breach of this Agreement by
Employee or the fact that any representation Employee
makes in this Agreement was false when made.
The settlement agreement also provided in pertinent part:
18. Non-Reliance. Employee represents and
acknowledges that in executing this Agreement he does
not rely and has not relied upon any representation or
statement by the Company or any of its Affiliates or
their attorneys not set forth in this Agreement with
regard to the subject matter, basis, or effect of this
Agreement or otherwise.
19. Entire Agreement. This Agreement sets
forth the entire agreement between Employee and the
Company on the subject matter of this Agreement and
fully supersedes any and all prior agreements or under-
standings between the Employee and the Company pertain-
ing to the subject matter of this Agreement.
The Company issued to Mr. D’Amico a Form W-2 for 1994 with
respect to its purchase of the leased automobile and its transfer
of that automobile to Mr. D’Amico during that year (Form W-2
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Next
Last modified: May 25, 2011