15. Return of Company Property.
At or before the Separation Date, Executive agrees and acknowledges that he will return to the Company all Company property in Executive’s possession, custody, or control, including but not limited to the Confidential Information and Proprietary Information, keys, key cards, computer equipment, computer disks or files, business information, records, and any other such property; provided, that through the Consulting Term of the Consulting Agreement Executive may continue to use in satisfying his obligations hereunder and under the Consulting Agreement (and will be provided access to) his Company email address, Company telephone extension, Company computer, and Company iPad, if any, and that such email, telephone extension, computer and iPad will be returned to the Company at the end of the Consulting Term of the Consulting Agreement. Executive also agrees to promptly return any subsequently discovered Company property to the Company, and to return any property of the Company at the request of the Company.
16. Executive Outplacement Services.
The Parties acknowledge that Executive hereby waives any entitlement to any outplacement services provided from time to time to terminated employees.
Executive agrees that prior to the public disclosure of this Agreement by the Company, as applicable, except to the extent required by law or subpoena, he will not disclose to others (excepting Executive’s spouse, tax advisors, and attorneys) (i) the fact or terms of this Agreement, (ii) the amounts referenced in this Agreement, or (iii) the fact or terms of the Consulting Agreement, which is Exhibit A to this Agreement. The Company agrees that prior to the public disclosure of this Agreement by the Company, as applicable, except to the extent required by law or subpoena, the Company will take commercially reasonable efforts not to disclose (except to counsel or senior executives of the Company or its affiliates, or other service providers to the Company, who have a need to know as reasonably determined by the Company’s Chief Operating Officer in good faith), (i) the fact or terms of this Agreement, (ii) the amounts referenced in this Agreement, or (iii) the fact or terms of the Consulting Agreement, which is Exhibit A to this Agreement.
18. Binding Effect.
This Agreement shall be binding upon the Parties and upon their respective heirs, administrators, representatives, executors, successors and assigns, and shall ensure to the benefit of each Party and to their heirs, administrators, representatives, executors, successors and assigns.
Should any provision of this Agreement be declared or determined by any court or by an arbitrator to be illegal or invalid, the validity of the remaining parts, terms and provisions shall not be affected thereby and the illegal or invalid part, term or provision shall not be deemed to be a part of this Agreement.