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Provision: Litigation, Duty to Cooperate

Sample Provision

Executive agrees to cooperate with company and its attorneys, both during and after the termination of executives employment, in connection with any litigation or other proceeding arising out of or relating to matters of which executive was involved prior to the termination of executive's employment. Executive's cooperation shall include, without limitation, providing assistance to company's counsel, experts and consultants, and providing truthful testimony in pretrial and trial or hearing proceedings. In the event that executive's cooperation is requested after the termination of executives employment, company will (x) seek to minimize interruptions to executive's schedule to the extent consistent with its interests in the matter; and (y) reimburse executive for all reasonable and appropriate out-of-pocket expenses actually incurred by executive in connection with such cooperation upon reasonable substantiation of such expenses.

Sample Provision

Executive agrees that executive will not testify voluntarily in any lawsuit or other proceeding which directly or indirectly involves company, or any affiliated companies, or which may create the impression that such testimony is endorsed or approved by company or its affiliated companies, without advance notice (including the general nature of the testimony) to and, as such testimony is without subpoena or other compulsory legal process the approval of, the company's general counsel.

Employment Contract Provision Index

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Ogletree Deakins | Indiana | Indiana Enacts Right-to-Work Law: Becomes the Only Right-to-Work State in the Central Midwest (February 02, 2012)

Littler Mendelson, P.C. | New Mexico | Santa Fe Local Ordinance Sets Country's Highest Minimum Wage Requirement (February 02, 2012)

Littler Mendelson, P.C. | California | A Moving Target: The California DLSE Modifies Again Its FAQs on California's New Wage Notice Required for Hourly Employees (February 01, 2012)

Jackson Lewis LLP | Indiana | Indiana Adopts Right-to-Work Law (February 03, 2012)

Littler Mendelson, P.C. | California | Is Rounding of Employee Time Entries Legal in California?--California Supreme Court Orders Appellate Court to Decide (January 31, 2012)

Littler Mendelson, P.C. | California | California Court of Appeal Finds Employees Are Exempt Under California's Commissioned Sales Exemption (January 31, 2012)

Ford & Harrison LLP | New York | New York's Wage Theft Prevention Act Requires Notice to Employees (January 30, 2012)

Ford & Harrison LLP | California | Class-Action Antitrust Complaint Alleging an Unlawful Employer "No-Poaching" Conspiracy Appears to Have Survived a Motion to Dismiss (January 30, 2012)

Young Conaway Stargatt & Taylor, LLP | Delaware | Delaware Court of Chancery Issues Guidelines for Attorneys (January 31, 2012)

Littler Mendelson, P.C. | Pennsylvania | Pennsylvania Court Holds That Trustees May File Mechanics’ Lien to Obtain Delinquent Contributions to Health and Pension Funds (January 30, 2012)