10.          “B” shall not, without prior written approval from “A”, disclose: (i) the existence of this Agreement or any of its terms; (ii) the fact that discussions are taking place between the parties concerning the Purpose or the status, terms, conditions or other facts concerning such discussions, or (iii) identify “A” either by name or by identifiable description in connection with the Purpose. “B” shall not publish any news, releases or make any announcements or denial or confirmation in any medium concerning all or any part of the Purpose, or in any manner, advertise or publish in any medium without the prior written consent of “A”.

11.          For a period of two (2) years from the date hereof, except for general employment solicitations made to the public, “B” shall not directly or indirectly solicit for employment with “B” any personnel of “A” without the prior written consent of “A”.

12.          This Agreement will be binding on “B”’s successors and assigns and shall inure to the benefit of, and be enforceable by, the successors and assigns of “A”.  “B” acknowledges and agrees that each Affiliate shall be an intended third-party beneficiary of this Agreement.

13.          The provisions of this Agreement shall be severable.  In the event that any of the provisions hereof are held by a court of competent jurisdiction to be invalid, void or otherwise unenforceable, the remaining provisions shall remain enforceable to the fullest extent permitted by law.

14.        This Agreement may be waived, amended, or modified only by an instrument in writing signed by the party against whom such waiver, amendment or modification is sought to be enforced, and such written instrument shall set forth specifically the provisions of this Agreement which are to be so waived, amended or modified.  Any amendment purported to be made otherwise than in accordance with this paragraph 14 shall be null and void for all purposes.

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