1. The parties refrain from making statements to third parties about the content of this agreement and the circumstances that led to the agreement, with the exception of information that must be provided on the basis of the law. Mr. de Groot is authorized to provide a copy of this agreement to the UWV (the Dutch Social Security Authority) if he applies for social security. – The contracting parties sign this settlement agreement, as mentioned in Article 7:900 and in the Dutch Civil Code, in order to avoid any uncertainty or dispute after consultation and careful consideration. Mr. De Groot received support from De Graauw Legal; Finito therefore wanted to terminate the employment contract. At first, Mr. de Groot opposed the resignation, but he sees no other possible solution; Finito will pay Mr de Groot an incentive to terminate by mutual agreement 10,000,- 10.- (10,000 euros) gross within one month of the date of the termination of Article 6 if and so far this transaction contract is signed by Mr. de Groot and Finito finally made available on February 15, 2018.
Finito herein informs Mr. de Groot of the legal cooling-off period giving him the right to terminate his transaction contract within fourteen days of the date of the conclusion of the agreement, without the need to explain why. It can do so by sending a written statement to the employer. Mr. de Groot therefore has the right to revoke his decision to accept this agreement within that time. If the provisions of this agreement are respected, the parties agree to each other full and final discharge and do not confirm any other rights under the employment contract, termination of the employment relationship or in any other way. This agreement is governed by Dutch law and is interpreted accordingly, and the Dutch courts have exclusive jurisdiction to adjudicate all disputes under this agreement; Mr. de Groot is exempt from the non-competition clause of Article 9.1, the non-requirement clause of Article 9.2 and the prohibition of ancillary activities of Article 9.3 of the employment contract. The non-inclusion clause of Article 9.4 and the confidentiality clause of Article 9.5 of the employment contract remain in force. 2. If Mr.
de Groot accepts another position before the termination date, but not before 1 March 2018, the employment contract ends by mutual agreement, by derogation from Article 1.1, by derogation from Article 1.1, on the date on which his employment with the new employer begins (the “new termination date”). In this situation, half of the remaining salary, including the leave allowance and the year-end bonus for the period between the new termination date and the termination date of Article 1.1, is added to the severance pay. The obligation for the employer to continue paying the salary then ends with the new termination date. All other conditions of this agreement remain unchanged. Where this provision applies, the new termination date replaces the termination date in this agreement. Mr. de Groot is required to inform Finito within two working days of employment elsewhere. A periodic final count is made within one month of the termination date.
These include the payment of accumulated leave pay, all cumulative days of leave that were not used on the termination date, and the year-end bonus. Mr. de Groot will receive his usual salary and emoluments until the date of dismissal. Until March 1, 2018, Mr. de Groot will continue to work as usual and will take care of a formal workover. From March 1, 2018 until the termination date, Mr. de Groot is completely exempt from work and the obligation to report in the workplace. During this exemption period, no refunds, travel packages will be due and no new days of leave will be accumulated.
All other terms of employment will remain in effect until the termination date if no other agreement is reached in this agreement. In addition to the right to dissolve the worker mentioned above during the cooling-off period, the parties waive the termination of this transaction contract, as far as the law allows.