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7.

Prior Employment

Prospective employees should represent that they are not bound by a contract that

would prohibit or restrict their employment with the company and they should agree not to

disclose to the company any confidential or proprietary information obtained from a prior

employer.

8.

Duration of the Offer and Start Date

Offer letters should inform prospective employees that the offer will expire on a

certain date, and also of the expected start date.

9.

Integration Clause

Offer letters should include an “integration clause” stating that the offer letter and the

documents referenced therein contain all the terms and conditions of employment and that

they supersede any other written documents or conversations about such terms.

10. Acceptance/Expiration

The offer letter should require the prospective employee to sign and further should

state that if acceptance is not transmitted to the employer by a certain date the offer expires.

Exhibit K

Sample Offer Letter for Executive Position

Exhibit L

Sample Offer Letter for Non-Executive Position

SEE APPENDIX

D.

Non-Disclosure and Inventions Agreements

Companies that have confidential, proprietary and trade secret information that they

want to keep confidential need to take steps to protect the confidential nature of such

information. One way to do so is to have their employees sign non-disclosure and inventions

47

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