4.1 The Employee shall promptly inform Company of any loss of confidentiality, unauthorised disclosure, misappropriation or misuse by any person of any Proprietary Information, upon the Employee having knowledge of the same.
5. INDEMNITY
5.1 The Employee hereby unconditionally agrees to indemnify Company for any losses, liabilities, damages or expenses (including legal costs on an indemnity basis) which may be occasioned by any breach by the Employee of the provisions of this Agreement.
5.2 The Employee further acknowledges and agrees that a breach of any term of this Agreement will cause such damage to Company as may be irreparable and for which monetary damages would not likely provide an adequate remedy and accordingly, that Company will be entitled to seek such equitable relief (without requiring the posting of any bond or security), including injunction and specific performance, in respect of any term of this Agreement and the Employee hereby waives its rights to object to or oppose the granting of such relief in relation to any threatened or actual breach of any term of this Agreement. Such remedies shall not be deemed to be the exclusive remedies, but shall be in addition to all other remedies available at law or in equity to Company, including without limitation, damages.
6. MISCELLANEOUS
6.1 Save for Company’s related /affiliated corporations, a person who is not a party to this Agreement has no right to enforce any term of this Agreement.
6.2 In the event that the Employee leaves Company’s employment, the Employee hereby consents to Company notifying his/her new employer of his/her obligations under this Agreement.
6.3 Each provision of this Agreement will be treated as a separate and independent clause, and the unenforceability of any provision will in no way impair the enforceability of any other provision. If any provision is held to be unenforceable, such provision will be construed by the appropriate judicial body by limiting or reducing it to the minimum extent necessary to make it legally enforceable.
6.4 The Employee’s obligations under this Agreement shall survive the termination of his/her employment with Company, regardless of the manner of such termination.
7. GOVERNING LAW AND JURISDICTION
7.1 This Agreement shall be governed by and construed in accordance with the laws of Thailand.