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.
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. 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. – 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 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. Finito therefore wanted to terminate the employment contract. At first, Mr. de Groot opposed the resignation, but he sees no other possible solution; 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. 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.