|IHS MARKIT LTD. filed this Form 10-Q on 03/26/2019|
10. Executive and Employer respectively represent and acknowledge that in executing this General Release neither of them is relying upon, and has not relied upon, any representation or statement not set forth herein made by any of the agents, representatives or attorneys of the Releasees with regard to the subject matter, basis or effect of this General Release or otherwise.
11. This General Release shall not in any way be construed as an admission (i) by any of the Releasees that any Releasee has acted wrongfully or that Executive has any rights whatsoever against any of the Releasees except as specifically set forth herein and (ii) by any of the Executive Parties that any Executive Party has acted wrongfully or that Employer has any rights whatsoever against any of the Executive Parties except as specifically set forth herein, and each of the Releasees and Executive Parties specifically disclaims any liability to any party for any wrongful acts.
12. It is the desire and intent of the parties hereto that the provisions of this General Release be enforced to the fullest extent permissible under law. Should there be any conflict between any provision hereof and any present or future law, such law shall prevail, but the provisions affected thereby shall be curtailed and limited only to the extent necessary to bring them within the requirements of law, and the remaining provisions of this General Release shall remain in full force and effect and be fully valid and enforceable, except that if paragraph 1 is invalidated by any court or arbitrator, this General Release shall be null and void and Executive will no longer be entitled to the payments provided for in Section 5 of the Employment Agreement.
13. Executive represents and agrees that Executive (a) has, to the extent he desires, discussed all aspects of this General Release with his attorney, (b) has carefully read and fully understands all of the provisions of this General Release, and (c) is knowingly and voluntarily executing this General Release without duress.
14. This General Release shall be governed by, and construed in accordance with, the laws of the State of New York, without giving effect to the conflicts of laws principles thereof or to those of any other jurisdiction which, in either case, could cause the application of the laws of any jurisdiction other than the State of New York. Any action concerning this General Release shall be brought in the state or federal courts located in the City of New York, Borough of Manhattan. This General Release is binding on the successors and assigns of the parties hereto; fully supersedes any and all prior agreements or understandings between the parties hereto pertaining to the subject matter hereof, except as otherwise specifically incorporated herein (including but not limited to the Innovations Agreement between the parties and paragraphs 3, 4, 5, 6, 9(e), 9(g) and 9(k) of the Employment Agreement); and may not be changed except by explicit written agreement to that effect subscribed by the parties hereto.