EMPLOYMENT AGREEMENT

Exhibit 10.26

EMPLOYMENT AGREEMENT

EMPLOYMENT AGREEMENT (the “ Agreement ”), dated as of May 6, 2009, and effective as of November 3, 2008 (the “ Effective Date ”), by and among Intelsat Global, Ltd. (formerly known as Serafina Holdings Limited, referred to as the “ Parent ”), a Bermuda exempted company, Intelsat, Ltd. (the “ Company ”), and Michael McDonnell (the “ Executive ”), a resident of the State of Virginia.

WHEREAS, the Executive is currently employed by the Company under the terms and conditions described in an offer letter from the Company dated October 2, 2008 (the “ Offer Letter ”); and

WHEREAS, the Company desires to continue to employ the Executive on a full-time basis and the Executive desires to continue to be so employed by the Company on the terms and conditions set forth below.

NOW, THEREFORE, in consideration of the premises and mutual covenants contained herein (including, without limitation, the Company’s employment of the Executive and the advantages and benefits thereby inuring to the Executive) and for other good and valuable consideration, the receipt, adequacy and sufficiency of which are hereby acknowledged by each party hereto, the parties hereby agree as follows:

1. Effectiveness of Agreement and Employment of the Executive .

1.1 Effectiveness of Agreement . This Agreement shall be effective as of the Effective Date.

1.2 Employment by the Company .

(a) Position and Duties . During the Employment Period (as defined in Section 3 hereof), the Executive shall serve as the Chief Financial Officer and Executive Vice President of the Parent and the Company. In this capacity, the Executive shall have the duties, authorities and responsibilities commensurate with the duties, authorities and responsibilities of persons in similar capacities in similarly sized companies, and such other duties, authorities and responsibilities as the Company’s Chief Executive Officer (the “ CEO ”) shall designate from time to time that are not inconsistent with the Executive’s position as Chief Financial Officer and Executive Vice President. The Executive shall be the Chief Financial Officer and Executive Vice President of the Parent’s entire group of businesses, including without limitation any business that may become part of or affiliated with such group as a result of future mergers, acquisitions or similar transactions by or with the Parent, but excluding Intelsat General Corporation. The Executive acknowledges that he shall be required to travel on business in connection with the performance of his duties hereunder. The Executive shall directly and exclusively report to the CEO, and perform such duties and services for, the Parent, the Company and the Company’s subsidiaries and affiliates (such subsidiaries and affiliates, including any company in which the Company may not have control but has an equity or debt investment) collectively, “ Affiliates ”) as may be designated from time to time by the Company’s Board of Directors (the “ Board ”) or the CEO. The Executive also agrees to serve, without additional compensation, as the Chief Financial Officer and Executive Vice President of any Affiliate if so requested by the Board or the CEO.

(b) Permissible Activities . During the Employment Period, the Executive shall devote all of his business time and attention to his employment under this Agreement; provided , however , that, subject to the provisions of Sections 5.1 and 5.3, the Executive may: (i) serve as a non-executive director on the boards of directors of not more than two for-profit companies (other than the Company and its Affiliates) during the Employment Period, unless the Executive obtains the prior written consent of the Company to serve as a non-executive director on any other board of directors, (ii) serve on the boards of directors of non-profit organizations, (iii) participate in charitable, civic, educational, professional, community or industry affairs, and (iv) manage the Executive’s passive personal investments, so long as such activities, individually or in the aggregate, do not interfere or conflict with the Executive’s duties hereunder or create a potential business or fiduciary conflict.

1.3 Location . During the Employment Period, the Executive’s principal place of employment shall be at the Company’s offices in Washington, D.C., except for necessary travel on the Company’s business; provided , however , that it is the parties’ current intention that the Executive will spend an appropriate amount of time working at the Company’s headquarters, currently located in Bermuda, in order to fulfill his duties.

2. Compensation and Benefits .

2.1 (a) Salary . During the Employment Period, the Company shall pay the Executive for services during his employment under this Agreement a base salary of no less than the annual rate at five hundred and fifteen thousand dollars ($515,000) (which was increased, effective February 16, 2009, to five hundred and twenty-seven thousand eight hundred seventy-five dollars ($527,875), and as may be further increased from time to time, the “ Base Salary ”). The Base Salary received by the Executive shall be reviewed by the Compensation Committee of the Board (the “ Compensation Committee ”) no less frequently than annually. Any and all increases to the Executive’s Base Salary shall be determined by the Compensation Committee, in its sole discretion. Increases to the Base Salary, as approved by the Compensation Committee from time to time, shall not require written amendment of this Agreement, and the increased Base Salary, once effective, shall be the Base Salary for all purposes under this Agreement. During the Employment Period, such Base Salary shall be payable in equal biweekly installments pursuant to the Company’s customary payroll policies in force at the time of payment, less any required or authorized payroll deductions. The Base Salary may be increased, but not decreased, during the Employment Period. Any amounts due to Executive with respect to his Base Salary for the period between the Effective Date and the execution of this Agreement shall be paid to the Executive in a lump sum (less applicable withholding amounts) no later than the first payroll payment date after the execution of this Agreement.

(b) Annual Bonus .

(i) Basic Bonus . For each calendar year (or other fiscal year period, if the Company changes from a calendar fiscal year) during the Employment Period, the Executive shall be eligible to receive an annual bonus with a target amount of sixty-five percent (65%) of

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his Base Salary (“ Basic Bonus ”), subject to his satisfaction of objective performance criteria that have been pre-established by the Compensation Committee in a consistent manner with those of other senior executives of the Company and following consultation with the Executive.

(ii) Stretch Bonus . In addition to the Basic Bonus and for each calendar year (or other fiscal year period, if the Company changes from a calendar fiscal year) during the Employment Period, the Executive shall be eligible to receive an additional bonus of up to fifty percent (50%) of the Executive’s Base Salary (“ Stretch Bonus ”), in the event of the Executive’s satisfaction of objective stretch performance criteria that have been pre-established by the Compensation Committee following consultation with the Executive.

(iii) Super Stretch Bonus . In addition to the Basic Bonus and Stretch Bonus and for each calendar year (or other fiscal year period, if the Company changes from a calendar fiscal year) during the Employment Period, the Executive shall be eligible to receive a second additional bonus of up to fifteen percent (15%) of the Executive’s Base Salary (“ Super Stretch Bonus ”), in the event of the Executive’s satisfaction of significant stretch objective performance criteria that have been pre-established by the Compensation Committee following consultation with the Executive.

All bonuses, to the extent earned for a particular year, shall be paid in the following calendar year but prior to March 15th of such following calendar year. The Basic Bonus, Stretch Bonus and Super Stretch Bonus shall be calculated based on the annual Base Salary as in effect at the end of each applicable calendar year. The Basic Bonus and the Stretch Bonus shall be referred herein as the “ Target Bonus ”. The Executive acknowledges and agrees that if the Company becomes a “publicly held corporation” within the meaning of Section 162(m)(2) of the Internal Revenue Code of 1986, as amended (the “ Code ”), that all annual compensation bonuses described in this Section 2.1(b) may, in the Company’s discretion, be payable pursuant to a “qualified performance based compensation” bonus plan established by the Company in accordance with Code Section 162(m) and the regulations thereunder; provided that target percentages of Executive’s Base Salary associated with the Basic Bonus (65%), Stretch Bonus (50%) and Super Stretch Bonus (15%) shall not be reduced under any such “qualified performance based compensation” bonus plan.

(c) Equity Arrangement . The Executive shall be granted an Option (the “ Option ”) to purchase Class A shares and shall be granted Class B restricted shares which shall be subject to the terms and conditions as set forth in the equity award agreements executed May 6, 2009 (for Class B restricted shares, the “ Class B Restricted Share Agreement ,” for the Option, the “ Option Agreement ” and collectively, the “ Equity Award Agreements ”). The Equity Award Agreements provide that if the Company consummates an acquisition by or merger of the Company through a transaction or series of transactions with any of those certain Person(s) (as defined in that certain Intelsat Global, Ltd. 2008 Share Incentive Plan, effective February 4, 2008) described in the Board resolution dated December 29, 2008 but after which the Sponsor Shareholders do not in the aggregate possess beneficial ownership of more than fifty percent (50%) of the voting securities (for the election of directors) of the Company or its successor (a “ Significant Corporate Event ”), then if on or following such Significant Corporate Event (i) (A) the affirmative written consent of the Sponsor Shareholders or a representative thereof is not required for the Company to terminate the Executive’s employment at the time of such

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termination and (B) the Executive’s employment with the Company is terminated by the Company without Cause or by the Executive for Good Reason (each as defined below), then the applicable vesting provisions shall apply as if a Change in Control had occurred immediately prior to such termination of employment, or (ii) (A) the affirmative written consent of the Sponsor Shareholders or a representative thereof is required for the Company to terminate the Executive’s employment at the time of such termination and at all times theretofore, and (B) the Executive’s employment with the Company is terminated by the Company without Cause or by the Executive for Good Reason on or after the date that is eighteen (18) months following the date of such Significant Corporate Event, then the applicable vesting provisions shall apply as if a Change in Control had occurred immediately prior to such termination of employment (and, for the avoidance of doubt, if affirmative consent of the Sponsor Shareholders or a representative thereof is required to terminate the Executive’s employment and the Executive’s employment is terminated for any reason within the 18 month period commencing on the date of a Significant Corporate Event, then no Change in Control vesting provisions shall apply).

2.2 Benefits . During the Employment Period, the Executive shall be eligible to receive the benefits as set forth in Exhibit C attached hereto. In addition, the Executive shall be eligible to participate, in any group insurance, hospitalization, medical, dental, vision, health and accident, disability, life insurance and enhanced executive life insurance, deferred compensation, fringe benefit and retirement plans or programs of the Company now existing or hereafter established to the extent that he is eligible under the general provisions thereof to the extent that all other similarly situated senior executives participate in such plans or programs and on the same basis and at the same levels as other similarly situated senior executives of the Company generally.

2.3 Expenses . During the Employment Period, pursuant to the Company’s customary reimbursement policies in force at the time of payment, the Executive shall be promptly reimbursed, subject to the Executive’s presentation of vouchers or receipts therefor, for all expenses incurred by the Executive on behalf of the Company or any of its Affiliates in the performance of the Executive’s duties hereunder. Any reimbursement that is taxable income to the Executive shall be paid pursuant to Section 8.3 hereof.

2.4 Other Benefits . In the event additional enhanced benefits are granted to other members of the Company’s executive or management committees that are materially different than the benefits granted to the Executive hereunder or pursuant to any other benefit plans, policies or programs of the Company, the Executive shall be entitled to the receipt of such other benefits and the parties hereto will amend this Agreement to reflect such additional benefits.

3. Employment Period . The Executive’s employment under this Agreement commenced as of the Effective Date, and shall terminate on the first anniversary thereof, unless terminated earlier pursuant to Section 4 (the “ Initial Employment Period ”). Unless written notice of either party’s desire to terminate this Agreement has been given to the other party at least ninety (90) days but no more than one hundred and twenty (120) days prior to the expiration of the Initial Employment Period (or any renewal thereof contemplated by this sentence), the term of the Executive’s employment hereunder shall be automatically renewed for successive one-year periods (such term, including the Initial Employment Period, as it may be extended, the

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“ Employment Period ”). A notice of non-renewal provided by the Company shall be treated as a termination by the Company without Cause for purposes of Section 4.4 hereof and any equity grants, and a notice of non-renewal provided by the Executive shall be treated as a termination by the Executive without Good Reason for purposes of Section 4.6 hereof and any equity grants.

4. Termination and Forfeiture of Payments and Benefits .

4.1 Termination by the Company for Cause . The Executive’s employment with the Company may be terminated at any time by the Company for Cause.

(a) Upon a termination for Cause, the Company shall have no obligation to the Executive pursuant to this Agreement other than the payment of (i) the Executive’s then current accrued and unpaid Base Salary through his date of termination in accordance with the Company’s payroll practices, (ii) any accrued and unpaid bonus for the calendar year preceding the calendar year of termination, payable in accordance with Section 2.1(b) hereof, (iii) any unreimbursed business expenses incurred prior to the date of termination in accordance with Section 2.3 hereof and (iv) any other amounts and benefits the Executive is entitled to receive required by law or under any employee benefit plan and programs or equity plan or grant in accordance with the terms and provisions of such plans, programs, equity plan and grants. Collectively, Sections 4.1(a)(i) through 4.1(a)(iv) hereof shall be hereafter referred to as the “ Accrued Amounts ”.

(b) For purposes of this Agreement, the term “ Cause ” shall mean any of the following: (i) the Executive’s failure to perform materially his duties under the Agreement (other than by reason of illness or disability), (ii) the Executive’s indictment for, conviction of, or plea of no contest to, a felony or his indictment for, conviction of, or plea of no contest to, any other crime involving moral turpitude or his indictment for or conviction of a material dishonest act or fraud against the Company or any of its Affiliates, (iii) any act or omission by the Executive that is the result of his misconduct or gross negligence and that is, or may reasonably be expected to be, materially injurious to the financial condition, business or reputation of the Company or any of its Affiliates, or (iv) the Executive’s breach of any material provision of this Agreement. Any such occurrence described in clause (i) or (iv) of the preceding sentence that is curable shall constitute “ Cause ” only after the Company has given the Executive written notice of, and twenty (20) business days’ opportunity to cure, such violation, and then only if such occurrence is not cured. Notwithstanding the foregoing, if prior to the Executive’s termination of employment without Cause (x) the Executive commits a felony and (y) the Executive is later convicted of such felony following the date of such termination of employment, then the Executive shall repay to the Company all payments received by the Executive pursuant to Section 4.4 of this Agreement and the Company may repurchase the Executive’s outstanding common shares pursuant to those provisions of the applicable equity award agreements or shareholders’ agreements that would have applied to a repurchase of such common shares if the Executive had been terminated for Cause.

4.2 Disability . If, during the Employment Period, the Executive becomes “disabled” within the meaning of the Company’s applicable long-term disability plan, the Company shall have the right to terminate the Executive’s employment with the Company upon written notice to the Executive. Notwithstanding the foregoing, in the event that as a result of

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absence because of mental or physical incapacity Executive incurs a “separation from service” within the meaning of such term under Code Section 409A (as defined in Section 8 hereof), Executive shall on such date automatically be terminated from employment because of Disability. Upon such a termination, the Company shall have no obligation to the Executive other than to pay the Executive (i) the Accrued Amounts and (ii) a pro-rata Target Bonus (but not any Super Stretch Bonus) payment for the year of termination based on actual results and the portion of the fiscal year the Executive was employed by the Company through the effective date of such termination, payable in the calendar year following such termination at such time bonuses are paid to the Company’s other senior executives but prior to March 15th of such following calendar year (the “ Pro-Rata Bonus ”).

4.3 Death . The Executive’s employment with the Company shall terminate automatically upon the death of the Executive and the Company shall have no obligation to the Executive or the Executive’s estate other than to pay the Executive (i) the Accrued Amounts through the date of the Executive’s death and (ii) the Pro-Rata Bonus.

4.4 Termination by the Company Without Cause . The Executive’s employment with the Company may be terminated at any time by the Company without Cause upon prior written notice. Subject to the Executive’s continued compliance with his obligations under this Agreement and except as otherwise required by law or by the terms of the Company’s benefit plans (excluding severance plans) the Company shall have no obligation to the Executive other than: (i) the payment to the Executive of the Accrued Amounts; (ii) the payment to the Executive of the Pro-Rata Bonus; (iii) subject to Section 8.2 hereof, the payment of any deferred bonus; and (iv) subject to Sections 8.2 and 4.7 hereof, a lump-sum payment of an amount equal to 1.25 times the sum of (x) the Executive’s annual Base Salary plus (y) the Basic Bonus (as in effect as of the date of termination) payable on the sixtieth (60th) day after such termination. In the event that the Executive is eligible to receive the severance benefits provided for by this Section 4.4, the Executive shall not be eligible to receive severance benefits under any other Company plan, policy, or agreement.

4.5 Termination by the Executive for Good Reason . (a) During the Employment Period, the Executive’s employment with the Company may be terminated by the Executive for Good Reason, if the Executive provides the Company with notice within ninety (90) days following the first occurrence of the event constituting Good Reason detailing the specific circumstances alleged to constitute Good Reason. In the event that the Executive terminates his employment with the Company for Good Reason, the Executive shall be entitled to the same payments and benefits that he would have been entitled to receive under Section 4.4 if his employment had been terminated by the Company without Cause.

(b) For purposes of this Agreement, the term “ Good Reason ” shall mean any of the following conditions or events without the Executive’s prior consent: (i) a material diminution of the Executive’s title or a material diminution of the Executive’s position or responsibilities that is inconsistent with the Executive’s title, (ii) a material breach by the Company of any terms of the Agreement, (iii) a reduction in the Executive’s Base Salary or bonus potential, or the failure to pay the Executive any material amount of compensation when due, or (iv) a relocation of the Company’s principal U.S. place of business more than fifty (50) miles away from Washington, D.C. Any such occurrence of a condition or event set forth in

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clause (i)–(iv) above shall constitute “ Good Reason ” only after the Executive has given the Company written notice of, and thirty (30) business days’ opportunity to cure such violation(s). Any termination of employment as a result of Good Reason shall occur within one hundred and eighty (180) days of the occurrence of the Good Reason event.

4.6 Termination by the Executive Without Good Reason . The Executive may voluntarily resign from his employment with the Company without Good Reason, provided that the Executive shall provide the Company with ninety (90) days’ advance written notice (which notice requirement may be waived, in whole or in part, by the Company in its sole discretion) of his intent to terminate. Upon such a termination, the Company shall have no obligation other than the payment of the Executive the Accrued Amounts through the effective date of such termination as initially specified by the Executive (without giving effect to any waiver of the 90-day notice requirement), provided that the Company’s obligation shall not extend beyond 90 days from the date of the Executive’s notice of termination.

4.7 Release of Claims . Any and all amounts payable and benefits or additional rights provided pursuant to Sections 4.4 and 4.5 beyond the Accrued Amounts shall only be payable if the Executive delivers to the Company and does not revoke a waiver and release of claims in the form attached hereto as Exhibit A and such waiver and release of claims shall have become effective in accordance with its terms. Such waiver and release of claims shall be executed and delivered (and no longer subject to revocation, if applicable) within sixty (60) days following termination. Not later than seven (7) business days after the termination of employment, the Company shall deliver the waiver and release to the Executive duly executed by the Parent and the Company.

4.8 Resignation . Upon a termination of employment, the Executive will upon the Company’s request resign from all boards of directors and officer positions of the Company and any of its Affiliates.

4.9 No Mitigation/No Set Off/Beneficiary . In no event shall the Executive be obligated to seek other employment or take any other action by way of mitigation of the amounts payable to the Executive under any of the provisions of this Agreement, nor shall the amount of any payment hereunder be reduced by any compensation earned by the Executive as a result of employment by a subsequent employer. The Company’s obligation to pay the Executive the amounts provided and to make the arrangements provided hereunder shall not be subject to set off, counterclaim or recoupment.

4.10 Beneficiary . In the event the Executive dies after termination of employment, but prior to the payment of any amounts due under Section 4, such amounts shall be paid to the Executive’s estate, except that if the Executive provides written notice to the Company’s senior human resources personnel of a designated beneficiary or designated beneficiaries then such amount shall be paid to such designated beneficiary or designated beneficiaries.

4.11 280G Gross-Up . In the event that any amount or benefit that may be paid or otherwise provided to or in respect of the Executive by the Company or any affiliated company, whether pursuant to this Agreement or otherwise, is or may become subject to the tax imposed under Code Section 4999, the provisions of Exhibit D attached hereto shall be applicable.

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5. Covenants .

5.1 The Executive understands that, in the course of his or her employment with the Company, he or she will be given access to confidential information and trade secrets including, but not limit to, discoveries, ideas, concepts, software in various stages of development, designs, drawings, specifications, techniques, models, data, source code, object code, documentation, diagrams, flowcharts, research, development, processes, procedures, “know-how,” marketing techniques and materials, marketing and development plans, business plans, merger or acquisition investigations, customer names and other information relating to customers, price lists, pricing policies, and financial information (“ Confidential Information ”). Confidential Information also includes any information described above which the Company obtains from another party and which the Company treats as proprietary or designates as Confidential information, whether or not owned or developed by the Company. The Executive agrees that during his employment by the Company and thereafter to hold in confidence and not to directly or indirectly reveal, report, publish, disclose, or transfer any Confidential Information to any person or entity, or utilize any Confidential Information for any purpose, except in the course of the Executive’s work for the Company. The Executive agrees to turn over all copies of Confidential Information in his control to the Company upon request or upon termination of his employment with the Company. For purposes of this Section 5.1, the “Company” shall include Affiliates of the Company. The Executive agrees to enter into as of May 6, 2009 the Company’s general Conflict of Interest and Confidentiality Agreement set forth on Exhibit B .

5.2 The Executive agrees that, during his employment with the Company and for one (1) year thereafter (the “ Restricted Period ”), he will not, either directly or indirectly, hire Company employees or former employees (which shall for this purpose include any individual employed by the Company at any point during the year preceding such hiring), induce, persuade, solicit or any attempt to induce, persuade, or solicit any of the Company’s employees to leave the Company’s employ, nor will he help others to do so except to the extent that any such inducement, persuasion or solicitation or attempt to induce, persuade or solicit a Company employee to leave the Company’s employ during his employment is necessary or desirable as determined by the Executive’s good faith judgment in connection with the performance of the Executive’s duties to the Company as set forth in this Agreement. This means, among other things, that if the Executive’s employment with the Company terminates (whether voluntarily or involuntarily), he shall refrain for one (1) year from in any way helping any person or entity hire any of his former, fellow employees away from the Company, provided that the Executive may serve as a reference for such employees and former employees and actions taken by any person or entity with which the Executive is associated if the Executive is not, directly or indirectly, personally involved in any manner in the matter and has not identified such Company-related person or Affiliates for soliciting or hiring will not be considered a violation for purposes of this Section 5.2. This shall not be construed to prohibit general solicitations of employment through the placing of advertisements. For purposes of this Section 5.2, the Company shall include Affiliates of the Company.

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5.3 The Executive agrees that, during the Restricted Period, he shall not, without the prior written consent of the Board, engage in or become associated with any business or other endeavor engaged in or competitive with the businesses (the “ Protected Businesses ”) conducted by the Company or its Affiliates (which Protected Businesses include, without limitation, the provision of FSS services on a retail basis, a wholesale basis and on a distributor basis); provided, that, the Protected Businesses shall not include any other businesses of an entity (i) directly or indirectly owned or controlled by any Sponsor Shareholder (as such term is defined in the current draft of the Management Shareholders Agreement) (unless those businesses are businesses of the Company or any of its Subsidiaries or businesses of other entities in which the Company, directly or indirectly, owns 20% or more of the equity interests) or (ii) in which the Company, directly or indirectly, owns less than 20% of the equity interests. For these purposes, the Executive shall be considered to have become “associated with” a business or other endeavor if the Executive becomes directly or indirectly involved as an owner, principal, employee, officer, director, independent contractor, representative, stockholder, financial backer, agent, partner, advisor, lender, or in any other individual or representative capacity with any individual, partnership, corporation or other organization that is engaged in that business. The foregoing shall not be construed to forbid the Executive from making or retaining investments in less than one percent of the equity of any entity, if such equity is listed on a national securities exchange or regularly traded in an over-the-counter market.

5.4 The Executive agrees that during and after his employment by the Company, the Executive will assist the Company and its Affiliates in the defense of any claims, or potential claims that may be made or threatened to be made against the Company or any of its Affiliates in any action, suit or proceeding, whether civil, criminal, administrative, investigative or otherwise (a “ Proceeding ”), and will assist the Company and its Affiliates in the prosecution of any claims that may be made by the Company or any of its Affiliates in any Proceeding, to the extent that such claims may relate to the Executive’s employment or the period of the Executive’s employment by the Company. The Executive agrees, unless precluded by law, to promptly inform the Company if the Executive is asked to participate (or otherwise become involved) in any Proceeding involving such claims or potential claims. The Executive also agrees, unless precluded by law, to promptly inform the Company if the Executive is asked to assist in any investigation (whether governmental or otherwise) of the Company or any of its Affiliates (or their actions), regardless of whether a lawsuit has then been filed against the Company or any of its Affiliates with respect to such investigation. The Company agrees to reimburse the Executive for all of the Executive’s reasonable out-of-pocket expenses associated with such assistance, including lost wages or other benefits, travel expenses and any attorneys’ fees. Any reimbursement that is taxable income to the Executive shall be paid pursuant to Section 8.3 hereof.

5.5 The Company and the Executive acknowledge that the time, scope, geographic area and other provisions of this Section 5 have been specifically negotiated by sophisticated commercial parties and agree that all such provisions are reasonable under the circumstances of the activities contemplated by this Agreement. The Executive acknowledges and agrees that the terms of this Section 5: (i) are reasonable in light of all of the circumstances, (ii) are sufficiently limited to protect the legitimate interests of the Company and its Affiliates, (iii) impose no undue hardship on the Executive and (iv) are not injurious to the public. The

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Executive further acknowledges and agrees that (x) the Executive’s breach of the provisions of this Section 5 will cause the Company irreparable harm, which cannot be adequately compensated by money damages, and (y) if the Company elects to prevent the Executive from breaching such provisions by obtaining an injunction against the Executive, there is a reasonable probability of the Company’s eventual success on the merits. The Executive consents and agrees that if the Executive commits any such breach or threatens to commit any breach, the Company shall be entitled to temporary and permanent injunctive relief from a court of competent jurisdiction, without posting any bond or other security and without the necessity of proof of actual damage, in addition to, and not in lieu of, such other remedies as may be available to the Company for such breach, including the recovery of money damages. The parties hereto acknowledge and agree that the provisions of Section 7.8 below are accurate and necessary because (A) this Agreement is entered into in the District of Columbia, (B) as of the Effective Date, the District of Columbia will have a substantial relationship to the parties hereto, (C) the use of District of Columbia law provides certainty to the parties hereto in any covenant litigation in the United States, and (D) enforcement of the provisions of this Section 5 would not violate any fundamental public policy of the District of Columbia or any other jurisdiction. In the event that the agreements in this Section 5 shall be determined by any court of competent jurisdiction to be unenforceable by reason of their extending for too great a period of time or over too great a geographical area or by reason of their being too extensive in any other respect, they shall be interpreted to extend only over the maximum period of time for which they may be enforceable and/or over the maximum geographical area as to which they may be enforceable and/or to the maximum extent in all other respects as to which they may be enforceable, all as determined by such court in such action.

6. Notices . Any notice or communication given by either party hereto to the other shall be in writing and personally delivered; mailed by registered or certified mail, return receipt requested, postage prepaid; delivered by an internationally recognized delivery or courier service (such as FedEx or DHL); delivered by facsimile; or sent by electronic mail if the recipient acknowledges receipt, to the following addresses:

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Any notice shall be deemed given when actually delivered to such party at the designated address, or five days after such notice has been mailed or sent by overnight courier or when sent by facsimile with printed confirmat