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Sample Confidentiality and Non-Competition Agreement


8. Prior Obligations. I have informed the Company in writing of any and all continuing obligations that require me not to disclose to the Company any information or that limit my opportunity or capacity to compete with any previous employer.

9. Employee's Obligation To Cooperate. At any time upon request of the Company (and at the Company's expense), I shall execute all documents and perform all lawful acts the Company considers necessary or advisable to secure its rights hereunder and to carry out the intent of this Agreement.

10. Return Of Property. At any time upon request of the Company, and upon termination of my employment, I shall return promptly to the Company, including all copies of all Confidential Information or Developments, and all records, files, blanks, forms, materials, supplies, and any other materials furnished, used or generated by me during the course of my employment, and any copies of the foregoing, all of which I recognize to be the sole property of the Company.

11. Special Remedies. I recognize that money damages alone would not adequately compensate the Company in the event of breach by me of this Agreement, and I therefore agree that, in addition to all other remedies available to the Company at law or in equity, the Company shall be entitled to injunctive relief for the enforcement hereof. Failure by the Company to insist upon strict compliance with any of the terms, covenants, or conditions hereof shall not be deemed a waiver of such terms, covenants or conditions.

12. Miscellaneous Provisions. This Agreement contains the entire and only agreement between me and the Company respecting the subject matter hereof and supersedes all prior agreements and understandings between us as to the subject matter hereof; and no modification shall be binding upon me or the Company unless made in writing and signed by me and an authorized officer of the Company.

My obligations under this Agreement shall survive the termination of my employment with the Company regardless of the manner of or reasons for such termination, and regardless of whether such termination constitutes a breach of this Agreement or of any other agreement I may have with the Company. If any provisions of this Agreement are held or deemed unenforceable or too broad to permit enforcement of such provision to its full extent, then such provision shall be enforced to the maximum extent permitted by law. If any of the provisions of this Agreement shall be construed to be illegal or invalid, the validity of any other provision hereof shall not be affected thereby.

This Agreement shall be governed and construed according to the laws of [specify State], and shall be deemed to be effective as of the first day of my employment by the Company.

BY SIGNING THIS AGREEMENT, I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTOOD ALL OF ITS PROVISIONS AND THAT I AGREE TO BE FULLY BOUND BY THE SAME.


Employee
 
Date
 

Accepted By
[Name and Title of Officer]
 
Date
 

Copyright 1995 Steven M. Sack


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