Sales Employment Agreement Template (Page 5 of 7) in pdf

ARTICLE IX: NONCOMPETITION PROVISION. In further consideration of employment, the

Employee shall not engage in a business in any manner similar to or in competition with the Company's

or the Company's affiliated businesses during the term of his or her employment Furthermore, the

Employee shall not engage in a business in any manner similar to or in competition with the Company's

business for a period of

_________ (_____)

years from the date of termination of his or her

employment with the Company in the geographical area within a _______ (_____)-mile radius of any

present or future office opened by the Company during the term of employment and the geographical

area within a ________ (_____)-mile radius of the Employee’s home address.

The Employee shall not request any customers of any business then being conducted or

contemplated by the Company or its affiliates to curtail or cancel their business with the Company or its

affiliates.

The Employee shall not disclose to any person, firm or corporation any trade, technical or

technological secrets, any details of organizations or business affairs, any names of past or present

customers of the Company or its affiliates or any other information relating to the business or businesses

or their affiliates

The Employee shall not solicit, canvass or accept any business or transaction for any other

person, firm or corporation or business similar to any business of the Company or its affiliates.

The Employee shall not induce, or attempt to influence, any employee of the business or its

affiliates to terminate employment with the business or its affiliates or to enter into any employment or

other business relationship with any other person (including the Employee), firm or corporation,

The Employee shall not act or conduct himself or herself in any manner that he or she shall have

reason to believe is inimical or contrary to the interests of the Company or its affiliates.

The Employee shall not perform any act in violation hereof through any other person or entity or

through any plan, scheme or design calculated to circumvent the requirements hereof

The Employee acknowledges and agrees that the above restriction is reasonable as to duration

and geography, that it is fully enforceable, and waives any objection thereto and covenants to institute

no suit or proceeding or otherwise advance any position or contention to the contrary.

The Employee recognizes that immediate and irreparable damage will result to the Company if

the Employee breaches any of the terms and conditions of this article and, accordingly, the Employee

hereby consents to the entry of temporary, preliminary and permanent injunctive relief by any court of

competent jurisdiction against him or her to restrain any such breach, in addition to any other remedies

or claims for money damages that the Company may seek; and the Employee agrees to render an

equitable accounting of all earnings, profits and other benefits arising from such violations; and to pay

all costs and counsel fees incurred by the Company in enforcing this agreement, which rights shall be

cumulative. The Employee represents and warrants to the Company that his or her experience and

capabilities are such that he or she can obtain employment in business without breaching the terms and

conditions of this article and that his or her obligations under the provisions of this article (and the

enforcement thereof by injunction or otherwise) will not prevent him or her from earning a livelihood.

This covenant on the part of the Employee shall be construed as an agreement independent of

any other provisions of this agreement, and the existence of any claim or cause of action of the

Sales Employment Agreement Template Page 5