Sales Employment Agreement Template (Page 6 of 7) in pdf

Employee against the Company, whether predicated on this agreement or otherwise, shall not constitute

a defense to the enforcement by the Company of this covenant. In the event that the Employee is in

breach of any of the provisions of this Article IX, the period of proscription from doing the act or acts

constitute a breach of this Article IX shall be extended for a period of two (2) years from the date that

the Employee ceased, whether voluntarily or by court order, to engage in or do said actions.

The Employee recognizes and agrees that the Company does not have a remedy at law adequate

to protect the Company's rights and interests as set forth in this article, and the Employee therefore

agrees that the Company shall have the right to an injunction enjoining the Employee from violating the

provisions of this article. Nothing herein contained shall be construed as prohibiting the Company from

pursuing any other remedies available to the Company for such breach or threatened breach, including

the recovery of damages from the Employee.

If any action at law or equity is necessary to enforce or interpret the terms of this agreement, the

Employee agrees to pay the Company reasonable attorney's fees, costs and necessary disbursements, in

addition to any other relief and/or damages to which the Company may be entitled.

In the event that a court of competent jurisdiction determines that this restrictive covenant and

covenant not to compete is unenforceable in whole or in part for any reason, including, without

limitation, the duration, scope and remedies set forth above, then same shall not be void, but rather shall

be enforced to the extent that same is deemed to be enforceable by said court, as if originally executed in

that form by the parties hereto,

ARTICLE X: MISCELLANEOUS. Service of all notice under this agreement shall be sufficient

if made by registered mail to the specific party involved herein at his or her respective address

hereinafter set forth or as such party may provide from time to time in writing:

For the Company:

___________________________

For the Employee:

___________________________

This agreement constitutes the entire agreement between the parties hereto and supersedes all

prior negotiations, understandings and agreements, whether oral or written, of any nature whatsoever

with respect to the term of employment that is the subject matter hereof, and there are no

representations, warranties, understandings or agreements other than those expressly set forth herein

between the Company and the Employee. This agreement cannot be changed, modified or terminated

except in writing and signed by the parties hereto.

The validity, interpretation, construction and enforcement of this agreement shall be governed by

the laws of the state of __________.

The Company shall have the right, but not the obligation, to assign this agreement and the

Company's rights hereunder in whole, but not in part, to any corporation or other entity with or into

which the Company may hereafter merge or consolidate or to which the Company may transfer all or

substantially all of its assets provided such corporation or other entity assumes all of the Company's

obligations hereunder.

The Employee understands and acknowledges that his or her employment contract is a contract

for personal services of the Employee and cannot be assigned

Sales Employment Agreement Template Page 6