The parties mutually recognize that, in the course of your employment with company, you will have access to and will acquire knowledge of confidential and proprietary company information. This information includes, without limitation: marketing and strategies; customer names, needs, and other information; client potential; and other types of information which would place company at a competitive disadvantage if known by or revealed to competitors or customers. The parties mutually recognize that, in the course of your employment with company, in addition to company information, you will receive special assistance in marketing and special training which is not generally available elsewhere and which could harm company is known by her revealed to its competitors or customers. Accordingly, you agree:
a. You will never disclose to any person or entity any of company’s confidential information or its confidential marketing and training programs.
b. You will not enter into any employment or other agreement to perform services as an account executive or sales manager or perform any other services set forth in paragraph 10 for any company located within 50 miles of the company’s office in which you work for a period of 120 days after the termination of your employment with company.
c. You will not have any contact with and will not solicit clients or customers of company for a period of six months after the termination of your employment was station.
You agree that the restrictions set forth above are reasonable, appropriate unenforceable because:
i. Company is one of the leading companies in its industry in the United States, with locations throughout the United States;
ii. as an integral part of its business, company has expanded a great deal of time, money and effort to develop and maintain confidential, proprietary and trade secret information to compete against similar businesses; this information, if misused or disclosed, could be very harmful to company’s business and its competitive position in the marketplace;
iii. your position with company provides you with access to company’s confidential and proprietary trade secret information, strategies and other confidential business information that would be of considerable value to competing business;
iv. Company compensates its executives and other associates to, among other things, develop and maintain valuable goodwill and relationships on company’s behalf and to develop and maintain business information for companies exclusive ownership and use;
v. Long-term customer and supplier relationships are difficult to develop and maintain and require significant investment of time, effort and expense;
vi. Company is entitled to appropriate safeguards to ensure that you do not use any confidential information given to you during your employment by company or take any other action that could result in a loss of companies goodwill developed on company’s behalf and at its expense, and to prevent you and/or any competing business from having an unfair competitive advantage over company;
vii. the amount of compensation and benefits you receive from companies based in considerable part on your express agreement to refrain from competing with company and to maintain the confidentiality of companies proprietary information in accordance with the terms of this agreement;
viii. the limited time period during which you have agreed not to compete with company after leaving company’s employment, the limited scope of the restriction and the limited prohibition on your activities are reasonable to ensure company’s confidential current and long-term business methods, strategies and plans are not made available to its competitors; and
ix. on balance, in light of your training and background, the restrictions will not pose an undue hardship on you.
You knowledge and agree that the individualized services and capabilities that you will provide to company under this agreement are of a personal, special, unique, unusual, extraordinary and intellectual character.
Company has entered into this agreement in order to obtain the benefit of executive’s unique skills, talent, and experience. Executive acknowledges and agrees that any violation of this agreement will result in irreparable damage to company and, accordingly, company may obtain injunctive and other equitable relief for any breach or threaten breach of this agreement, in addition to any other remedies available to company.