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1. A Man, (hereinafter referred to as “the Employee”), covenants and agrees with A Company (hereinafter referred to as “the Company”), notwithstanding the termination of the Employee’s employment, he will not, at any time during the term of employment and for the greatest of the periods of time and within the largest of geographical areas listed in Schedule “A” hereto as may be enforceable by an order of a court of competent jurisdiction, from the date of termination of such employment, either individually or in partnership or jointly or in conjunction with any person or persons, firm, association, syndicate, company or corporation as principal agent, shareholder or in any other manner whatsoever carry on or be concerned with or interested in or advise, lend money to, guarantee the debts or obligations or permit his name or any part thereof to be used or employed by any person or persons, firm, association, syndicate, company or corporations engaged in or concerned with or interested in the manufacture or sale of products identical to or similar to those manufactured or sold by the Company.
2. If any covenant or provision herein is determined to be void or unenforceable in whole or in part, it shall not be deemed to affect or impair the enforceability or validity of any other covenant or provision of this Agreement or any part thereof.
3. The Employee acknowledges that through his association with the Company as an Employee, he will acquire and be entrusted with detailed confidential information and / or trade secrets concerning the present and contemplated services, techniques, products, processes and marketing involved in and used by the Company in connection with its business and concerning customers,their respective names,addressed,and needs,the disclosure of any of which detailed confidential information and trade secrets to competitors of the Company or the general public or other competitors would be highly detrimental to the best interests of the Company and its directors and shareholders.The Employee further acknowledges and agrees to the right to maintain such detailed confidential information and trade secrets constitutes a proprietary right,which the Company is entitled to protect.Accordingly, the Employee conenants and agrees with the Company that he will not,at any time,disclose any of such detailed confidential information and /or trade secrets to any person,nor shall the Employee use such detailed confidential information and /or trade secrets for any purposes other than for the Company.
4. The Employee agrees that all or any improvements of inventions created (in full or in part)by the Employee during the course of his employment with the Company shall be the property of the Company.
5. The Employee acknowledges that during the course of his employment he may be placed in position of authority as a representative of the Company. The employee agree that during the course of employment he is not to abuse this authority for benefits not in the best interest of the Company.The Employee further agree not to accept any compensations,which are not on behalf of the Company,from the existing or potential vendors or clients of the Company,whether monetary or otherwise,and that non compliance with this sufficient reason for immediate dismissal of employment not requiring of notice or compensation in lieu of notice.
6. The Company and the Employee hereby further acknowledge and agree that:
a. All restrictions in this restrictive Covenant are reasonable and valid and are necessary and fundamental to the protection of the business of the Company.
b. All restrictions in the Restrictive Covenant are to be given such fair and liberal construction as will best attain the objectives of the Company.
c. A breach of any term of condition of the Employment agreement by the Company will not, by itself , afford a valid defence to the strict enforcement hereof; and
d. All technical defences to the strict enforcement of the restriction in this Restrictive Covenant is hereby waived.
7. This agreement shall be construed in accordance with and governed by the laws in force from time in the Province of British Columbia.
1. Time Period:
For a period of 3 years; or
For a period of 2 years; or
For a period of 1 years
2. Gergraphic Area
within North America; or
within Canada; or
within Quebec, Ontario, and British Columbia
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2001-8-17 -04:00
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