Acknowledgment of Competitive Business. Executive acknowledges and agrees that the Company is engaged in a highly competitive industry and must protect its Confidential Information against unauthorized use or disclosure that would irreparably harm the Company’s interests. Executive recognizes that the disclosure by the Company to Executive of certain of its Confidential Information will be necessary and useful to Executive in the performance of his job duties for the Company under this Agreement. As a result, Executive will have access to Confidential Information that could be used by the Company’s competitors in a manner which would irreparably harm the Company’s competitive position in the marketplace.
Acknowledgment of Competitive Business. Employee acknowledges and agrees that (i) the Business of the Company and the Company Group is highly competitive; (ii) he is entitled by virtue of his position of trust and confidence with the Company and the Company Group and his duties, responsibilities, and authorities under this Agreement to access Confidential Information which could be used by competitors of the Company and the Company Group in a manner that would irreparably harm their competitive position in the marketplace; (iii) he will be responsible under this Agreement and as the trusted representative of the Company and the Company Group for developing and continuing valuable business relationships and goodwill on behalf of them with their most important customers, vendors, and employees; (iv) he could call on such relationships, goodwill, and Confidential Information if he competed against the Company or the Company Group to gain an unfair competitive advantage that would irreparably harm them; and (v) the goodwill and Confidential Information Employee will develop and receive pursuant to this Agreement will enhance his reputation in the Business and increase his earning capacity.
Acknowledgment of Competitive Business. The Employee acknowledges that (i) the Company’s Business is highly competitive; (ii) an essential element of the Company’s Business is the development and maintenance of personal contacts and relationships with its customers and accounts; (iii) the Company’s customers and accounts are located throughout the United States, Mexico, and Brazil; (iv) the Company has invested significant efforts and resources in building and creating its Confidential Information, specialized training methodologies, customer and account relations, personnel relations, and goodwill, all of which give the Company and its affiliates a competitive advantage; (v) the RSUs and Options provided to the Employee in connection with his employment with the Company are designed to provide him with financial and other incentives to protect the Company’s Confidential Information; to maintain, enhance, and grow the Company’s profitability, goodwill, and customer relations; and to protect the Company’s other legitimate business interests; and (vi) the Employee is entitled under this Agreement to receive specialized training related to the Business and Confidential Information related to accounts, customers, and employees which will enhance his reputation in the Business and increase his earning capacity and could be used by the Company’s competitors in a manner that would irreparably harm the Company’s competitive position in the marketplace; (vii) it is therefore reasonable for the Company to protect its Confidential Information, goodwill, and other legitimate business interests against unfair competition; (viii) the Employee may be responsible for, among other things, using the Company’s Confidential Information and building relationships with important Company customers and accounts and the continuation of such relationships and the related goodwill shall be an invaluable asset of the Company necessary to the Company’s competitive advantage; and (ix) if the Employee were to compete with the Company Group, the Employee could divert certain of these relationships, and the related goodwill and business, away from the Company Group.
