Covenants Regarding Other Employees. During the Term, and for a period of one (1) year thereafter, the Executive agrees not to actively solicit directly any exempt, supervisory or management (as such terms are defined under the Fair Labor Standards Act) employee ("Prohibited Employee") of the Company to terminate his or her employment with the Company or to interfere in a similar manner with the business of the Company. For each breach of this provision by Executive, in addition to the injunctive rights and remedies available to the Company as provided in this Agreement but otherwise as the Company's exclusive remedy, Executive hereby agrees to pay the Company, not as penalty but as liquidated damages to reimburse the Company for training and recruiting costs incurred in replacing such Prohibited Employee, a sum equal to fifty percent (50%) of the employee's annual salary as of the date of the Prohibited Employee's termination of employment with the Company.
Appears in 2 contracts
Samples: Employment Agreement (Eddie Bauer Holdings, Inc.), Employment Agreement (Eddie Bauer Holdings, Inc.)
Covenants Regarding Other Employees. During the Term, and for a period of one twelve (112) year thereaftermonths following the Executive’s termination of employment for any reason, the Executive agrees not to actively solicit directly or indirectly any exempt, supervisory or and/or management (as such terms are defined under the Fair Labor Standards Act) employee ("“Prohibited Employee"”) of the Company to terminate his or her employment with the Company or to interfere in a similar manner with the business of the Company. For each breach of this provision by Executive, in addition to the injunctive rights and remedies available to the Company as provided in this Agreement but otherwise as the Company's exclusive remedyAgreement, Executive hereby agrees to pay the Company, not as a penalty but as liquidated damages to reimburse the Company for training and recruiting costs incurred in replacing such Prohibited Employee, a sum equal to fifty percent (50%) of the employee's ’s annual salary as of the date of the Prohibited Employee's ’s termination of employment with the Company.
Appears in 1 contract
Samples: Employment Agreement (Spiegel Inc)
Covenants Regarding Other Employees. During the Term, and for a period of one twelve (112) year thereaftermonths following the Executive's termination of employment for any reason, the Executive agrees not to actively solicit directly or indirectly any exempt, supervisory or and/or management (as such terms are defined under the Fair Labor Standards Act) employee ("Prohibited Employee") of the Company to terminate his or her employment with the Company or to interfere in a similar manner with the business of the Company. For each breach of this provision by Executive, in addition to the injunctive rights and remedies available to the Company as provided in this Agreement but otherwise as the Company's exclusive remedyAgreement, Executive hereby agrees to pay the Company, not as a penalty but as liquidated damages to reimburse the Company for training and recruiting costs incurred in replacing such Prohibited Employee, a sum equal to fifty percent (50%) of the employee's annual salary as of the date of the Prohibited Employee's termination of employment with the Company.
Appears in 1 contract
Samples: Employment Agreement (Spiegel Inc)
Covenants Regarding Other Employees. During the Term, and for a period of one twelve (112) year thereaftermonths following the Executive’s termination of employment for any reason, the Executive agrees not to actively solicit directly any exempt, supervisory or and/or management (as such terms are defined under the Fair Labor Standards Act) employee ("“Prohibited Employee"”) of the Company to terminate his or her employment with the Company or to interfere in a similar manner with the business of the Company. For each breach of this provision by Executive, in addition to the injunctive rights and remedies available to the Company as provided in this Agreement but otherwise as the Company's exclusive remedyAgreement, Executive hereby agrees to pay the Company, not as a penalty but as liquidated damages to reimburse the Company for training and recruiting costs incurred in replacing such Prohibited Employee, a sum equal to fifty percent (50%) of the employee's ’s annual salary as of the date of the Prohibited Employee's ’s termination of employment with the Company.
Appears in 1 contract
Samples: Employment Agreement (Spiegel Inc)