Non Competition and Protection of Confidential Information. Employee agrees that his position with Employer places him in a position of confidence and trust with the clients and employees of Employer. Employee acknowledges that inasmuch as the business of Employer is carried on in several states of the United States and that it is the intention of Employer to continue to expand the geographic area in which Employer engages in its business and marketing efforts and accordingly, it is reasonable that the restrictive covenants set forth below are not limited by specific geographic area but by the location of Employer’s clients and potential clients. Employee further acknowledges that the rendering of services to the clients of Employer necessarily requires the disclosure to Employee of confidential information and trade secrets of Employer and its clients (such as without limitation, marketing and licensing plans and business strategies). Employee consequently agrees that it is reasonable and necessary for the protection of the goodwill and business of Employer that Employee make the covenants contained herein. Accordingly, Employee agrees that while he is in Employer’s employ and for a period of two (2) years thereafter, Employee shall not directly or indirectly: (i) attempt in any manner to solicit from any client (except on behalf of Employer) business of the type performed by Employer or to persuade any client of Employer to cease to do business or to reduce the amount of business which any such client has customarily done or contemplates doing with Employer, whether or not the relationship between Employer and such client was originally established in whole or in part through Employee’s efforts;
Appears in 2 contracts
Samples: Employment Agreement (4 Kids Entertainment Inc), Employment Agreement (4 Kids Entertainment Inc)
Non Competition and Protection of Confidential Information. (a) Employee agrees that Employee's services hereunder are of a special, unique, extraordinary and intellectual character and his position with Employer places him in a position of confidence and trust with the clients (“s defined below) and employees of Employer. Employee acknowledges that inasmuch as the business of Employer is carried on in several states of the United States and that it is the intention of Employer to continue to expand the geographic area in which Employer engages in its business and marketing efforts and accordingly, it is reasonable that the restrictive covenants set forth below are not limited by specific geographic area but by the location of Employer’s 's clients and potential clients. Employee further acknowledges that the rendering of services to the clients of Employer necessarily requires the disclosure to Employee of confidential information and trade secrets of Employer and its clients (such as as, without limitation, marketing and licensing plans and business strategiesstrategies for the 4Kids TV Block, the CW 4Kids TV Block and for specific properties owned or represented by Employer and marketing budgets of clients and Employer). Employee and Employer agree that in the course of employment hereunder, Employee has and will continue to develop a personal acquaintanceship and relationship with Employer's clients, and knowledge of those clients' affairs and requirements. Employee acknowledges that Employer's relationships with its established clientele may therefore be placed in Employee's hands in confidence and trust. Employee consequently agrees that it is reasonable and necessary for the protection of the goodwill and business of Employer that Employee make the covenants contained herein. Accordingly, Employee agrees that while he is in Employer’s 's employ and for a period of two one (21) years year thereafter, Employee shall not directly or indirectly: :
(i) attempt in any manner to solicit from any client (except on behalf of Employer) business of the type solicited by Employer from client (e.g., the sale of advertising time) or performed by Employer or for client, or
(ii) attempt in any manner to persuade any client of Employer to cease to do business or to reduce the amount of business which any such client has customarily done or contemplates doing with Employer, whether ; or
(iii) employ or not attempt to employ or assist anyone else to employ any person who is then or at any time during the relationship between preceding year was in Employer's employ.
(iv) render any services of the type rendered by Employer and to its clients to or for any client of Employer unless such client was originally established in whole services are rendered as an employee or in part through Employee’s efforts;consultant of Employer.
Appears in 1 contract
Non Competition and Protection of Confidential Information. Employee agrees that his position with Employer places him in a position of confidence and trust with the clients and employees of Employer. Employee acknowledges that inasmuch as the business of Employer is carried on in several states of the United States and that it is the intention of Employer to continue to expand the geographic area in which Employer engages in its business and marketing efforts and accordingly, it is reasonable that the restrictive covenants set forth below are not limited by specific geographic area but by the location of Employer’s clients and potential clients. Employee further acknowledges that the rendering of services to the clients of Employer necessarily requires the disclosure to Employee of confidential information and trade secrets of Employer and its clients (such as without limitation, marketing and licensing plans and business strategies). Employee consequently agrees that it is reasonable and necessary for the protection of the goodwill and business of Employer that Employee make the covenants contained herein. Accordingly, Employee agrees that while he is in Employer’s employ and for a period of two six (26) years months thereafter, Employee shall not directly or indirectly: (i) attempt in any manner to solicit from any client (except on behalf of Employer) business of the type performed by Employer or to persuade any client of Employer to cease to do business or to reduce the amount of business which any such client has customarily done or contemplates doing with Employer, whether or not the relationship between Employer and such client was originally established in whole or in part through Employee’s efforts;; (ii) employ or attempt to employ or assist anyone else to employ any person who is then or at any time during the preceding year was in Employer’s employ:, (iii) render any services of the type rendered by Employer to its clients to or for any client of Employer unless such services are rendered as an employee or consultant of Employer. Notwithstanding anything herein to the contrary, the term “Employer,” as used in this Paragraph 7, shall mean Employer and affiliates. The term “client” shall mean (i) anyone who was then a client of Employer; (ii) anyone who was a client of Employer at any time during the one (1) year period immediately preceding the date of termination of employment; and (iii) any prospective client to whom Employer has made a formal presentation (i.e., the actual presentation of a marketing plan, licensing strategy and/or media plan) within a one (1) year period immediately preceding the date of such termination.
Appears in 1 contract
Non Competition and Protection of Confidential Information. Employee agrees that his position with Employer places him in a position of confidence and trust with the clients and employees of Employer. Employee acknowledges that inasmuch as the business of Employer is carried on in several states of the United States and that it is the intention of Employer to continue to expand the geographic area in which Employer engages in its business and marketing efforts and accordingly, it is reasonable that the restrictive covenants set forth below are not limited by specific geographic area but by the location of Employer’s clients and potential clients. Employee further acknowledges that the rendering of services to the clients of Employer necessarily requires the disclosure to Employee of confidential information and trade secrets of Employer and its clients (such as without limitation, marketing and licensing plans and business strategies). Employee consequently agrees that it is reasonable and necessary for the protection of the goodwill and business of Employer that Employee make the covenants contained herein. Accordingly, Employee agrees that while he is in Employer’s employ and for a period equal to the greater of (x) while Employee is receiving his Retirement Benefit or Special Retirement Benefit, or (y) two (2) years thereafterafter the termination or expiration of Employee’s employment, Employee shall not directly or indirectly: (i) attempt own, manage, operate, control, be employed by, render services to, consult with, advise or participate in the ownership, management, operation or control of, or be connected in any manner to solicit from with, any client (except on behalf of Employer) business of the type performed and character engaged in and competitive with that conducted by Employer or to persuade any client of Employer to cease to do business or to reduce the amount of business which any such client has customarily done or contemplates doing with Employer, whether or not the relationship between Employer and such client was originally established (as defined below in whole or in part through Employee’s efforts;this Paragraph 7). 5.
Appears in 1 contract
Non Competition and Protection of Confidential Information. Employee agrees that his position with Employer places him in a position of confidence and trust with the clients and employees of Employer. Employee acknowledges that inasmuch as the business of Employer is carried on in several states of the United States and that it is the intention of Employer to continue to expand the geographic area in which Employer engages in its business and marketing efforts and accordingly, it is reasonable that the restrictive covenants set forth below are not limited by specific geographic area but by the location of Employer’s clients and potential clients. Employee further acknowledges that the rendering of services to the clients of Employer necessarily requires the disclosure to Employee of confidential information and trade secrets of Employer and its clients (such as without limitation, marketing and licensing plans and business strategies). Employee consequently agrees that it is reasonable and necessary for the protection of the goodwill and business of Employer that Employee make the covenants contained herein. Accordingly, Employee agrees that while he is in Employer’s employ and for a period of two (2) years thereafter, Employee shall not directly or indirectly: (i) attempt in any manner to solicit from any client (except on behalf of Employer) business of the type performed by Employer or to persuade any client of Employer to cease to do business or to reduce the amount of business which any such client has customarily done or contemplates doing with Employer, whether or not the relationship between Employer and such client was originally established in whole or in part through Employee’s efforts;; (ii) employ or attempt to employ or assist anyone else to employ any person who is then or at any time during the preceding year was in Employer’s employ:, (iii) render any services of the type rendered by Employer to its clients to or for any client of Employer unless such services are rendered as an employee or consultant of Employer. Notwithstanding anything herein to the contrary, the term “Employer,” as used in this Paragraph 7, shall mean Employer and affiliates. The term “client” shall mean (i) anyone who was then a client of Employer; (ii) anyone who was a client of Employer at any time during the one (1) year period immediately preceding the date of termination of employment; and (iii) any prospective client to whom Employer has made a formal presentation (i.e., the actual presentation of a marketing plan, licensing strategy and/or media plan) within a one (1) year period immediately preceding the date of such termination. For the avoidance of doubt, the term “client” shall not be deemed to include any of the broadcasters and/or home video licensees to whom Employee has licensed television broadcast rights and/or home video rights to the television series represented by Employer.
Appears in 1 contract
