Non Competition Non Solicitation and Other Restrictive Covenants. Xxxxxxxxxx agrees that the terms and conditions contained in Section 6 of the Employment Agreement shall remain in full force and effect and shall survive his resignation from Systemax, except that the definition of “Non-Compete Period” therein is hereby amended to be the five (5) -year period immediately following the date of execution of this Agreement. Xxxxxxxxxx further acknowledges that Systemax’s release provided in Section 5 hereof and other agreements herein are in consideration for, and constitute sufficient consideration for, the promises set forth in Section 6 of the Employment Agreement incorporated herein, Xxxxxxxxxx’x release set forth in Section 5 hereof and his obligations under Section 7, 8 and 10 hereof, which are material terms of this Agreement inducing Systemax to enter herein. Xxxxxxxxxx further acknowledges that the restrictions contained in Section 6 of the Employment Agreement incorporated herein and Section 7, 8 and 10 hereof will not prevent him from obtaining other suitable employment commensurate with his skills and abilities. Xxxxxxxxxx and Systemax agree that it is their mutual intent that Systemax’s interests in its Confidential Information (as described in Section 6 of the Employment Agreement), human resources, and goodwill be protected to the maximum extent permitted by law, but not beyond. Therefore, Xxxxxxxxxx and Systemax agree that, should a court find that any restrictions as written in this Agreement are excessive due to duration, scope, territory covered, or otherwise, the court may revise the restrictions to the extent necessary for enforcement and shall enforce the Agreement as so revised. In addition, for a period of five (5) years from the Effective Date of this Agreement, Xxxxxxxxxx shall not, either directly or indirectly, separately or in association with others, communicate or have any contact with (whether by phone, e-mail or in person or by other means) any employee, officer or director of Systemax or its affiliates for any reason related to Systemax except as expressly agreed to in advance by an executive officer of Systemax. Except as otherwise expressly provided herein, for a period of five (5) years from the Effective Date of this Agreement, Xxxxxxxxxx shall not (unless specifically directed to by an executive officer of Systemax) appear in person at Systemax’s offices, distribution facility, retail location, call center or any other Systemax location, but shall fully cooperate through his counsel wit...
Non Competition Non Solicitation and Other Restrictive Covenants
