Representations of the Employee. The Employee represents and warrants to the Employer that: (a) There are no restrictions, agreements or understandings whatsoever to which the Employee is a party that would prevent or make unlawful the Employee’s execution of this Agreement or the Employee’s employment under this Agreement, or that is or would be inconsistent, or in conflict with this Agreement or the Employee’s employment under this Agreement, or would prevent, limit or impair in any way the performance by the Employee of the obligations under this Agreement; and (b) the Employee has disclosed to the Employer all restraints, confidentiality commitments or other employment restrictions that the Employee has with any other employer, person or entity. (ii) Upon and after the Employee’s termination or cessation of employment with the Employer, including any post-Term at-will employment, and until such time as no obligations of the Employee to the Employer hereunder exist, the Employee: (a) shall provide a complete copy of this Agreement to any 10 prospective employer or other person, entity or association in a Competing Business with whom or which the Employee proposes to be employed, affiliated, engaged, associated or to establish any business or remunerative relationship prior to the commencement thereof, provided that Employee shall first cause the compensation amounts hereunder to be deleted or not disclosed; and (b) shall notify the Employer of the name and address of any such person, entity or association prior to the Employee’s employment, affiliation, engagement, association or the establishment of any business or remunerative relationship.
Appears in 2 contracts
Samples: Employment Agreement (J C Penney Co Inc), Employment Agreement (J C Penney Co Inc)
Representations of the Employee. The Employee represents and warrants to the Employer that:
(a) There are no restrictions, agreements or understandings whatsoever to which the Employee is a party that would prevent or make unlawful the Employee’s 's execution of this Agreement or the Employee’s 's employment under this Agreement, or that is or would be inconsistent, or in conflict with this Agreement or the Employee’s 's employment under this Agreement, or would prevent, limit or impair in any way the performance by the Employee of the obligations under this Agreement; and (b) the Employee has disclosed to the Employer all restraints, confidentiality commitments or other employment restrictions that the Employee has with any other employer, person or entity.
(ii) Upon and after the Employee’s 's termination or cessation of employment with the Employer, including any post-Term at-will employment, and until such time as no obligations of the Employee to the Employer hereunder exist, the Employee: (a) shall provide a complete copy of this Agreement to any 10 prospective employer or other person, entity or association in a Competing Business with whom or which the Employee proposes to be employed, affiliated, engaged, associated or to establish any business or remunerative relationship prior to the commencement thereof, provided that Employee shall first cause the compensation amounts hereunder to be deleted or not disclosed; and (b) shall notify the Employer of the name and address of any such person, entity or association prior to the Employee’s 's employment, affiliation, engagement, association or the establishment of any business or remunerative relationship.
Appears in 2 contracts
Samples: Employment Agreement (J C Penney Co Inc), Employment Agreement (J C Penney Co Inc)
Representations of the Employee. The Employee represents and warrants toward the Company and m-Wise as follows:
3.1 Employee shall perform faithfully his duties as may be assigned to him from time to time by the Supervisor to the Employer that:best of his ability, and shall devote his full and undivided business time to the promotion of the Company's and m-Wise's business. Employee undertakes not to engage in any other business activities other than at the direction, or with the written approval, of the Board of Directors of m-Wise.
(a) There are no restrictions3.2 Employee shall inform the Company, agreements immediately upon becoming aware of every matter in which he or understandings whatsoever a member of his immediate family has a personal interest or which might create a conflict of interests with his duties under his employment.
3.3 Employee shall not, unless otherwise agreed in writing by the Company, during the term of this Agreement, engage, employ or initiate, directly or indirectly, in any other compensatory job, business, employment or other business related involvement, except for his employment under this Agreement.
3.4 The execution and delivery of this Agreement and the fulfillment of the terms hereof shall not constitute a default under or a breach of any agreement or other instrument to which the Employee is a party that would prevent or make unlawful by which he is bound, including without limitation, any confidentiality or non competition agreement, and does not require the Employee’s execution consent of this Agreement or the Employee’s employment under this Agreement, or that is or would be inconsistent, or in conflict with this Agreement or the Employee’s employment under this Agreement, or would prevent, limit or impair in any way the performance by the Employee of the obligations under this Agreement; and (b) the Employee has disclosed to the Employer all restraints, confidentiality commitments or other employment restrictions that the Employee has with any other employer, person or entity.
(ii) Upon 3.5 Employee shall not utilize, during the term of this Agreement, any proprietary information of any of his previous employers.
3.6 Employee shall abide by the Company and after m-Wise's rules and regulations, as shall be published from time to time.
3.7 In carrying out the Employee’s termination duties under this Agreement, Employee shall not make any representations, or cessation of employment with the Employer, including give any post-Term at-will employment, and until such time as no obligations guaranties on behalf of the Employee Company or m-Wise, except as specifically authorized to the Employer hereunder exist, the Employee: (a) shall provide a complete copy of this Agreement to any 10 prospective employer or other person, entity or association in a Competing Business with whom or which the Employee proposes to be employed, affiliated, engaged, associated or to establish any business or remunerative relationship prior to the commencement thereof, provided that Employee shall first cause the compensation amounts hereunder to be deleted or not disclosed; and (b) shall notify the Employer of the name and address of any such person, entity or association prior to the Employee’s employment, affiliation, engagement, association or the establishment of any business or remunerative relationshipso do.
Appears in 2 contracts
Samples: Personal Employment Agreement (M Wise Inc), Personal Employment Agreement (M Wise Inc)