Exhibit 10.21
AGREEMENT TO LIMIT FUTURE COMPETITION
(Executive positions)
In consideration of the promises made by Firearms Training Systems, Inc.
("FATS"), to _____________, and vice versa, and the benefits which are
contemplated to be derived by each from the employment by FATS of the Employee,
Employee acknowledges and agrees that:
1. Employee is being employed by FATS as a __________. The responsibilities of
this position include ______________.
2. This is a position within FATS related to executive functions. As an
executive, Employee will have access to competitively sensitive information
concerning marketing, financial, and technical aspects of FATS' business.
3. Employee acknowledges that FATS competes in the markets for computer-
assisted, interactive firearms simulation systems, used for training and
other purposes, and related software and hardware.
Employee acknowledges that the companies listed on Attachment "A" compete
with FATS in those markets. Employee further acknowledges and understands
that Attachment "A" may be periodically updated and revised by the Company
as market conditions change.
4. Employee acknowledges that Employee's executive skills and knowledge are
usable in markets other than those in which FATS competes.
5. Employee agrees that, for a period of two (2) years following the
termination of his/her employment with FATS:
He/she will not be employed in an executive capacity by any of the
businesses listed on Attachment "A", as such attachment may be revised
from time to time;
and
He/she will not use his/her executive skills, knowledge, or expertise,
for the benefit of any of the businesses listed on Attachment "A", as
such attachment may be revised from time to time;
and
He/she will not permit his/her executive skills, knowledge, or
expertise to be used by or for the benefit of any of the businesses
listed on Attachment "A", as such attachment may be revised from time
to time;
and
He/she will not use any competitively sensitive information they have
received while employed by FATS for the benefit of any of the
businesses listed on Attachment "A", as such attachment may be revised
from time to time;
and
He/she will not permit any competitively sensitive information they
have received while employed by FATS to be used by or for the benefit
of any of the businesses listed on Attachment "A", as such attachment
may be revised from time to time.
6. Employee agrees that any dispute arising out of the terms of this agreement
(including any dispute as to the enforceability of this agreement) must be
resolved in a court of competent jurisdiction in Xxxxxx County, Georgia,
or, at the option of either the Employee or FATS, through arbitration under
the auspices and rules of the American Arbitration Association in Xxxxxx
County, Georgia.
7. If any provision of this agreement is found to be invalid, such invalidity
shall not affect the enforceability of the other provisions of this
agreement.
8. This agreement supersedes the confidentiality/noncompete agreement
dated April 10, 1995.
ACKNOWLEDGED AND AGREED TO
this day of , 1995
FIREARMS TRAINING SYSTEMS, INC.
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By:
Its
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-and-
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[Employee]
