EXHIBIT 10.6
Non-Competition Agreement
Party A: Shanghai Newsummit Biopharma Co,. Ltd
Party B: ______
1. Purpose of the Agreement
The success of Party A is heavily depend on its business secrets (including
technological secrets and operational secrets), client relationships (including
which has been disclosed) and other legally protected rights (e.g. goodwill),
which are created and maintained by the great efforts and financial investments
made by Party A. Party B recognizes the rights and interests created and
maintained by Party A, and therefore Party B hereby agrees as following:
2. Term, Territory and Business Scope
Within ___ years of the termination of the Employment Contract, Party B shall
not establish, jointly establish, invest in, operate, or be employed by any
business whose business scope may include development, consultation, transfer
and/or service of technology which is in connection with pharmacy, bio-products,
health products, diagnostic reagent, medical equipments and/or laboratory
equipments.
3. Non-Solicitation of Employee
Within three years of the termination of the Employment Contract, Party B shall
not directly or indirectly solicit or help solicit Party A's employee, who holds
or may hold Party A's business secrets, to reveal those secrets to or to leave
for any third party without Party A's prior consent.
4. Non-Solicitation of Clients
Within three years of termination of the Employment Contract and within the
territories where Party A's business are conducted, Party B shall not directly
or indirectly influence or try to influence the relationship between Party A and
its clients, which include but not limited to those who had, or have, or will
have business relationship with Party A, and therefore shall not solicit Party
A's clients to shift to any third party.
5. Compensation
In consideration of Party B's observance of liabilities set forth in Article 2,
3 and 4 of this Agreement, Party A shall pay to Party B compensation which shall
be 50% of the annual salary of Party B in the last fiscal year of his service in
Party A.
6. Severability
In the event that any provision of this Agreement is amended by both Parties or
is held invalid or amended by judicial institutes, such amendment or
invalidation shall not affect the validity of remaining provisions of this
Agreement.
7. Integral Agreement
This Agreement constitutes an integral exhibit of the Employment Contract, and
shall carry equal binding force as the Employment Contract.
8. Liabilities
In the event that Party B breaches any or all of Article 2, 3 and 4 of this
Agreement, Party B shall pay RMB____ to Party A. In the event the foresaid
amount is insufficient to cover the actual loss suffered by Party A, Party B
shall thereafter make further compensation to cover the remainder.
9. Declaration of True Intention
This Non-Competition Agreement is made based on the true intention of both Party
A and Party B without any implication or coercion imposed on Party B by Party A.
Party B commit himself to observe this Agreement with full voluntary.
Party A: Shanghai Biopharma Co., Ltd Party B:
Enrollment No.:
ID Number:
