EXHIBIT 6.16
NON-COMPETITION AGREEMENT
This Non-Competition Agreement (Agreement) is made this 23rd day of July, 1999,
and entered into between 1-800-AutoTow Gulf Coast East, Inc., a Florida
corporation ("Company"), and Xxxxx Xxxxxxx.
AGREEMENT
1. In consideration, Xxxxx Xxxxxxx covenant and agree that for a period of
five (5) years they shall not;
(a) for their own accounts or either as agents,
consultants or servants, or as a seller of any
corporation or member of any firm, own, manage,
operate, join, control, or participate in the
ownership, management, operation or control of any
individual, or that division or part of any entity or
business that is in the vehicle towing, transport,
salvage or auction businesses, within one hundred
(100) miles of the Company or any affiliated company
operation;
(b) call upon any person who is, at that time, an
employee of the company or any affiliated company in
a managerial capacity for the purpose or with the
intent of enticing such employee away from or out of
the employ of the Company or any affiliated company;
(c) call upon any person or entity which is, at that time
or which as been, within one (1) year prior to that
time, a customer of the Company, or any affiliated
company for the purpose of soliciting or selling
products or services in direct competition with the
Company, or any affiliated Company;
(d) call upon any prospective acquisition candidate, on
his behalf or on behalf of any competitor in the
vehicle towing or transport business; or
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(e) disclose customers, whether in existence or proposed,
of the Company or any affiliated company, to any
person, firm, partnership, corporation or business
for any reason or purpose whatsoever excluding
disclosure to the Company or any affiliated company.
(f) In the event of an actual or threatened breach by
Xxxxx Xxxxxxx of any of the provisions in Paragraph 1
hereof, Company shall be entitled to an injunction
restraining Xxxxx Xxxxxxx from the prohibited conduct
without the necessity of establishing irreparable
injury to Company unless required under Florida law.
If a court of competent jurisdiction should hold that
the duration and/or scope (geographic or otherwise)
of the covenants contained in Paragraph 1 hereof are
in violation of Florida law, then, to the extent
permitted under Florida law, the Circuit Court for
Palm Beach County shall enforce all such covenants
(geographic and otherwise) to the fullest extent
permitted under Florida law and the parties hereto
agree to be bound by same. Nothing herein stated
shall be construed as prohibiting Company from
pursuing any other remedies available to it for such
breach or threatened breach, including the recovery
of damages from Xxxxx Xxxxxxx. In any action or
proceeding to enforce the provisions of this
agreement, or seeking damages for breach or
threatened breach of this agreement, the prevailing
party shall be reimbursed by the other party for all
costs incurred in such action or proceeding
including, without limitation, all court costs and
filing fees, and all reasonable attorneys' fees,
incurred either at the trial level or at all
appellate levels. Such reimbursement, if any, shall
be paid within thirty (30) calendar days after the
rendition of a final order in such action or
proceeding.
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(g) The existence of any claim or cause of action by
Xxxxx Xxxxxxx against Company, shall not constitute a
defense to the enforcement by Company of the
foregoing restrictive covenant.
(h) In the event Company obtains an injunction against
Xxxxx Xxxxxxx arising from Xxxxx Xxxxxxx'x violation
of any of the covenants set forth in this agreement,
then all of the terms of and covenants in this
agreement shall automatically be extended for a
period of one (1) year, with such extension period
commencing, without Order of Court or any writing or
other action by the parties hereto, on the date that
an injunction Order is entered against Xxxxx Xxxxxxx
in any such action or proceeding to enforce the
provisions of this agreement.
1-800-AutoTow, Gulf Coast East, Inc. L & W Collision, Towing & Recovery, Inc.
/s/ Xxxxxx X. Xxxxxxx /s/ Xxxxx Xxxxxxx
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Xxxxxx X. Xxxxxxx Xxxxx Xxxxxxx
Treasurer
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