[Translation]
Deutsche Telekom [logo]
POST-CONTRACTUAL NON-COMPETE AGREEMENT
by and between
Deutsche Telekom AG
- hereinafter referred to as the "Company" -
represented by its Supervisory Board,
and
[Name]
the following post employment non-compete agreement is concluded, supplementing
the service agreement in effect from time to time:
Standard form as in
effect as of the filing date.
1. Mr. [Name] is prohibited from acting for or on behalf of or advising an
enterprise which is in competition with the Company or any of its
affiliates ________ in the segment of ______________ or is affiliated
with such enterprise, for the period of ______________ after the
termination of his service agreement, in a freelance, employment or any
other relationship. Mr. [Name] is also prohibited from establishing,
acquiring or directly or indirectly participating in such an
enterprise.
2. For the term of the post-contractual non-compete agreement, Mr. [Name]
shall receive compensation in the amount of
____________________________. The compensation shall be paid in pro
rata installments at the end of each month. Payments
____________________shall be deducted from such compensation.
3. The Company may submit a written notification to Mr. [Name] at any
time, both during the term of the [Management Board] Service Agreement
or after its termination, waiving compliance with the post-contractual
non-compete agreement. In that case, the Company's obligation to pay
compensation shall cease six months after such notification.
4. Should the [Management Board] Service Agreement end due to a permanent
disability or after reaching the age of 62 or due to Mr. [Name]`s
dismissal by the Company or resignation from the Board of Management
for good cause (aus wichtigem Xxxxx), the Company's obligation to pay
compensation shall cease immediately, if the Company waived compliance
with the post-contractual non-compete agreement as set forth above.
5. In the event of a breach of this non-compete agreement, the Company
shall be entitled to a contractual penalty for each breach in the
amount of _______________. In the event of a permanent breach, the
contractual penalty shall be imposed for each month in which a breach
occurs. In addition, the Company may claim damages, or request an order
enjoining any future violations.
6. In the event that one or more provisions contained in this Agreement
should be or become invalid in full or in part, this shall not affect
the validity of the remaining provisions. An invalid provision shall be
replaced by a valid provision reflecting the commercial objectives of
the parties as closely as possible. This shall also apply if the
invalidity of a provision is based on a measurement of performance or
time, in which case the legally applicable measurement shall apply.
Xx. Xxxxx Xxxxxxxxx [Name]
