THE AGGREGATE,
SUBJECT TO THE SUBMISSION OF A SUMMARY INVOICE FROM EMPLOYEE'S ATTORNEY, WHICH
FOR THE AVOIDANCE OF DOUBT SHALL NOT INCLUDE ANY CONFIDENTIAL OR PRIVILEGED
INFORMATION.
REIMBURSEMENT SHALL BE MADE IN LUMP SUM WITHIN THIRTY (30) DAYS OF
SUBMISSION OF SUCH INVOICE.
(H)
TRAVEL AND EXPENSES.
EMPLOYEE SHALL BE ENTITLED TO FLY
BUSINESS CLASS ON INTERNATIONAL FLIGHTS AND FOR ANY DOMESTIC FLIGHT GREATER THAN
OR EQUAL TO THREE (3) HOURS IN DURATION, THE TICKET FOR SUCH FLIGHT SHALL HAVE
THE CLASSIFICATION OF "Y-UP" OR SIMILAR FULL-FARE CLASSIFICATION ALLOWING FOR
AUTOMATIC UPGRADES TO BUSINESS CLASS OR FIRST CLASS. COMPANY SHALL REIMBURSE
EMPLOYEE FOR BUSINESS AND TRAVEL EXPENSES CONSISTENT WITH PAST PRACTICE WITH
RESPECT TO SIMILARLY SITUATED EMPLOYEES PURSUANT TO COMPANY POLICY.
(I)
TAXES AND DEDUCTIONS.
COMPENSATION PURSUANT TO THIS SECTION
SHALL IN ALL CASES BE LESS APPLICABLE PAYROLL TAXES AND OTHER DEDUCTIONS.
4.
NONDISCLOSURE OF CONFIDENTIAL INFORMATION
(A)
COMPANY HAS PROVIDED AND SHALL CONTINUE TO PROVIDE TO
EMPLOYEE CONFIDENTIAL INFORMATION AND TRADE SECRETS INCLUDING BUT NOT LIMITED TO
COMPANY'S PERMITS, LANDLORD AND PROPERTY OWNER INFORMATION, MARKETING PLANS,
GROWTH STRATEGIES, TARGET LISTS, PERFORMANCE GOALS, OPERATIONAL STRATEGIES,
SPECIALIZED TRAINING EXPERTISE, EMPLOYEE DEVELOPMENT, ENGINEERING INFORMATION,
SALES INFORMATION, TERMS OF NEGOTIATED LEASES, CLIENT AND CUSTOMER LISTS,
CONTRACTS, REPRESENTATION AGREEMENTS, PRICING INFORMATION, PRODUCTION AND COST
DATA, FEE INFORMATION, STRATEGIC BUSINESS PLANS, BUDGETS, FINANCIAL STATEMENTS,
TECHNOLOGICAL INITIATIVES, PROPRIETARY RESEARCH OR SOFTWARE PURCHASED OR
DEVELOPED BY COMPANY, INFORMATION ABOUT EMPLOYEES OBTAINED BY VIRTUE OF AN
EMPLOYEE'S JOB RESPONSIBILITIES AND OTHER INFORMATION COMPANY TREATS AS
CONFIDENTIAL OR PROPRIETARY (COLLECTIVELY THE "CONFIDENTIAL INFORMATION").
EMPLOYEE ACKNOWLEDGES THAT SUCH CONFIDENTIAL INFORMATION IS PROPRIETARY AND
AGREES NOT TO DISCLOSE IT TO ANYONE OUTSIDE COMPANY EXCEPT TO THE EXTENT THAT:
(I) IT IS NECESSARY IN CONNECTION WITH PERFORMING EMPLOYEE'S DUTIES; OR (II)
EMPLOYEE IS REQUIRED BY COURT ORDER TO DISCLOSE THE CONFIDENTIAL INFORMATION,
PROVIDED THAT EMPLOYEE SHALL PROMPTLY INFORM COMPANY, SHALL COOPERATE WITH
COMPANY TO OBTAIN A PROTECTIVE ORDER OR OTHERWISE RESTRICT DISCLOSURE, AND SHALL
ONLY DISCLOSE CONFIDENTIAL INFORMATION TO THE MINIMUM EXTENT NECESSARY TO COMPLY
WITH THE COURT ORDER.
EMPLOYEE AGREES TO NEVER USE TRADE SECRETS IN COMPETING,
DIRECTLY OR INDIRECTLY, WITH COMPANY.
WHEN EMPLOYMENT ENDS, EMPLOYEE WILL
IMMEDIATELY RETURN ALL CONFIDENTIAL INFORMATION TO COMPANY.
2
(B)
THE TERMS OF THIS SECTION 4 SHALL SURVIVE THE EXPIRATION OR
TERMINATION OF THIS AGREEMENT FOR ANY REASON.
FURTHER, THIS SECTION 4 SHALL NOT
BE APPLIED TO INTERFERE WITH EMPLOYEE'S SECTION 10 RIGHTS UNDER THE NATIONAL
LABOR RELATIONS ACT.
5.
NON-INTERFERENCE WITH COMPANY EMPLOYEES
(A)
TO FURTHER PRESERVE COMPANY'S CONFIDENTIAL INFORMATION,
GOODWILL AND LEGITIMATE BUSINESS INTERESTS, DURING EMPLOYMENT AND FOR TWELVE
(12) MONTHS AFTER EMPLOYMENT ENDS (THE "NON-INTERFERENCE PERIOD"), EMPLOYEE
SHALL NOT, DIRECTLY OR INDIRECTLY, HIRE, ENGAGE OR SOLICIT ANY CURRENT EMPLOYEE
OF COMPANY WITH WHOM EMPLOYEE HAD CONTACT, SUPERVISED, OR RECEIVED CONFIDENTIAL
INFORMATION ABOUT WITHIN THE TWELVE (12) MONTHS PRIOR TO EMPLOYEE'S TERMINATION,
TO PROVIDE SERVICES ELSEWHERE OR CEASE PROVIDING SERVICES TO COMPANY.
(B)
THE TERMS OF THIS SECTION 5 SHALL SURVIVE THE EXPIRATION OR
TERMINATION OF THIS AGREEMENT FOR ANY REASON.
6.