ENCOURAGE ANY EMPLOYEE OF THE COMPANY TO LEAVE THE
EMPLOYMENT OF THE COMPANY, NOR SHALL THE EMPLOYEE USE OR DISCLOSE TO ANY PERSON,
PARTNERSHIP, ENTITY, ASSOCIATION, OR CORPORATION ANY INFORMATION CONCERNING THE
NAMES, ADDRESSES, PERSONAL TELEPHONE NUMBERS, WORK HABITS, OR COMPENSATION OF
ANY EMPLOYEES OF THE COMPANY.
(B)
THE EMPLOYEE UNDERSTANDS THAT THE FOREGOING RESTRICTIONS MAY LIMIT
HIS ABILITY TO ENGAGE IN A BUSINESS SIMILAR TO THE COMPANY'S BUSINESS IN
SPECIFIC GEOGRAPHIC AREAS FOR THE NON-COMPETITION PERIOD, BUT ACKNOWLEDGES THAT
HE WILL RECEIVE SUFFICIENT MONETARY AND OTHER CONSIDERATION FROM THE COMPANY
HEREUNDER TO JUSTIFY SUCH RESTRICTION. THE EMPLOYEE ACKNOWLEDGES THAT MONEY
DAMAGES WOULD NOT BE SUFFICIENT REMEDY FOR ANY BREACH OF THIS SECTION 13 BY
EMPLOYEE, AND THE COMPANY SHALL BE ENTITLED TO TERMINATE ANY PAYMENTS THEN OWING
TO THE EMPLOYEE UNDER THIS AGREEMENT AND/OR TO SPECIFIC PERFORMANCE AND
INJUNCTIVE RELIEF AS REMEDIES FOR SUCH BREACH OR ANY THREATENED BREACH.
SUCH
REMEDIES SHALL NOT BE DEEMED THE EXCLUSIVE REMEDIES FOR A BREACH OF THIS SECTION
13, BUT SHALL BE IN ADDITION TO ALL REMEDIES AVAILABLE AT LAW OR IN EQUITY TO
THE COMPANY, INCLUDING, WITHOUT LIMITATION, THE RECOVERY OF DAMAGES FROM THE
EMPLOYEE AND HIS AGENTS INVOLVED IN SUCH BREACH.
(C)
IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT THE COMPANY AND THE
EMPLOYEE CONSIDER THE RESTRICTIONS CONTAINED IN SECTION 13 HEREOF TO BE
REASONABLE AND NECESSARY FOR THE PURPOSES OF PRESERVING AND PROTECTING THE
CONFIDENTIAL INFORMATION BELONGING TO THE COMPANY, NEVERTHELESS, IF ANY OF THE
AFORESAID RESTRICTIONS IS FOUND BY A COURT HAVING JURISDICTION TO BE
UNREASONABLE, OVER BROAD AS TO GEOGRAPHIC AREA OR TIME OR OTHERWISE
UNENFORCEABLE, THE PARTIES INTEND FOR THE RESTRICTIONS THEREIN SET FORTH TO BE
MODIFIED BY SUCH COURT SO AS TO BE REASONABLE AND ENFORCEABLE AND, AS SO
MODIFIED BY THE COURT, TO BE FULLY ENFORCED.
12
14.
SUCCESSORS.
(A)
THIS AGREEMENT IS PERSONAL TO THE EMPLOYEE AND WITHOUT THE PRIOR
WRITTEN CONSENT OF THE COMPANY SHALL NOT BE ASSIGNABLE BY THE EMPLOYEE OTHERWISE
THAN BY WILL OR THE LAWS OF DESCENT AND DISTRIBUTION. THIS AGREEMENT SHALL INURE
TO THE BENEFIT OF THE EMPLOYEE AND BE ENFORCEABLE BY THE EMPLOYEE'S LEGAL
REPRESENTATIVES.
(B)
THIS AGREEMENT SHALL INURE TO THE BENEFIT OF AND BE BINDING UPON
THE COMPANY AND ITS SUCCESSORS AND ASSIGNS.
(C)
THE COMPANY WILL REQUIRE ANY SUCCESSOR (WHETHER DIRECT OR
INDIRECT, BY PURCHASE, MERGER, CONSOLIDATION OR OTHERWISE) TO ALL OR
SUBSTANTIALLY ALL OF THE BUSINESS AND/OR ASSETS OF THE COMPANY TO ASSUME
EXPRESSLY AND AGREE TO PERFORM THIS AGREEMENT IN THE SAME MANNER AND TO THE SAME
EXTENT THAT THE COMPANY WOULD BE REQUIRED TO PERFORM IT IF NO SUCH SUCCESSION
HAD TAKEN PLACE. AS USED IN THIS AGREEMENT, "COMPANY" SHALL MEAN THE COMPANY AS
HEREINBEFORE DEFINED AND ANY SUCCESSOR TO ITS BUSINESS AND/OR ASSETS AS
AFORESAID WHICH ASSUMES AND AGREES TO PERFORM THIS AGREEMENT BY OPERATION OF
LAW, OR OTHERWISE. THE COMPANY WILL REQUIRE ANY SUCCESSOR (WHETHER DIRECT OR
INDIRECT, BY PURCHASE, MERGER, CONSOLIDATION OR OTHERWISE) TO ALL OR
SUBSTANTIALLY ALL