COMPANY
WITHIN ONE MONTH AFTER SUCH ACQUISITION.
15
RESTRICTIVE COVENANTS
15.1
THE EXECUTIVE RECOGNISES THAT, WHILST PERFORMING HIS DUTIES FOR THE
COMPANY, HE WILL HAVE ACCESS TO AND COME INTO CONTACT WITH TRADE SECRETS AND
CONFIDENTIAL INFORMATION BELONGING TO THE COMPANY AND/OR ANY GROUP COMPANY AND
WILL OBTAIN PERSONAL KNOWLEDGE OF AND INFLUENCE OVER ITS OR THEIR CUSTOMERS
AND/OR EMPLOYEES. THE EXECUTIVE THEREFORE AGREES THAT THE RESTRICTIONS SET OUT
IN THIS CLAUSE 15 ARE REASONABLE AND NECESSARY TO PROTECT THE LEGITIMATE
BUSINESS INTERESTS OF THE COMPANY AND THE GROUP COMPANY BOTH DURING AND AFTER
THE TERMINATION OF THE EMPLOYMENT.
15.2
THE EXECUTIVE HEREBY UNDERTAKES WITH THE COMPANY THAT HE WILL NOT
EITHER DURING THE EMPLOYMENT NOR DURING THE 12 MONTHS FOLLOWING THE DATE OF
TERMINATION OF THE EMPLOYMENT ("TERMINATION DATE") WITHOUT THE PRIOR WRITTEN
CONSENT OF THE COMPANY WHETHER BY HIMSELF, THROUGH HIS EMPLOYEES OR AGENTS OR
OTHERWISE HOWSOEVER AND WHETHER ON HIS OWN BEHALF OR ON BEHALF OF ANY OTHER
PERSON, FIRM, COMPANY OR OTHER ORGANISATION, DIRECTLY OR INDIRECTLY, SOLICIT OR
INDUCE OR ENDEAVOUR TO SOLICIT OR INDUCE ANY EMPLOYEE TO CEASE WORKING FOR OR
PROVIDING SERVICES
15
TO THE COMPANY OR ANY GROUP COMPANY, WHETHER OR NOT ANY SUCH PERSON WOULD
THEREBY COMMIT A BREACH OF CONTRACT.
FOR THE PURPOSES OF THIS CLAUSE, "EMPLOYEE" MEANS ANY EMPLOYEE OF THE COMPANY OR
ANY GROUP COMPANY WITH WHOM THE EXECUTIVE HAD DEALINGS DURING ANY PART OF THE 12
MONTHS IMMEDIATELY PRECEDING THE TERMINATION DATE.
15.3
THE EXECUTIVE HEREBY UNDERTAKES WITH THE COMPANY THAT HE WILL NOT
AT ANY TIME:
15.3.1
DURING THE CONTINUANCE OF THE EMPLOYMENT OR AFTER THE
TERMINATION DATE ENGAGE IN ANY TRADE OR BUSINESS OR BE ASSOCIATED WITH ANY
PERSON, FIRM OR COMPANY ENGAGED IN ANY TRADE OR BUSINESS USING THE NAME(S)
STELMAR OR INCORPORATING THE WORD STELMAR;
15.3.2
AFTER THE TERMINATION DATE IN THE COURSE OF CARRYING ON ANY
TRADE OR BUSINESS, CLAIM, REPRESENT OR OTHERWISE INDICATE ANY PRESENT
ASSOCIATION WITH THE COMPANY OR ANY GROUP COMPANY OR FOR THE PURPOSE OF CARRYING
ON OR RETAINING ANY BUSINESS OR CUSTOM, CLAIM, REPRESENT OR OTHERWISE INDICATE
ANY PAST ASSOCIATION WITH THE COMPANY OR ANY GROUP COMPANY TO ITS DETRIMENT.
15.4
WHILE THE RESTRICTIONS IN THIS CLAUSE 15 (ON WHICH THE EXECUTIVE
HAS HAD THE OPPORTUNITY TO TAKE INDEPENDENT ADVICE, AS THE EXECUTIVE HEREBY
ACKNOWLEDGES) ARE CONSIDERED BY THE PARTIES TO BE REASONABLE IN ALL THE
CIRCUMSTANCES, IT IS AGREED THAT IF ANY SUCH RESTRICTIONS, BY THEMSELVES, OR
TAKEN TOGETHER, SHALL BE ADJUDGED TO GO BEYOND WHAT IS REASONABLE IN ALL THE
CIRCUMSTANCES FOR THE PROTECTION OF THE LEGITIMATE INTERESTS OF THE COMPANY OR A
GROUP COMPANY BUT WOULD BE ADJUDGED REASONABLE IF PART OR PARTS OF THE WORDING
THEREOF WERE DELETED, THE RELEVANT RESTRICTION OR RESTRICTIONS SHALL APPLY WITH
SUCH DELETION(S) AS MAY BE NECESSARY TO MAKE IT OR THEM VALID AND EFFECTIVE.
16
NOTICES
16.1
ANY NOTICE OR OTHER DOCUMENT TO BE GIVEN UNDER THIS AGREEMENT SHALL
BE IN WRITING AND MAY BE GIVEN PERSONALLY