and CEO of YORK International and shall take place
in cooperation with the Vice President, Human Resources, YORK International.
1.3 Tasks Assigned to the President, EMEA
1.3.1
The President, EMEA is employed without stipulation of a maximum
number of working hours, shall devote his full attention, energies, skills and
knowledge to the business during his employment, and must serve YORK
International's and YORK EMEA's interests to the greatest extent possible.
During his employment the President, EMEA is thus not entitled, without the
prior written consent of the President and CEO of YORK International in every
single case, to engage in any other business activity - actively or passively -
or to have other paid or unpaid occupation or to accept other paid tasks.
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1.3.2
During the term of this contract the President, EMEA is not entitled
to own any other businesses or companies without the President and CEO of YORK
International's written consent in each individual case. However, the President,
EMEA is entitled to make so-called ordinary investments (in for instance quoted
securities and the like) that do not give the President, EMEA a controlling
interest. Investments made by the President, EMEA must not entail liability that
exceeds the amount invested.
1.3.3
The President, EMEA must not be indebted to the Company. Furthermore,
the President, EMEA must not without obtaining the President and CEO of YORK
International's prior written consent in each individual case provide surety or
any other kind of guarantee for any third party. This does not apply to sureties
or guarantees provided by the President, EMEA to his close relatives.
1.4 Confidentiality and Surrender of Material
1.4.1
The President EMEA shall observe complete confidentiality with respect
to all matters coming to his knowledge during the performance of his duties in
his capacity of President, EMEA, unless such matters are of a nature requiring
communication to third parties. This secrecy obligation also applies after the
resignation of the President, EMEA from the Company.
1.4.2
When the President, EMEA resigns from his position - regardless of the
reason for his resignation - all material belonging to the Company, YORK EMEA,
or any company in YORK International in the President, EMEA's possession must be
surrendered to the Company, YORK EMEA, or any company in YORK International. No
lien of material belonging to the Company shall be exercised.
1.5 Inventions and other Special Rights
1.5.1
Any invention, know-how or other type of intellectual property right
whether substantiated or not created by the President, EMEA or to which the
President, EMEA has been contributory in the service of the Company, YORK EMEA
or any company in YORK International shall belong to the Company, YORK EMEA or
any company in YORK International. The President, EMEA shall not be entitled to
any remuneration for such invention, know-how etc.
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1.5.2
Improvement inventions, development of new systems and products,
market strategies etc. shall belong to the Company absolutely whether or not
protection hereof can be obtained.
1.6 Competition Clause
1.6.1
After resignation from the