AN
UNDUE HARDSHIP ON EXECUTIVE AND ARE NOT INJURIOUS TO THE PUBLIC; THAT THEY ARE
NECESSARY TO PROTECT THE BUSINESS OF LABOR READY AND ITS AFFILIATES AND CLIENTS;
THAT THE NATURE OF EXECUTIVE'S RESPONSIBILITIES WITH LABOR READY UNDER THIS
AGREEMENT AND EXECUTIVE'S FORMER RESPONSIBILITIES WITH LABOR READY PROVIDE
AND/OR HAVE PROVIDED EXECUTIVE WITH ACCESS TO CONFIDENTIAL INFORMATION THAT IS
VALUABLE AND CONFIDENTIAL TO LABOR READY; THAT LABOR READY WOULD NOT EMPLOY OR
CONTINUE TO EMPLOY EXECUTIVE IF EXECUTIVE DID NOT AGREE TO THE PROVISIONS OF
ARTICLE I; THAT ARTICLE I IS REASONABLE IN ITS TERMS AND THAT CONSIDERATION
SUPPORTS ARTICLE I, INCLUDING NEW CONSIDERATION AS SET FORTH IN THE EXECUTIVE
EMPLOYMENT AGREEMENT;
4.
EXECUTIVE'S EXECUTION OF THIS AGREEMENT, AND EXECUTIVE'S EMPLOYMENT BY LABOR
READY, DOES NOT VIOLATE ANY AGREEMENT THAT EXECUTIVE HAS ENTERED INTO WITH A
THIRD PARTY, AND EXECUTIVE ACKNOWLEDGES THAT ANY INACCURACY IN THIS
REPRESENTATION AND WARRANTY WILL CONSTITUTE GROUNDS FOR EXECUTIVE'S IMMEDIATE
TERMINATION BY LABOR READY WHICH WILL, UPON ANY SUCH TERMINATION, HAVE NO
FURTHER OBLIGATION TO EXECUTIVE.
EXECUTIVE AGREES TO INDEMNIFY AND HOLD LABOR
READY HARMLESS FROM ANY AND ALL SUITS AND CLAIMS ARISING OUT OF ANY BREACH OF
ANY TERMS AND CONDITIONS CONTAINED IN ANY SUCH AGREEMENTS ENTERED INTO BY
EXECUTIVE; AND
5.
EXECUTIVE UNDERSTANDS THAT THE IDENTITY OF LABOR READY'S CLIENTS SOMETIMES
MAY BE ASCERTAINABLE BY OBSERVATION OR THROUGH PUBLICLY AVAILABLE RESOURCES.
NONETHELESS, EXECUTIVE ACKNOWLEDGES THAT AS A RESULT OF EXECUTIVE'S EMPLOYMENT
WITH LABOR READY, EXECUTIVE WILL BE ACTING AS A REPRESENTATIVE OF LABOR READY
AND WILL BE UTILIZING LABOR READY'S ASSETS, RESOURCES AND WILL BE BENEFITING
FROM LABOR READY'S GOODWILL, NAME RECOGNITION, REPUTATION, AND EXPERIENCE IN
REGARD TO THESE CLIENTS, AND EXECUTIVE WILL GAIN CONFIDENTIAL INFORMATION ABOUT
THESE CLIENTS, AND CONSEQUENTLY, THE COVENANTS SET FORTH ABOVE ARE REASONABLE
AND NECESSARY TO PROTECT LABOR READY'S LEGITIMATE BUSINESS INTERESTS.
I.
Injunctive Relief; Further Remedies.
In the event that Executive breaches
or threatens to breach, or Labor Ready reasonably believes that Executive is
about to breach, any of the covenants of Sections I.B, I.C, I.D, I.E, I.F, or
I.G, Executive agrees that Labor Ready will be entitled to injunctive relief as
well as an equitable accounting of all earnings, profits and other benefits
arising from violation of this Agreement, which rights shall be cumulative and
in addition to any other rights or remedies to which Labor Ready may be entitled
in law or equity.
Executive agrees that Labor Ready will suffer immediate and
irreparable harm and that money damages will not be adequate to compensate Labor
Ready or to protect and preserve the status
- 7 -
quo.
Therefore, Executive HEREBY CONSENTS TO THE ISSUANCE OF A TEMPORARY
RESTRAINING ORDER, WITH OR WITHOUT NOTICE, AND A PRELIMINARY OR PERMANENT
INJUNCTION ordering:
1.
that Executive immediately return to Labor Ready all Confidential
Information as defined in this Agreement, and any other Labor Ready property
described in Section I.B above, in any form whether original, copied,
computerized, handwritten, or recreated, and that Executive be permanently
enjoined and