OR ANY AFFILIATE OF
THE COMPANY WITH WHOM THE EMPLOYEE HAD CONTACT WITH OR CONFIDENTIAL INFORMATION
ABOUT OR FOR WHOM THE EMPLOYEE SUPERVISED OR MANAGED AN ANOTHER EMPLOYEE, WHO
HAD SUCH CONTACT OR INFORMATION, IF SUCH SOLICITATION, BUSINESS, OR CONSULTATION
WOULD HAVE OR IS LIKELY TO HAVE AN ADVERSE EFFECT UPON THE COMPANY OR ANY OF ITS
AFFILIATES; OR
(IV)
SOLICIT, HIRE, OR SEEK TO SOLICIT OR HIRE ANY
EMPLOYEE OF THE COMPANY OR IN ANY OTHER MANNER ATTEMPT, DIRECTLY OR INDIRECTLY,
ATTEMPT TO INFLUENCE, INDUCE, OR 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.
14
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 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