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Agreement
THIS AGREEMENT, made and entered into on this __th day of __(Month)__, 19__, by and between __(Company Name)__, a Kansas Corporation, hereinafter called the "Corporation" and _____________, hereinafter called the "Employee".
NOW, THEREFORE, in consideration for employment with __(Company Name)__, the employee, ____________, hereby agrees to the following terms and conditions:
- OTHER EMPLOYMENT. Employee shall devote all of his time, attention, knowledge, and skills solely to the business and interest of Corporation, and the Corporation shall be entitled to all of the benefits, profits or other issues arising from or incident to all work, services, and advice of Employee, and Employee shall not, during the term hereof, be interested directly or indirectly, in any manner, as partner, officer, director, stockholder, advisor, employee or in any other capacity in any other business similar to Corporation's business or any allied trade; provided, however, that nothing herein contained shall be deemed to prevent or limit the right of Employee to invest any of his surplus funds in the capital stock or other securities of any corporation whose stock or securities are publicly owned or are regularly traded on any public exchange, nor shall anything herein contained be deemed to prevent Employee from investing or limit Employee's right to invest his surplus funds in real estate.
- CONFIDENTIAL INFORMATION. The Employee acknowledges that the Confidential Information, as defined below, is the sole and exclusive property of the Corporation, and agrees that during and after the term of the Employee's employment by the Corporation pursuant to this Agreement the Employee will not, directly or indirectly, use or disclose any Confidential Information presently known to the Employee or that the Employee may hereafter acquire, except as directed by the Corporation in writing or as required by law. For the purposes of this agreement, the term "Confidential Information" shall mean all information not generally known in the relevant trade or industry regarding the existing or contemplated products technology, processes, services, sales methods, technical expertise, customer lists, customer usage and requirements and supplier information of the business of the Corporation, financial information and other matters relating to the internal affairs of the Corporation or any information regarding the foregoing. Upon the termination of the Employee's employment with the Corporation, the Employee shall not remove any Confidential Information from the offices of the Corporation and will immediately return any and all Confidential Information and copies thereof already removed.
- RECOMMENDATIONS FOR IMPROVING OPERATIONS. Employee shall make available to Corporation all information of which Employee shall have any knowledge and shall make all suggestions and recommendations that will be of mutual benefit to Corporation and himself.
- COVENANT NOT TO COMPETE. During the term of the Employee's employment with the Corporation and for a period of eighteen (18) months thereafter, the Employee agrees that the Employee will not, directly or indirectly, either personally or through another party or entity, sell any business forms, office supplies, office furniture, promotional products and automated business forms to any customers of the Corporation who were customers of the Corporation during the time the Employee was employed by the Corporation.
If any one or more of the provisions of this paragraph shall for any reason be held to be excessively broad as to duration, geographical scope, activity or subject, it shall be construed by limiting and reducing it so as to be enforceable to the maximum extent compatible with the applicable law as it shall then exist.
- REMEDIES. In addition to any and all other remedies available to the Corporation for any breach or threatened breach of this Agreement by the Employee, the Corporation shall have the remedy of a restraining order, injunction and such other equitable relief which may be declared or issued by a court to enforce the provisions of this agreement.
Should the Corporation prevail on any action against the Employee relative to a breach or a threatened breach of any of the provisions of this Agreement, the Employee shall pay the Corporation its reasonable costs and expenses, including reasonable attorney's fees.
- BINDING EFFECT-SURVIVAL. Except as otherwise provided herein, this Agreement shall be binding upon and inure to the benefit of the personal representatives and heirs of the Employee, to any successor in interest or assignee of substantially all of the business and assets of the Corporation, and to any successors in interest or assignees of the Corporation by way of reorganization, merger, acquisition, consolidation or transfer of all or substantially all of its business and assets, but, except as neither this Agreement or any rights or benefits thereunder may be assigned by the Corporation or by the Employee. The provisions of paragraph 2, 4, 5, 6 and 7 shall survive the termination of the Agreement for any reason.
- GOVERNANCE. This contract shall be governed and construed in accordance with the laws of the state of Kansas.
- ENTIRE AGREEMENT. This agreement contains the entire understanding between the parties hereto and may be amended or modified only in writing which is signed by both of the parties hereto.
IN WITNESS WHEREOF, this Agreement has been executed in duplicate on the __th day of _(Month)_, 19__.
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President
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Date:
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Employee
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Date: