This is an Agreement between {name13} (EMPLOYEE) and Suburban Pet Services, Inc. (“Company”).
In consideration of the employment opportunity provided by Suburban Pet Services, Inc., you, intending to be legally bound, agree to the following:
- Term of Agreement. This Agreement is effective on the Effective Date, and shall remain in effect throughout the term of your employment with the Company and for a period of one year thereafter.
- Limitations of this Agreement. This Agreement is not a contract of employment. Neither You nor the Company are obligated to any specific term of employment. This Agreement is limited to the subject matter of covenants not to compete or solicit as described in this Agreement.
- Covenant Not to Compete. You agree that at no time during the term of your employment with the Company will you engage in any business activity which is competitive with the Company nor work for any company which competes with the Company.
For a period of one (1) year immediately following the termination of your employment, You will not, for yourself or on behalf of any other person or business enterprise, engage in any business activity which competes with the Company within 15 miles of the office address, 866 North Central Avenue Massapequa New York 11758.
- Soliciting Customers After Termination of Agreement. For a period of one (1) year following the termination of your employment and your relationship with the Company, You shall not, directly or indirectly, disclose to any person, firm or corporation the names or addresses of any of the customers or clients of the Company or any other information pertaining to them. Neither shall you call on, solicit, take away, or attempt to call on, solicit, or take away any customer of the Company on whom You have called.
- Injunctive Relief. You hereby acknowledge (1) that the Company will suffer irreparable harm if You breach your obligations under this Agreement; and (2) that monetary damages will be inadequate to compensate the Company for such a breach. Therefore, if You breach any of such provisions, then the Company shall be entitled to injunctive relief, in addition to any other remedies at law or equity, to enforce such provisions.
- Modifications. This Agreement may be modified only by a writing executed by both You and the Company.
- Prior Understandings. This Agreement contains an agreement between the parties with respect to the subject matter of this Agreement. The Agreement supersedes all prior understanding, agreements, or representations.
- Waiver. Any waiver of a default under this Agreement must be made in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. No delay or omission in the exercise of any right or remedy shall impair such right or remedy or be constructed as a waiver. A consent to or approval of any act shall not be deemed to waive or render unnecessary consent to or approval of any other or subsequent act.
- Jurisdiction and Venue. This Agreement is to be construed pursuant to the laws of the State of New York. You agree to submit to the jurisdiction and venue of any court of competent jurisdiction in Nassau County, New York without regard to conflict of laws
provisions, for any claim arising out of this Agreement.