AND CONFIDENTIALITY AGREEMENT
Paladina Health, LLC (Employer) and Tobias Barker, MD, (Teammate) enter into this Noncompetition, Nonsolicitation, and Confidentiality Agreement (this Agreement) on this 18th day of September, 2018, the terms of which are set forth below.
WHEREAS, Employer operates national y in a highly competitive environment;
WHEREAS, Teammate agrees that by virtue of employment with Employer, Teammate will gain special knowledge and familiarity with the needs and requirements of customers and business partners and that but for Teammates employment, Teammate would not have had access to such customers and business partners;
WHEREAS, Employer will provide Teammate with confidential information, including, but not limited to, Information or data in any form or medium, which has commercial or economic value to Employer, such as information regarding other employees, intellectual properly, processes, competitive data, contracts, licenses, customer lists, financial information, pricing structures or guidelines, methods of operation, manuals, software and marketing plan; and strategies;
WHEREAS, Teammate recognizes that future success at Employer is dependent on continuing to receive such sensitive and confidential information; and
THEREFORE, the parties agree as follows:
1. Employer considers Teammate to be an integral part of its team, and Teammate acknowledges that Teammate has duties consistent with such team.
2. In consideration for the covenants set forth herein, Employer is offering employment to Teammate, will provide Teammate with the benefits set forth in the Teammates offer of employment, which is incorporated herein by reference, and will provide Teammate with confidential information.
3. Covenant Not to Compete: (a) Teammate agrees that during the term of employment and for the twelve-month period following the termination of employment for any reason (whether voluntary or involuntary) (Restricted Period), Teammate shall not, as an employee, independent contractor, consultant, or in any other form, prepare to provide or provide any of the same or similar services that Teammate performed during employment with Employer for any Competitor in the Restricted Geographic Area. Competitor means any Person which engages in the Business. Person means any individual, partnership, limited liability Company, corporation, independent practice association, management services organization, clinic, proprietorship, firm, association or any other entity. Business means the business of creating and maintaining Direct Primary Care practice environments, managing the conversion of physician practices into Direct Primary Care retail practice environments, and establishing, operating and delivering Direct Primary Care practice environments directly to employees on behalf of their public, private and government employers, unions and associations. The Restricted Geographic Area is the continental United States where Teammate works for Employer, or a smaller geographic area if applicable per state law. Direct Primary Care means the provision of comprehensive primary healthcare services to patients for a recurring fee rather than individually itemized fixed fees for service for primary care services.