|21. || |
Reconstruction and Amalgamation
If your employment is transferred by reason of any reconstruction or amalgamation of the Company and/or any Group Company whether by winding up or otherwise and you are offered employment with any concern or undertaking involved in or resulting from such reconstruction or amalgamation on terms which (considered in their entirety) are no less favourable to any material extent than the terms of this Agreement, you shall have no claim against the Company or any such undertaking arising out of or in connection with such transfer and, effective as of the effective date of the transfer, you become an employee of the transferee and this Agreement shall apply to you as if references to the Company included the transferee and references to any Group Companies were constructed accordingly.
At any time during your employment or following its termination (for whatever reason), as requested by the Company and/or any Group Company, you agree to:
| ||(a) || |
return to the Company and/or any Group Company or irretrievably destroy or delete:
| ||(i) || |
any documents, drawings, designs, computer files or software, visual or audio tapes or other materials containing information (including, without limitation, Confidential Information as defined in clause 15.2) and/or any copies or extracts of the same relating to the Companys or any Group Companys businesses; and
| ||(ii) || |
any other property of the Company and/or any Group Company
in your possession, custody and/or directly or indirectly under your control;
| ||(b) || |
inform the Company of all passwords, pass codes, pin numbers and any other similar information used by yourself in relation to any information technology systems, vehicles, rooms and/or any other secured property of the Company and/or any Group Company.
|23. || |
No solicitation of Company or Group Company Personnel
For the period of your employment by the Company and for one (1) year thereafter (regardless of how your employment is terminated), you will not either directly or indirectly, solicit or attempt to solicit any employee, independent contractor, or consultant of Company or Group Company that you had contact with in the course of your employment with the Company to terminate his, her or its relationship with the Company or applicable Group Company in order to become an employee, consultant, or independent contractor to or for any other person or entity.
|24. || |
Resignation from Appointments
At any time, at the request of the Company and/or any Group Company, you agree to resign from any directorships, offices, appointments and/or trusteeships which you hold with the Company and/or any Group Company without claim for compensation and your resignation shall not affect in anyway the continuance of this Agreement.
In order to investigate a complaint against you of misconduct and/or poor performance, the Company may suspend you for so long as may be necessary to carry out a proper investigation and complete any appropriate disciplinary and/or capability process. During any period of suspension you shall continue to receive your salary and contractual benefits.
You are subject to the Companys disciplinary rules and procedures in force from time to time and such other procedures of this nature as may from time to time be adopted. Application of any such procedure is at the Companys discretion and is not a contractual entitlement.