Restrictive Covenants Clause Example from Business Contracts

Restrictive Covenants. (a) If the Participant is subject to non-competition, non-solicitation, non-disparagement or non-disclosure or other similar provisions pursuant to his or her employment agreement with the Company, such provisions shall control in lieu of the corresponding provisions in Exhibit B. In the event Participant has no employment agreement, or his or her employment agreement does not contain non-competition, non-solicitation, non-disparagement or non-disclosure provisions, the Participant shall be subj...ect to the applicable non-competition, non-solicitation, non-disparagement or non-disclosure provisions set forth on Exhibit B attached hereto. All remaining provision of Exhibit B shall be applicable to all Participants. (b) In the event that the Participant violates any of the restrictive covenants referred to in this Section 8, in addition to any other remedy that may be available at law or in equity, the RSUs shall be automatically forfeited effective as of the date on which such violation first occurs. The foregoing rights and remedies are in addition to any other rights and remedies that may be available to the Company and shall not prevent (and the Participant shall not assert that they shall prevent) the Company from bringing one or more actions in any applicable jurisdiction to recover damages as a result of the Participant's breach of such restrictive covenants. View More