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Date Posted: 04:51:17 02/11/03 Tue
Author: agreement
Subject: agreement4

The Executive covenants with the Company that he will not for the period of (specify period)36 immediately following the termination of his employment under this agreement [without the prior written consent of the Board] in connection with the carrying on of any business [similar to or in competition with]37 the business of (define the business of the Company and/or any Subsidiaries or Associated Companies)38 on his own behalf or on behalf of any person firm or company directly or indirectly:
18.1 seek to procure orders from or do business with any person firm or company who has at any time during the (specify period)39 immediately preceding such termination [done business with or been a customer or client of] the Company [or any Subsidiaries or Associated Companies] and with whom the Executive has had dealings or
18.2 endeavour to entice away40 from the Company any (define level or grade of employee) who has at any time during the (specify period)41 immediately preceding such termination been employed or engaged by the Company [or any Subsidiaries or Associated Companies] and with whom the Executive has worked at any time during the (specify period) immediately preceeding termination
PROVIDED that nothing in this clause shall prohibit the seeking or procuring of orders or the doing of business not relating or similar to the business or businesses described above
[841]
19 Non-competition42
The Executive covenants with the Company that he will not within (describe area)43 and for the period of (specify period)44 immediately following the termination of his employment under this agreement [without the prior written consent of the Board] either alone or jointly with or as manager agent consultant or employee of any person firm or company directly or indirectly carry on or be engaged in any activity or business which shall be in competition with the business of (define the business of the Company and/or any Subsidiaries or Associated Companies)45 and with which the Executive was involved [to a material extent] during his employment with the Company
20 Notices
Notices may be given by either party by letter addressed to the other party at (in the case of the Company) its registered office for the time being and (in the case of the Executive) his last known address and any notice given by letter shall be deemed to have been given at the time at which the letter would be delivered in the ordinary course of post or if delivered by hand upon delivery and in proving service by post it shall be sufficient to prove that the notice was properly addressed and posted
[842]
21 Particulars of employment
The schedule to this agreement sets out such of the particulars of the Executive’s employment with the Company in accordance with the requirements of the Employment Rights Act 199646
22 Miscellaneous
22.1 This agreement is governed by and shall be construed in accordance with the laws of England
22.2 The parties to this agreement submit to the [exclusive] jurisdiction of the English courts47
22.3 This agreement contains the entire understanding between the parties and supersedes all previous agreements and arrangements (if any) relating to the employment of the Executive by the Company (which shall be deemed to have been terminated by mutual consent)
22.4 On termination of this agreement the Company may deduct from any sums then owing from it to the Executive by way of salary or otherwise any sums owing from him to it
[843]
[AS or IN] WITNESS etc48
SCHEDULE
1 Commencement of continuous employment49
The Executive’s period of continuous employment began on (date)
2 Collective agreements50
[There are no collective agreements which directly affect the terms and conditions of the Executive’s employment
or
(give particulars of any collective agreements which directly affect the terms and conditions of the Executive’s employment including, where the Company is not a party, the persons by whom they were made)]
[844]
3 Hours of work51
The Executive shall work such hours as are reasonably necessary for the full and proper performance of his duties under this agreement. There are no normal hours of work
4 Required information
The following information is supplied pursuant to the Employment Rights Act 199652 and reflects the Company’s current practice:
4.1 Disciplinary rules and procedure: (specify or state availability for inspection)
4.2 Grievance procedure: (specify or state availability for inspection)
4.3 Appeals procedure: (specify or state availability for inspection)
4.4 A contracting-out certificate is [not] in force in respect of this employment53

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