Common use of Addendum No Clause in Contracts

Addendum No. 6: The language in Section 3.3 “Non-Solicitation and Non-Inducement of Employees” is stricken in its entirety and replaced with the following: During the Restricted Period, Employee shall not directly or Indirectly solicit or encourage (or attempt to solicit or encourage) any Key Employee (defined below) of the Company to: (a) terminate employment with the Company in order to enter into employment or a business relationship with a competitor of the Company in which the Confidential Information the Key Employee has could be used to competitively harm the Company; or (b) enter into or commence any relationship in which the Key Employee would provide Competitive Products or Services. For purposes of this Section 3.3, “Key Employee” means any person who is: (i) employed by the Company, and is either someone with whom Employee had material contact with and obtained Confidential Information about that could be used to persuade the Key Employee to leave Key Employee’s employment with the Company or was supervised by Employee during the twelve (12) months immediately preceding the Termination Date, and (ii) is a manager, officer, director, or executive of the Company; and/or is in possession of Confidential Information and/or Trade Secrets that could be used to competitively harm the Company by the Competitor. Notwithstanding the foregoing, this Section 3.3 does not prohibit Employee from conducting generalized searches for employees or independent contractors by use of general advertisements or solicitations, including but not limited to advertisements or solicitations through newspapers, internet or other media of general circulation or engaging and using a search firm not specifically targeted at such individuals. Addendum No. 7:The language in Section 4.2 “Duration of Confidential Information and Trade Secrets” is stricken in its entirety and replaced with the following: This obligation of non-disclosure and non-use of Confidential Information shall last only so long as the information remains confidential. However. Employee understands and agrees that to the extent this obligation of non-disclosure and non-use of Confidential Information applies to information that does not meet the definition of a Trade Secret, it shall apply only for twenty-four (24) months after the date on which Employee’s employment with the Company ends and only in geographic areas in which the unauthorized use or unauthorized disclosure of such Confidential Information could competitively harm the Company. Employee also understands that Trade Secrets are protected by statute and are not subject to any time limits. Nothing in this Agreement limits or affects the protection given to confidential information and trade secrets under statutory and common law. Employee agrees to contact the Company’s General Counsel before using, disclosing, or distributing any Confidential Information or Trade Secrets if Employee has any questions about whether such information is protected information. Addendum No. 8: The language in Section 8 “Severability and Reformation” is modified to add the following after the last sentence of the section: The restrictive covenants in Sections 3.1, 3.2, 3.3, 3.4 and 4.1 are intended to be divisible and to be interpreted and applied independently. Addendum No. 9: Section 9 “Tolling” is stricken in its entirety

Appears in 2 contracts

Sources: Performance Restricted Stock Unit Agreement (CAMPBELL'S Co), Performance Restricted Stock Unit Agreement (CAMPBELL'S Co)

Addendum No. 62: The language in Section 3.3 3.2 “Non-Solicitation and Non-Inducement of EmployeesCustomers” is stricken in its entirety and replaced with the following: During the Restricted PeriodPeriod and in connection with a Competitive Product or Service, Employee shall not not, directly or Indirectly solicit Indirectly: (a) solicit, refer, induce or encourage (or attempt to solicit solicit, refer, induce or encourage) any Key Employee (defined below) of the Company to: (a) terminate employment with the Company in order Customer to enter into employment or a do business relationship with a competitor of the Company in which the Confidential Information the Key Employee has could be used to competitively harm the CompanyCompetitor; or and/or (b) enter into induce or commence encourage (or attempt to induce or encourage) any Customer to terminate a relationship in which the Key Employee would provide Competitive Products or Services. For purposes of this Section 3.3, “Key Employee” means any person who is: (i) employed by the Company, and is either someone with whom Employee had material contact with and obtained Confidential Information about that could be used to persuade the Key Employee to leave Key Employee’s employment with the Company or was supervised by Employee during the twelve (12) months immediately preceding the Termination Date, and (ii) is a manager, officer, director, otherwise to cease accepting services or executive of products from the Company; and/or . Addendum No. 3: The heading of Section 3.5 “Covenants are Reasonable” is changed to “Covenants are Reasonable/Consideration,” and the language of said Section is modified by adding the following language at the end of said Section: Employee further acknowledges and agrees that (a) the covenants in possession of Confidential Information and/or Trade Secrets that could be used to competitively harm the Company by the Competitor. Notwithstanding the foregoing, this Section 3.3 does not prohibit Employee from conducting generalized searches for employees or independent contractors by use of general advertisements or solicitations, are no broader than necessary to protect the Company’s legitimate business interests (including but not limited to advertisements or solicitations through newspapersbusiness interests in its Confidential Information, internet or other media of general circulation or engaging and using a search firm not specifically targeted at such individuals. Addendum No. 7:The language in Section 4.2 “Duration of Confidential Information and Trade Secrets” is stricken , goodwill, customer relations, and employee relations), (b) those business interests cannot be adequately protected other than through these covenants, (c) Employee and the Company bargained for the terms of this Agreement, including the covenants in its entirety this Section and replaced with the following: This obligation of non-disclosure consideration therefor, and non-use of Confidential Information shall last only so long as the information remains confidential. However. (d) Employee understands and agrees that either (i) was advised, prior to the extent this obligation of non-disclosure and non-use of Confidential Information applies to information that does not meet the definition of a Trade Secret, it shall apply only for twenty-four (24) months after the date on which Employee’s employment with the Company ends and only in geographic areas in which the unauthorized use or unauthorized disclosure acceptance of such Confidential Information could competitively harm the Company. Employee also understands that Trade Secrets are protected by statute and are not subject to any time limits. Nothing in this Agreement limits or affects the protection given to confidential information and trade secrets under statutory and common law. Employee agrees to contact the Company’s General Counsel before usingoffer of employment, disclosingof the terms of this Agreement, and that the Company’s offer of employment was contingent on Employee’s agreement to those terms, or distributing any Confidential Information or Trade Secrets if (ii) received additional consideration in exchange for entering into this Agreement, to which Employee has any questions about whether such information is protected information. Addendum No. 8: The language in Section 8 “Severability and Reformation” is modified to add the following after the last sentence of the section: The restrictive covenants in Sections 3.1was not otherwise entitled, 3.2, 3.3, 3.4 and 4.1 are intended to be divisible and to be interpreted and applied independently. Addendum No. 9: Section 9 “Tolling” is stricken in its entiretywhich additional consideration gave Employee real advantages.

Appears in 2 contracts

Sources: Performance Restricted Stock Unit Agreement (CAMPBELL'S Co), Performance Restricted Stock Unit Agreement (CAMPBELL'S Co)