Employee Agrees Sample Clauses

Employee Agrees. In full consideration and as material inducement for Winn-Dixie to enter into this Agreement, and extending the promises as provided for herein, Employee agrees to both work as an employee consultant for Winn-Dixie and continue to provide his best efforts in performing any and all financial duties and responsibilities assigned to him by Winn-Dixie and for which he was previously responsible up through and including his retirement date. In the event that Employee fails to perform in an acceptable manner and provide his best efforts through his retirement date, Employee agrees that Winn-Dixie shall be entitled to stop payment of any funds, stock or other consideration owed under this Agreement and bring legal action against Employee in a court of competent jurisdiction for each such breach.
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Employee Agrees that if he/she violates the covenants and agreements set forth above, the Company shall be entitled to an accounting and repayment of all profits, compensation, remuneration or benefits which Employee directly or indirectly has realized or may realize as a result of, growing out of, or in conjunction with any violation of any partial and justified liquidated damages; such remedies shall be in addition to an not in limitation of any injunctive relief or other rights or remedies to which the Company is or may be entitled at law or in equity under this Agreement and that, in the event the Company is required to enforce the terms of this Agreement including but not limited to the enforceability of the arbitration provision contained herein and/or any award there under, through court proceedings, the Company shall be entitled to reimbursement for all legal fees, costs and expenses incident to enforcement. The parties hereby agree that if the scope of enforceability of the restrictive covenant is in dispute, a court or other trier of fact may modify and enforce the covenant to the extent that it believes it to be reasonable under the conditions existing at this time. In order to determine whether or not the Employee has violated the restrictive covenants of this Agreement, either party may require that the controversy be submitted to final and binding arbitration. THIS CONTRACT CONTAINS A BINDING PROVISION THAT MAY BE ENFORCED BY THE PARTIES. In the event of a dispute involving the restrictive covenants contained herein, the offended party must request a panel of five (5) arbitrators from the Federal Mediation and Conciliation Service designating a panel drawn geographically from the state in which Employee was last employed by the Company. By alternatively striking names with Employee going first and the Company going second, an arbitrator shall be selected from the panel. Said selection must occur within ten (10) days following receipt of the panel. The Company and the Employee shall split the cost of the arbitrator, including travel expenses, evenly. In the event the arbitrator finds the restrictive covenants to have been violated, the arbitrator may award damages, return of documents, cessation of Employee activities or such other relief as shall make the Company whole. The company shall have a right to proceed to court for enforcement of the arbitrator’s award.9. Termination. It is understood that the employment relationship between Employee and the Company is at ...
Employee Agrees