Component 3 NonCompete.docx - POST-TERMINATION AGREEMENT...

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POST-TERMINATION AGREEMENT AND COVENANT NOT TO COMPETE 1 This Post-Termination Agreement and Covenant Not to Compete (this “Agreement”) is entered into as of September 1, 2014 by and between Bistro 205, a sole proprietorship (“Bistro”) and Mitchell Weisz (“Chef”). RECITALS WHEREAS, Chef is being hired to develop recipes that are proprietary to Bistro, to prepare those recipes and recipes previously developed by staff at Bistro, and to train subordinates and substitute chefs; and WHEREAS, as consideration for and as a condition of Chef’s employment, Chef is required to execute and deliver this Agreement to Bistro; AGREEMENT NOW, THEREFORE, in consideration of the premises and the acknowledgments, covenants, representations, warranties and agreements contained herein and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: 1. ACKNOWLEDGMENTS. As part of this Agreement, the parties specifically acknowledge that: A. Bistro is a sole proprietorship in Flagstaff, Arizona; B. Chef has served as a professional chef for 15 years, and has specialized training and experience that makes his services to Bistro unique; C. As an essential part of its business, Bistro has cultivated, established and maintained customer and vendor relationships and goodwill and competitive advantages, which are difficult to develop and maintain, have required and continue to require a significant investment of time, effort, and expense, and that can suffer significantly and irreparably upon the departure of key staff, regardless of whether the staff member has been personally involved in developing or maintaining the relationships, goodwill or competitive advantages; D. In the development of its business, Bistro has expended a significant amount of time, money, and effort in developing, maintaining, and protecting private, sensitive, confidential, proprietary, and trade secret information including but not limited to, information regarding Bistro’s products, recipes or services, strategies, research and development efforts, logistics, geographic markets, developing or potential geographic markets, developing or potential product markets, mergers, acquisitions, divestitures, data, business methods, computer programs and related source and object code, supplier and customer relationships, contacts and information, methods or sources of product manufacture, know-how, product or service cost or pricing, personnel allocation or organizational structure, business, marketing, development and expansion or contraction 1 Modified from a Non-compete agreement between Wal-Mart Canada and David Cheesewright dated Feb 1, 2014 and available on line at - 01-31.shtml.
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plans, information concerning the legal or financial affairs of Bistro, and other non-public information (collectively “Confidential Information”), the disclosure or misuse of which could cause irreparable harm to Bistro’s business, anticipated business, and its
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