Have you ever been convicted of a criminal offense in any country for which you have not received a pardon? Please explain in the blank space provided.
In consideration of the mutual covenants contained herein, the parties agree as follows:
The parties acknowledge that such compensation may be varied from time to time by agreement between the parties without the necessity of a written amendment to this Agreement.
(a) information in any form including but not limited to computer disks, software, and written documentation.
5.1 The Employee acknowledges that the information as referred to in paragraph 5. Could be used to the detriment of the Employer. Accordingly, the Employee undertakes to treat confidentially all such information and agrees not to disclose same to any third party either during the term of his / her employment, except as may be necessary in the proper discharge of his / her employment under this agreement, or after the date of termination of the Employee’s employment, however caused, except with the written permission of an oficer of the Employer.
5.2 The Employee acknowledges that, without prejudice to any and all rights of the Employer an injunction prohibiting disclosure of such information is the only effective remedy to protect the Employer’s rights and property as set out in paragraph 5. And 5.1.
(a) For a period of one (1) year following the termination of the Employee. Employment with the Employer, regardless of how that termination should occur, the Employee will not directly or indirectly solicit business from any client or customer or potential client or customer of the Employer which was serviced or solicited by the Employer during the Employee’s employment with the Employer within the Provinces, Municipalities and Cities where UNify Corp. conduct business.
(b) During the Employee’s employment with the Employer and for a period of one (1) year following the termination of said employment, regardless of how that termination should occur, the Employee will not hire or take away or cause to be hired or taken away, any employee of the Employer or any former Employee of the Employer who was employed by the Employer during the last (1) year preceding said Termination.
6.1 The Employee agrees and acknowledges that the foregoing time and geographic limitations in paragraph (a) are reasonable and properly required for the adequate protection of the exclusive property and business of the Employer, and in the event that any such time or geographic limitation is found to be unreasonable by a Court, then the Employee agrees to be bound to such reduced time or geographic limitation as said Court deems to be reasonable.
6.2 The Employee understands and agrees that the restrictions and covenants contained in this paragraph constitute a material inducement to the Employer to enter into this agreement and to employ the Employee, and that the Employer would not enter into this agreement absent of such inducement. The Employee agrees that the restrictions and covenants contained in this paragraph shall be construed independent of any other provision of this agreement, and this existence of any claim or cause of action by the Employee against the Employer, whether predicated under this agreement or otherwise, shall not constitute a defense to the enforcement by the Employer of the said restrictions and covenants contained in this paragraph. Further, any clause or provision of this paragraph that may be found unenforceable shall be severable from the rest of this paragraph, which remaining portions shall continue in full force and effect in accordance with the terms of this paragraph and agreement.
TERMINATION
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The parties agree that the Employee’s employment under this Agreement may be terminated as follows:
(a) By the Employer, without notice of termination or pay in lieu thereof, for cause. For the purposes of this Agreement, the Employee acknowledges that “cause” includes, without limitation:
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Any material breach of the provisions of this agreement by the Employee;
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theft, fraud or dishonesty by the Employee which includes any tampering with time cards or the accurate collection of data;
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incompetence or negligence on the part of the Employee; d. gross insubordination;
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drunkenness, alcohol consumption and/or taking unlawful non-prescribed drugs and/or the transportation or storage of alcohol/drugs in or on Company or client/customer property;
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willful damage, misuse, or theft of Company or customers property/monies or that of any fellow employe Tampering with or bypassing ANY security and/or safety equipment and/or device whether on Company vehicles or Company or customer premises;
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falsification of time cards, time sheets, (claiming hours not worked, not recording breaks taken, having another employee “punch”/sign in or out for you, knowingly falsifying employment/benefit/injury documentation or making untrue statements for personal gain with the intent of defrauding the Company or other third party;
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egregious sex, race or religious discrimination or harassment in contravention of the Company’s Equity, Harassment or any related policy;
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collusion in criminal acts either against the Company or otherwise
(b) By the Employer at its sole discretion and for any reason whatsoever upon providing the Employee with whatever notice or pay in lieu thereof as may be required to meet the requirements of the Employment Standards Act, S.O. 2000, c. 41, as amended from time to time. The Employee further understands and agrees that the notice requirements contained in this clause constitute a material inducement to the Employer to enter into this Agreement and to employ the Employee, and that the Employer would not enter into this Agreement absent such inducement. The Employee further understands and agrees that this clause shall continue to apply at any time in the future, regardless of what position the employee may occupy at the time notice of termination or pay in lieu thereof or severance is given;
(b) By the Employee for any reason whatsoever upon giving the Employer seven (7) days advance notice in writing.
DELIVERY ON TERMINATION
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Upon termination of this agreement the Employee shall at once deliver or cause to be delivered to the Employer all books, documents, effects, monies, securities, all company articles or equipment and equipment or other properties or belongings of the Employer or for which the Employee is liable to others and which are in the charge, control or custody of the Employ
ENTIRE AGREEMENT
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10. This Agreement contains the entire understanding of the parties and there are no representations, warranties, promises, covenants, or undertakings other than those herein expressly set forth.
CONSTRUCTION
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This Agreement shall be construed and enforced in accordance with the laws of the Provinces of Canad
This is to acknowledge that I have read, understood and received a copy of this document. I understand that compliance with its contents is a factor of continued employment. I understand that the contents are confidential and are not to be disclosed to anyone outside of the Company.
CONFIDENTIAL INFORMATION, INTELLECTUAL PROPERTY, AND NON-SOLICITATION AGREEMENT
This agreement entered between UNIFY (hereinafter referred to as the “Company”) and ____________________________ (hereinafter called “Employee”) describes certain terms and conditions governing the Employee’s employment with the Company and post-employment behavior. In consideration of the mutual promises hereinafter contained and the employment of Employee. Company and Employee hereby agree as follows:
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Confidential Information
All knowledge and information, whether oral or written (regardless of media), which Employee acquires, whether acquired on or off the premises of the Company, whether acquired during or outside business hours, respecting, without limitation. The Company’s services, products, processes, customers, other employees, suppliers, development, patents, research, pricing, marketing, sales, designs, methods, systems, improvements, trade secrets and any other Company matter, shall for all time and for all purposes be regarded as strictly confidential (the “Confidential Information”) except for the exclusions noted below.
“Confidential Information” shall not include information which: (i) at the relevant time is in the public domain or afterwards becomes, through no act of Employee, part of the public domain as evidenced by generally available documents or publications; (ii) is disclosed to Employee outside the scope of his or her employment without secrecy restriction by a third party who has the right to disclose; or (iii) is independently developed by Employee outside the scope of his or her employment and unrelated to any Company matter.
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Any Confidential Information which comes into the possession of Employee shall be held and used solely for the ultimate benefit of the Company and shall not be used for any other purposes whatsoever. No Confidential Information shall be directly or indirectly used, copied, photographed, or disclosed in any way whatsoever, in whole or in part, by the Employee except for the benefit and advancement of the Company.
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Protection and Acc
Employees protect Confidential Information by taking all reasonable precautions. Employee will limit the dissemination of Confidential Information (i) to those who have a need to have access to such Confidential Information for Company business and (ii) under appropriate terms of confidentiality if the dissemination is to non-employees.
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Remedies for Misuse of Confidential Information.
All Confidential Information obtained from or through the Company is proprietary and shall be or are valuable trade secrets of the Company. Employee acknowledges that any disclosure or unauthorized use thereof could cause irreparable harm and loss to the Company, for which money damages will not be an adequate remedy. Employee hereby consents, and waives any and all defense, to the issuance of a restraining order, preliminary, interim or permanent injunction, without bond or indemnity, restraining or enjoining any violation of this Agreement by Employee and/or any party or parties acting in concert with Employee.
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No Rights or Lic
No rights or licenses, express or implies, are granted to Employee under any patents, patent applications, claims or copyrights or trade secrets of the Company as a result of, or related to this Agreement, or otherwise.
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Inventions and Innovations.
With respect to any inventions or innovations arising directly or indirectly from his/her employment. Employee shall and does hereby agree as follows:
(a) To disclose to, and to assign to, the Company all right, title and interest in an to, all inventions and innovations developed by Employee, solely or jointly with others, during the period of his/her employment by the Company which relate to the business and activities of the Company and its affiliated companies, or which result from or are suggested by work which Employee does for the Company all of which shall constitute Confidential Information; (b) to execute all necessary documents and provide assistance during and subsequent to the employment of Employee to enable the Company to perfect and maintain its title to, and obtain for itself or its nominees, patents, industrial design registration, copyrights and other legal protection for such inventions or innovations in any way and all countries and to enforce such rights;
(c) To keep and maintain for the company precise and up-to-date written records for all such inventions or innovations and shall not take any action, directly or by assistance to any inventions or innovations or the validity of their legal protection;
(d) Upon any termination of employment, Employee shall deliver to the Company promptly all Confidential Information in his/her possession or control.
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No Solicitation.
Employee agrees not at any time during the term of his/her employment with the Company, and for twelve (12) months thereafter, to solicit, interfere with or endeavor to entice away from the Company any person, firm or corporation in the habit of dealing with the Company, or to interfere with or to solicit away any employee of the Company.
Employee agrees during the term if his/her employment with the Company or within twelve (12) months thereafter, directly or indirectly, not to be employed by or to provide services to any customer of the Company where such employment or services is similar to the work of the Employee while employed by the Company.
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General Provision
(a) Employee acknowledges that his/her full compliance with the terms and conditions of this Agreement is of utmost importance to the Company, and that an non-trivial breach hereof shall also constitute just cause for the immediate dismissal of Employee, without warning, notice or severance to Employee. The right of the Company to so terminate Employee shall in no way limit any other right or remedy of the Company expressed herein, or in law or equity.
(b) Employee represents that, except as may be stated in a schedule attached to this Agreement, he/she has no agreements with or obligations to others like, or inconsistent with, or in conflict with this Agreement.
(c) This Agreement supersedes and replaces all existing agreements between the Company and Employee relating generally to the same subject matter expresses herein.
(d) This Agreement may not be terminated, in whole or in part, except in writing signed by both an authorized representative of the Company and Employee.
(e) The restrictions and obligations of this Agreement shall survive any expiration, termination, or cancellation of the employment of the Employee and shall continue to bind Employee, and his/her successors, heirs and assigns.
(g) The Company may assign this Agreement to its successors in law, to its afiliates or other related entities.
(h) This Agreement may not be amended or modified, after its execution by the parties, except by amendment in writing duly signed by the parties hereto.
(i) This Agreement shall be construed and governed in accordance with the laws of the Province of Ontario.
(j) In the event of default hereunder, the company shall be entitled to its legal fees and costs on a full indemnity basis in addition to any damages, rights or remedies available to the Company.
(k) The terms and provision of this Agreement shall be deemed to be severable, and if any term or provision hereof or portion hereof is deemed or held to be invalid, illegal, or unenforceable, all of the remaining terms and conditions shall nevertheless be deemed to be in full force and effect.
(l) The Employee hereby acknowledges that he/she has read and understood the terms and provisions of this Agreement and has received a copy of this Agreement duly signed by the Company.
If you are uncertain regarding any of these terms and conditions, are encouraged to consult with your lawyer or advisor at your own expense.
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DISCLAIMERANDSIGNATURE
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I certify that the statements made in this application are true and complete to the best of my knowledge. I am aware that misrepresentation or falsifications may result in rejection of my application or dismissal from employment.
I commit to completing all required training and courses for the position offered before the end of my probation period.
Furthermore, I certify that I understand that should I be offered employment by UNIFY. I will be required to sign and be bound by a “CONFIDENTIALITY,ANDNON-DISCLOSUREAGREEMENT”.
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Printed Name
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Signature
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Date
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Occupational Health and Safety
MLTST Employment Standards Poster
WSIB
