Burger King 2009 Annual Report Download - page 173

acknowledges that the Company has legitimate business interests in requiring a worldwide geographic scope and application of this
non−compete provision, and agrees that this non−compete provision applies on a worldwide basis.
(c) Non−Solicitation of Employees and Franchisees. During the period of Executive’s employment with the Company and for the one
(1)−year period following Executive’s Separation from Service with the Company, Executive shall not, directly or indirectly, by himself or
through any third party, whether on Executive’s own behalf or on behalf of any other Person or entity, (i) solicit or induce or endeavor to solicit
or induce, divert, employ or retain, (ii) interfere with the relationship of the Company or any of its Affiliates with, or (iii) attempt to establish a
business relationship of a nature that is competitive with the business of the Company with, any Person that is or was (during the last twelve
(12) months of Executive’s employment with the Company) (A) an employee of the Company or engaged to provide services to it, or (B) a
franchisee of the Company or any of its Affiliates.
11. Work Product. Executive agrees that all of Executive’s work product (created solely or jointly with others, and including any
intellectual property or moral rights in such work product), given, disclosed, created, developed or prepared in connection with Executive’s
employment with the Company, whether ensuing during or after Executive’s employment with the Company (“Work Product”) shall exclusively
vest in and be the sole and exclusive property of the Company and shall constitute “work made for hire” (as that term is defined under
Section 101 of the U.S. Copyright Act, 17 U.S.C. § 101) with the Company being the person for whom the work was prepared. In the event
that any such Work Product is deemed not to be a “work made for hire” or does not vest by operation of law in the Company, Executive
hereby irrevocably assigns, transfers and conveys to the Company, exclusively and perpetually, all right, title and interest which Executive
may have or acquire in and to such Work Product throughout the world, including without limitation any copyrights and patents, and the right
to secure registrations, renewals, reissues, and extensions thereof. The Company and its Affiliates or their designees shall have the exclusive
right to make full and complete use of, and make changes to all Work Product without restrictions or liabilities of any kind, and Executive shall
not have the right to use any such materials, other than within the legitimate scope and purpose of Executive’s employment with the
Company. Executive shall promptly disclose to the Company the creation or existence of any Work Product and shall take whatever additional
lawful action may be necessary, and sign whatever documents the Company may require, in order to secure and vest in the Company or its
designee all right, title and interest in and to all Work Product and any intellectual property rights therein (including full cooperation in support
of any Company applications for patents and copyright or trademark registrations).
12. Return of Company Property. In the event of termination of Executive’s employment for any reason, Executive shall return to the
Company all of the property of the Company and its Affiliates, including without limitation all materials or documents containing or pertaining
to Confidential Information, and including without limitation, any Company car, all computers (including laptops), cell phones, keys, PDAs,
Blackberries, credit cards, facsimile machines, televisions, card access to any Company
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