Circuit City 2003 Annual Report Download - page 31

known to You at the time of the making of this Agreement.
15. You agree not to file any claim or participate as a party in any lawsuit for any claim waived in paragraphs 13
and 14, nor to seek or obtain any personal monetary benefits or equitable relief from the Company in any individual
lawsuit, class action lawsuit or other legal proceeding brought by others against the Company for any reason.
16. For a period of thirty (30) months following the Termination Date (the "Non-Compete Period"), You hereby
covenant and agree that You will not, directly or indirectly, anywhere in North America and Europe (the "Territory"), (i)
compete, directly or indirectly, as an officer, director, shareholder, partner, investor, agent, employee, consultant, advisor
or otherwise, with the Company in the business or activities in which the Company is now engaged; (ii) directly or
indirectly, on Your own behalf or on behalf of or as an officer, director, shareholder, partner, investor, agent, employee,
consultant, advisor or otherwise, of any other person or entity, contact or approach any person or business, wherever
located, for the purpose of competing with the Company's business, in the Territory; or (iii) participate as an officer,
director, shareholder, partner, investor, agent, employee, consultant, advisor or otherwise, or have any other direct or
indirect financial interest in, any enterprise which engages in the Company's business in the Territory; provided,
however, that You may own up to two (2%) percent of the capital stock of any corporation (other than the capital stock
of the Company as to which this clause (iii) shall not apply), required to file reports pursuant to the Securities Exchange
Act of 1934. For purposes of this paragraph (a) the "Company" shall be deemed to include Systemax Inc. and its
subsidiaries and affiliated companies including but not limited to Global Computer Supplies Inc. and (b) the "Company's
business" shall be deemed to be the advertising, marketing, distribution, sale and/or manufacture of personal computers,
computer related accessories and supplies and/or industrial products by means of any medium including, but not limited
to, broadcast, cable or satellite television, radio, print or the Internet.
16A. You agree not to hire, attempt to hire or solicit the employment of any employee or officer of the Company
or affiliate of the Company on behalf of yourself or any person, firm or corporation, or otherwise interfere with the
employment relationship between the Company and any employee of the Company for a period of thirty (30) months
from the date hereof.
17. You agree that You will keep the terms and amount and fact of this Agreement completely confidential, and
that You will not hereafter disclose any information concerning this Agreement to any person other than Your present
attorneys, accountants, tax advisors, or immediate family. This provision shall not apply to any action by You to enforce
the terms of this Agreement, to report your income to the Internal Revenue Service, nor prevent any disclosure required
by law including, but not limited to, regulations under federal and state securities laws.
18. You agree not to disclose directly or indirectly to any person at any time following your termination of
employment by the Company any knowledge or information not generally available to the public regarding the
Company's methods, systems (including management information systems), trade secrets, customer information,
supplies, pricing, business strategy or other private or confidential matters which You acquired during the course of
Your employment.
19. During the severance payment period You agree to fully cooperate with the Company and to use your best
efforts during normal business hours to answer any questions any Company representative may have concerning the
Company's operations. In addition, during the severance period You agree not to defame or otherwise make any public
statement regarding the Company or any director, officer or employee thereof which would materially injure the
reputation of the Company or such director, officer or employee.
20. In the event You breach this Agreement the Company shall discontinue any and all severance payments
payable under this Agreement and You shall refund to the Company any and all severance payments and other
consideration (including payments relating to medical coverage and car lease) previously made to You, or for your
benefit, under this Agreement. In addition, in the event You breach this Agreement the Company shall be entitled to (a)
both a preliminary and permanent injunction in order to prevent a further breach of this Agreement, and (b) money
damages in so far as they can be determined.
SYSTEMAX INC.