CompUSA 2011 Annual Report Download - page 85

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15
Incapacity
15.1
Subject to the compliance of the Employee with the sickness absence procedures of the Company (as amended from time to time), he
shall continue to receive his full salary and contractual benefits during any period of absence due to Incapacity for up to an aggregate
of 4 weeks in any 52 week period. Such payment shall be inclusive of any statutory sick pay due in accordance with applicable
legislation in force at the time of absence.
15.2
The Employee agrees to consent to medical examinations (at the expense of the Company) by a doctor nominated by the Company
should the Company so require. The Employee agrees that any report produced in connection with any such examination may be
disclosed to the Company and the Company may discuss the contents of the report with the relevant doctor.
15.3
If the Incapacity is or appears to be occasioned by actionable negligence, nuisance or breach of any statutory duty on the part of a
third party in respect of which damages are or may be recoverable, the Employee shall immediately notify the Company of that fact
and of any claim, compromise, settlement or judgment made or awarded in connection with it and all relevant particulars that the
Company may reasonably require. The Employee shall if required by the Company, refund to the Company that part of any damages
or compensation recovered by him relating to the loss of earnings for the period of incapacity as the Company may reasonably
determine less any costs borne by him in connection with the recovery of such damages or compensation, provided that the amount
to be refunded shall not exceed the total amount paid to the Employee by the Employee in respect of the period of Incapacity.
15.4
The rights of the Company to terminate the Appointment under the terms of this agreement apply even when such termination would
or might cause the Employee to forfeit any entitlement to sick pay, permanent health insurance or other benefits.
16
Outside interests
16.1
Subject to clause 16.2, during the Appointment the Employee shall not, except as a representative of the Company or with the prior
written approval of the Company, whether paid or unpaid, be directly or indirectly engaged, concerned or have any financial interest
in any Capacity in any other business, trade, profession or occupation (or the setting up of any business, trade, profession or
occupation).
16.2
Notwithstanding clause 16.1, the Employee may hold an investment by way of shares or other securities of not more than 1% of the
total issued share capital of any company (whether or not it is listed or dealt in on a recognised stock exchange) where such company
does not carry on a business similar to or competitive with any business for the time being carried on by the Company or any Group
Company.
16.3
The Employee agrees to disclose to the Company any matters relating to his spouse or civil partner (or anyone living as such),
children or parents which may, in the reasonable opinion of the Company, be considered to interfere, conflict or compete with the
proper performance of the obligations of the Employee under this agreement.
17
Confidential information
17.1
Without prejudice to his common law duties, the Employee shall not (except in the proper course of his duties, as authorised or
required by law or as authorised by the Systemax Chairman & CEO, either during the Appointment or at any time after termination
of the Appointment (howsoever arising):
17.1.1
use any Confidential Information; or
17.1.2
make or use any Copies; or