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compensation, that is prejudicial to the USTDI’s business and operations, and/or which
utilizes any skill, contacts, information, and/or knowledge obtained while training and/or
working with the USTDI, c) he/she will not directly or indirectly seek to hire away any of
the USTDI’s other employees, staff, representatives, and/or other persons working for
USTDI: and d) he/she is not allowed to work full-time to any company or private entity
even if it is not in competition with USTDI.
5. CONFIDENTIALITY, NON-DISCLOSURE, NON-COMPETITION
- The EMPLOYEE shall not divulge in any manner, directly or otherwise, confidential
matters in any way related to the business, organization and operations of USTDI,
including the terms of this Agreement, which he may come to know or be privy to as a
result, directly or indirectly, of his engagement with USTDI. Further, the EMPLOYEE
shall not divulge confidential matters related to any project that USTDI is involved in,
including but not limited to processes, marketing and/or promotion plans and details, all
other details and processes, and any and all related matters and/or information, posting
USTDI products in personal websites or in social media networks and disclose his
Enterprise Resource Planning (“ERP”) password to anybody. Furthermore, the
EMPLOYEE shall refrain from making unnecessary comments, remarks or actuations
regarding USTDI, its business, operations, productions and projects that may later prove
detrimental and/or prejudicial to USTDI.
During the term of this Agreement, the EMPLOYEE will not at any time, in any
manner whatsoever, directly or indirectly engage in any activity prejudicial to or in
competition with the interest, business and operations of USTDI, unless USTDI gives its
written consent to said activities.
The EMPLOYEE understand that the position he holds is a position of trust and
confidence, which he shall not, during the term of his employment with the USTDI and for
a period of one (1) year after the termination of the Contract with USTDI, form a
business/venture/endeavour which would directly or indirectly compete with the business
of USTDI, accept employment from, or contract to render services to, any person, firm or
corporation involved in a business or undertaking, would directly or indirectly in
competition or in conflict with, or in any way prejudicial to the business or interest of
USTDI as well as its Clientele.
6. COMPLIANCE WITH COMPANY RULES - The EMPLOYEE
undertakes and commits to comply with the COMPANY’s norms, rules, and guidelines
relative to work performance, labor standards, operating procedures, personnel conduct
and ethical rules, and other COMPANY rules and regulations, provided he/she is notified
of said COMPANY rules and guidelines.
7. INJUNCTIVE RELIEF - The EMPLOYEE hereby expressly agrees that
USTDI shall be entitled to injunctive and other equitable relief to prevent a breach, or
restrain further breach, of this agreement by the EMPLOYEE. For this reason, the
EMPLOYEE waives any procedural right to be heard on an injunctive relief and expressly
offers no objection to such ex-parte application thereof by USTDI.
Resort to injunctive relief and other equitable relief, however, shall not be construed
as a waiver of any other rights or remedies or causes of action which USTDI may have, or
may maintain, whether this be independent of or simultaneous with, the action for
injunctive relief.
In case of breach with any of the provisions stated herein, the EMPLOYEE shall
be liable to pay USTDI liquidated damages in the amount of not less than FIVE
HUNDRED THOUSAND PESOS (PHP 500,000.00).
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