Free Amended Complaint - District Court of Connecticut - Connecticut

· I __ Case 3:03-cv-00161-l\/IFlK Document 24-3 Filed 12/1]/2003 Page 1 of 4
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_ ‘ 1, gz: {sc / A. 66¢=··-gg , the undersigned (herein fter sometimes 1
referred to as 'Employee"l, hereby recognize that in the public accounting practice of
TH EMISTOS, OLSZEWSKI & DANE, P.C., a Massachusetts Professional Corporation ' I
with a principal place of business at One Monarch Place, Springfield, Massachusetts I 1
. (hsrelnaft r ometlmes called the "Corporatlon"l and ln the conduct of Its said . 1
practice, much information is Involved of a confldEn’tii`:l1`nature. This information
constitutes .valuabl• property of the Corporation .end is generally not to be 1
disseminated or made known to parties outside the Corporation. It ls recognized that 1
as a result of my employment bythe Corporation; l may have the opportunity to and _ 1
may so acquire knowledge of auch confidential information. - 1
ln consideration of my employment beyond one week from the date hereof, and 1
· 'the continued employment of me by THEMISTOS, OLEEZEWSKI & DANE, P.C., l _ 1
therefcreagree ae follows: · ' ' ` 1
` _ 1. I shall not. during the term of my employment with the Corporation, nor at any 1
· time thereafter. disclose to anyone outside ofthe Corporation or use ln other than the
Corporatlcn's business, any confidential information of the Corporation. except as _
authorized in writing by authoritative personnel of the Corporation. _ Corporation
information which is not readily available to the public shall be considered confidential
for the purpose of this Agreement and shall include, but not be limited to, infomation
‘ relative to the Corporation and its a reements with clients. client lists and mailing lists. 1
and financial information that may relate to the Corporation. Confidential lnfon nation
shall also for purposes of this Agr ement Include client lists as well as any information 1
relating ln any manner to the Corporation's business reladonship with such clients. __· 1
. ‘2. All books, records, accounts, listspraports and any and all other records and , 1
. infomation andany and all copies thereof relating In any manner to the Corporation?
. clients, whether prepared by me or otherwise coming intomy possession, shall be the
exclusive property of the Corporation and shall be- returned lmrnedlatejy to the
Corporation upon termination ofthe my employment or upon the Corporation s request
l at ny time. - _ ` 1
3. Upon 'termination of employment, Employee shall have the riqhf. ¤P¤*'l
. presentation of a written direction from any cllent, within twenty four (24-la months
` after the Employ••'s termination of employment, to have provided to him or her any
records and files of such client. Provided however, the Employee shell at has or her 1
own expense, reproduce for the benefit of the Corporation any such records and fll¢$·
4: I hereby agree that for a period of twenty l'our_»l24l) months lrnmedlatalll 1
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——---——.;...... _________________________;___________,,_____¥1

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` -`. J ··· Case 3:03-cv-O0161(lVl}FiK Document 24-3 Fi_Ied 12(1762003 Page 2 of 4 l
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following my termination of employment with the Corpotr tion for any reason. that I
shall neither call nor solicit, either for myself or any other person or firms. any of the · · l
clients of tho Corporation for whom I have performed services. or with whom I have
become acquainted, nor shall I make known to any person or firms. either directly or
indirectly. the names or addresses of any such clients or any other information relating 1
C in any manner to the Corporati¤n‘s business relationship with such clients. A
· Upon my termination of employment with the Corporation for any reason and
I further upon any then existing client ofthe office desiring to become my client, l I
hereby agree to pay to the Corporation a sum equal to one hundred fifty percent ,
(150%) ofthe previous yoar's gross billings for sald client. The aforesaid sum is to Q
` be paid by me in two (2} equal installments. with the flrst such installment being due I
and payable six I 6) month's after notice to the Corporation has been given by the
undersigned andlor by the oll e nt as to desiring to become my client. and thieeoond
equal Installment to be paid six (Gl month"a thereafter. The aforesaid obligation shall I
I be evidenced by my executing a Promissory Note in an amount equal to the aforesaid ‘ l
installments. , ‘ "
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The phrase "then existing client" as used in the immediately preceding
paragraph shall apply` to an aaorvteyat, fiduciary and/or business client of the l
Corporation serviced by the Corporation within the twenty four (24-I month period
. Immediately preceding my termination otempioyment with the Corporation.
The aforesaid requirement of the payment of one hundred fifty percent (150%) l
of the previous yeerfs gross billings shall not apply to any client that was originally
broughttc the Corporation bythe undersigned as of his or her first day of employment l
with the Corporation nor shall it apply to any client ofthe Corporation that seeks to l
go with the Employee more than- twenty four (24) months after Employee s
termination of employment. The clients so originally brought to the Corporation are
cat forth on Exhibit "A" attached hereto. ` " · -·
5. In the event of a breach bf any of the provisions hereof. the Corporation shall _
have any and all equitable and/or legal remedies including injunctive relief available to
I it to enforce the provisions ashereinbofore sat forth in this Agreement. _
8. I ¤lS¤ ¤¤l‘¤¤ that I will not disclose to the Corporation or to other employees Gi
the Corporation or use for the Corporation any confiden tial inforrnotion obtained during l
. ‘ _ any former employment, which confidential information I em under ob|ig¤l.l¤¤ t¤ i<¤¤P l
‘ . confidentlal. · L
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7. This Agreement shall enure tothe benefit of the successors and assigns of i
I THEMISTOS. OLSZEWSKI Bt DANE, P.C. and shall be bindllng upon my heirs Bhd lose!
‘ representatives. _ r ' _
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_4 ,. a. Case 3:03-cv-00161CN/IBK Document 24-3 Filed 12/(1742003 Page 3 of 4
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95jN WITNESS WHEREOF; this Agrcemcntis signed this 27 day of ;[%, ,
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` I . * . Case 3:03-cv-OO161 .· Q, J . we . `~ "'
j _ _ AGREEMENT I
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Artist Collective, Inc. ·
. A•Dl colj • _
Capital Housing Finance corporation and cnc
_ _ Carlyle Johnson Machine cc., Inc. ` ‘ ·
Consolidated Precast, Inc.
Greater Hartford business Development center` E
' · Greater Hartford Chamber ot domnerce Foundation
Hartford Aree_Pr1vate Industry Council _ ` I
Harttord Area training center ·
` Hartford Economic Develop ent Corp. . ` I
Herald Publishing co., Inc.
Knox Park Foundation ` `- · I
Link ‘c°rp• - I I I U
' · Mndriqal Audio Laboratorie~, Inc.‘ .
M.H. Rhodes
- Santord Berlin and related entitles » .
sheldon oak central, Inc. and related entities 4 I
Slmscroft-Echo Farms, Inc. and related entitles Q
South Park Inn, Inc. `
The National Die C¤.,.Inc. - _ .
- Thomas Holmes and related entities
' Vance Brown_ · · _
. West Harttord Tool & Die company, Inc. ‘
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