CONFIDENTIALITY AGREEMENT Dated: THIS AGREEMENT is between __________________________________________, residing at _______________________________________ (hereinafter referred to as “I”, or “me”) and Downtown Pet Services, Inc., with a business address at 255 West 10th St., Apt. 4FS, New York, New York 10014 (hereinafter referred to as the “Company”) FOR GOOD AND VALUABLE CONSIDERATION, receipt and sufficiency of which is hereby acknowledged, including but not limited to the opportunity to be employed by and/or do business with the Company, it is hereby agreed that: 1.
I shall treat as confidential any and all information relating in any manner to the business and to the professional and personal interests of the Company and of its clients, family, employees, executives, and all others involved in the business of Company, directly or indirectly, including, without limitation, its and their organizational structure, operations, business plans, professional plans, projects, finances, investments, families, personal relationships, personal data and all other information of any nature having to do with any of the foregoing (“Confidential Information”). I shall not communicate or disclose in any manner or in any forum or make use of in any way any Confidential Information. Specifically, but without limitation of the foregoing, I shall not write or authorize to be written any articles, books or other materials, nor shall I participate in any interviews or make any public statements or appearances, using in any way any Confidential Information. I agree that I shall not distribute, publish, or permit the distribution or publication of photographs, video tapes, films, audio tapes, or any other recorded sound or image or any other materials of Company or its clients, employees, executive directors, shareholders, accountants, attorneys and others involved in the business of Company. I further agree that without the prior written authorization of the Company, I shall not copy, excerpt or remove any of its materials, including but not limited to, data, documents or records, and that upon termination of employment (regardless of cause) I or my legal representatives, heirs, successors or assigns shall promptly deliver possession to the Company in good condition, any of said property, copies and excerpts that may be in my possession.
I agree that the covenants set forth herein are of the essence of this Agreement and of my present and continued association with the Company. I hereby expressly acknowledge that money damages might be difficult to calculate and may not adequately compensate the Company in connection with an actual or threatened breach by me of the provisions of this Agreement. Accordingly, I hereby expressly agree that the Company shall be entitled to enforce by injunction and other equitable relief due to an actual or threatened breach by me of the provisions of this Agreement, and shall be entitled to proper performance and
observance of the provisions of this Agreement, and in addition, shall be entitled to pursue any other available remedies at law or in equity, including the recovery
of money damages, in respect of the actual or threatened breach of the provisions hereof. Furthermore, in the even that the Company incurs any costs or expenses, including reasonable attorneys fees, in connection with the enforcement of this Agreement, I agree to be liable to the Company for the same. 3.
This Agreement shall be governed by and construed in accordance with the laws of the State if New York without reference to its conflicts of law provisions.
This Agreement contains the entire understanding between the parties with respect to the subject matter hereof, and may not be altered, varied, revised or amended, except by an instrument in writing signed by the parties subsequent to the date of this Agreement. The parties have not made any other agreement or representation with respect to such matter.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first above written. SIGNATURE PRINT NAME