Fill and Sign the With Covenant Form

Certification Training and Reimbursement Policy for Employees with Covenant not to Compete WHEREAS, _________________________________ ( A Employer @ ) has established an Certification Training and Reimbursement Policy for Employees to enable and encourage eligible employee to become board certified in ____________________________ (e.g. Orthotics and/or Prosthetics ) ; and WHEREAS, all full-time regular employees who have completed a minimum of one year of service are eligible to participate in this certification process if approved by Employer; NOW, THEREFORE, the undersigned Employee and Employer agree as follows: 1. Employee agrees to seek such certification by attending seminars add taking the required educational courses. The cost of travel, registration, tuition, food, and lodging for attending these activities shall be paid by Employer. Any other cost incurred by Employee in connection with these activities shall be at the expense of Employee, unless, because of unusual circumstances, Employer, at its discretion, shall determine that any additional cost of Employee = s attendance should be authorized as an expense of Employer. Should any such additional expenses of attendance be authorized, Employee shall be reimbursed therefore upon presenting to Employer an itemized expense voucher . 2. Should a test be given at any such seminar of education course, reimbursement shall be based on the following schedule: Grade Received Amount of Reimbursement % % % 3. If Employee is eligible for reimbursement from any other source (e.g., a government- sponsored program or scholarship) he/she may seek assistance under Employer = s reimbursement program but will be reimbursed only for the difference between the amount received from the other funding source and the actual course cost up to the maximum reimbursement allowable under this policy based on the grade received. 4. Upon return from any such seminar or education course, Employee shall hold instructional sessions satisfactory to Employer teaching other employees what Employee learned at said seminar or through such education course. 5. COVENANT NOT TO COMPETE: a) I, the undersigned Employee, recognize that during my employment, Employer will make a substantial direct investment in the unique skills and knowledge I will acquire in the course of my employment and the education and training described above. I also recognize that during my employment with Employer, I will necessarily be exposed to confidential and unique information, including but not limited to trade secrets and customer lists. In addition, I recognize that Employer has worked hard to develop and maintain its goodwill and reputation and has a legitimate interest in maintaining both the goodwill and reputation. In consideration of my employment and the investment Employer will make in development of my skills and knowledge, and as a critical part of my entire employment agreement with Employer, I agree that at no time during my employment with Employer, or for a period of 18 months immediately following the end of my voluntary or involuntary employment with Employer, will I, for myself or on behalf of any person, corporation or entity other than the Employer, engage in the field of _______________________________________________________ (describe business here) . b) As well, I agree that during this period I will not, directly or indirectly, solicit or attempt to solicit the business or patronage of any person, corporation or entity for the purpose of selling or servicing ____________________________ (name of product) or for the purpose of any other business or service engaged in by Employer. I also agree that during this period I will not service contracts and accounts involving ____________________________ (name of product) for any person, corporation or other entity other than Employer. c) I agree that in the event that Employer believes I have violated this Covenant Not To Compete, it may notify any other person, corporation or entity of the existence of this Covenant Not To Compete, will be entitled to lull injunctive relief from any breach of this Covenant Not To Compete, and will be entitled to recover from me its actual damages, punitive damages, attorney = s fees, and costs incurred because of the breach. d) I agree that this Covenant Not To Compete is reasonably necessary to protect the Employer = s legitimate interests and does not impose an undue hardship on me. By signing below, I indicate that I have read this Covenant No To Compete and that I fully understand and agree to all of its provisions. WITNESS our signatures this the day of ____ , 20____. __ ____________________________ EMPLOYER EMPLOYEE