Common use of Colorado Clause in Contracts

Colorado. If Grantee resides in Colorado, then for so long as Grantee resides in Colorado, this Agreement shall be modified as follows: (i) If Grantee does not earn an amount of annualized cash compensation equivalent to or greater than sixty-percent of the threshold amount for highly compensated workers (or the earnings threshold in effect as adjusted annually after August 10, 2022, by the Colorado Division of Labor Standards and Statistics in the Department of Labor and Employment), then Section 3 shall not apply after ▇▇▇▇▇▇▇’s employment with the Company or any Subsidiary ends. (ii) If Grantee does not earn an amount of annualized cash compensation equivalent to or greater than the threshold amount for highly compensated workers (or the earnings threshold in effect as adjusted annually after August 10, 2022, by the Colorado Division of Labor Standards and Statistics in the Department of Labor and Employment), then Section 5 shall not apply after ▇▇▇▇▇▇▇’s employment with the Company or any Subsidiary ends. (iii) The restrictions in Section 3 shall be modified to cover only those customers or suppliers with respect to which Grantee would have been provided trade secret information during the Look-back Period. Grantee stipulates that the obligations in Sections 3 and 5 are reasonable and necessary for the protection of trade secrets within the meaning of §8-2-113(2)(b) (the “Colorado Noncompete Act”). (iv) Grantee acknowledges that they received notice of the covenant not to compete and its terms before Grantee accepted an offer of employment, or, if a current employee at the time Grantee enters into this Agreement, at least 14 days before the earlier of the effective date of this Agreement or the effective date of any additional compensation or change in the terms or conditions of employment that provides consideration for the covenant not to compete, and under no circumstances will this Agreement go into effect until 14 days have passed since Grantee received it. (v) In addition to the other forms of Protected Conduct, nothing in this Agreement prohibits disclosure of information that arises from the worker’s general training, knowledge, skill, or experience, whether gained on the job or otherwise, information that is readily ascertainable to the public, or information that a worker otherwise has a right to disclose as legally protected conduct. Nothing in this Agreement or a Company policy limits or prevents a worker from disclosing information about workplace health and safety practices or hazards. Further, nothing in this Agreement shall be construed to prohibit Grantee from disclosing or discussing (either orally or in writing) information about unlawful acts in the workplace, such as any alleged discriminatory or unfair employment practice.

Appears in 2 contracts

Sources: Performance Units Agreement (J M SMUCKER Co), Deferred Stock Units Agreement (J M SMUCKER Co)

Colorado. If Grantee resides in Colorado, then for so long as Grantee resides in Colorado, this Agreement shall be modified as follows: (i) If Grantee does not earn an amount of annualized cash compensation equivalent to or greater than sixty-percent of the threshold amount for highly compensated workers (or the earnings threshold in effect as adjusted annually after August 10, 2022, by the Colorado Division of Labor Standards and Statistics in the Department of Labor and Employment), then Section 3 shall not apply after ▇▇▇▇▇▇▇Grantee’s employment with the Company or any Subsidiary ends. (ii) If Grantee does not earn an amount of annualized cash compensation equivalent to or greater than the threshold amount for highly compensated workers (or the earnings threshold in effect as adjusted annually after August 10, 2022, by the Colorado Division of Labor Standards and Statistics in the Department of Labor and Employment), then Section 5 shall not apply after ▇▇▇▇▇▇▇’s employment with the Company or any Subsidiary ends. (iii) The restrictions in Section 3 shall be modified to cover only those customers or suppliers with respect to which Grantee would have been provided trade secret information during the Look-back Period. Grantee stipulates that the obligations in Sections 3 and 5 are reasonable and necessary for the protection of trade secrets within the meaning of §8-2-113(2)(b) (the “Colorado Noncompete Act”). (iv) Grantee acknowledges that they received notice of the covenant not to compete and its terms before Grantee accepted an offer of employment, or, if a current employee at the time Grantee enters into this Agreement, at least 14 days before the earlier of the effective date of this Agreement or the effective date of any additional compensation or change in the terms or conditions of employment that provides consideration for the covenant not to compete, and under no circumstances will this Agreement go into effect until 14 days have passed since Grantee received it. (v) In addition to the other forms of Protected Conduct, nothing in this Agreement prohibits disclosure of information that arises from the worker’s general training, knowledge, skill, or experience, whether gained on the job or otherwise, information that is readily ascertainable to the public, or information that a worker otherwise has a right to disclose as legally protected conduct. Nothing in this Agreement or a Company policy limits or prevents a worker from disclosing information about workplace health and safety practices or hazards. Further, nothing in this Agreement shall be construed to prohibit Grantee from disclosing or discussing (either orally or in writing) information about unlawful acts in the workplace, such as any alleged discriminatory or unfair employment practice.

Appears in 2 contracts

Sources: Restricted Stock Agreement (J M SMUCKER Co), Restricted Stock Agreement (J M SMUCKER Co)

Colorado. If Grantee resides I primarily reside and work for the Company in Colorado, then for so long as Grantee resides then: Nothing in Colorado, this Agreement shall will require me to adjudicate outside of Colorado the enforceability of a covenant not to compete or require that another state’s law other than Colorado law govern the enforceability of a covenant not to compete that applies to me. I agree that the defined Competitive Activity is activity that would (by its nature) involve or lead to the compromise of trade secrets. I also understand that Covered Customers and Covered Suppliers will be modified as follows: (i) If Grantee does not earn an amount of annualized cash compensation equivalent limited to or greater than sixty-percent of the threshold amount for highly compensated workers (or the earnings threshold in effect as adjusted annually after August 10, 2022, by the Colorado Division of Labor Standards and Statistics in the Department of Labor and Employment), then Section 3 shall not apply after ▇▇▇▇▇▇▇’s employment with the Company or any Subsidiary ends. (ii) If Grantee does not earn an amount of annualized cash compensation equivalent to or greater than the threshold amount for highly compensated workers (or the earnings threshold in effect as adjusted annually after August 10, 2022, by the Colorado Division of Labor Standards and Statistics in the Department of Labor and Employment), then Section 5 shall not apply after ▇▇▇▇▇▇▇’s employment with the Company or any Subsidiary ends. (iii) The restrictions in Section 3 shall be modified to cover only those customers or suppliers with respect to which Grantee would have been I am provided trade secret information during secrets in the Look-back Periodcourse of my employment. Grantee stipulates that Accordingly, the obligations in Sections 3 Noncompete, Customer Nonsolicit, and 5 Supplier Nonsolicit covenants are each reasonable and necessary for the protection of Company trade secrets within secrets. The Noncompete and Supplier Nonsolicit covenants in this Agreement will not be applicable to me unless I earn (or am expected to earn, if employed less than a calendar year) an amount of “Annualized Cash Compensation” equivalent to or greater than the meaning of §“Threshold Amount” for highly compensated workers as these quoted terms are defined under Col. Rev. Stat. § 8-2-113(2)(b113. The Customer Nonsolicit covenant will not be applicable to me unless my earnings (or expected earnings if employed less than a calendar year) (are at least sixty percent of the Threshold Amount. The Threshold Amount is $101,250 as of August 10, 2022, and will be adjusted annually thereafter by the Colorado Noncompete Act”). (iv) Grantee acknowledges Division of Labor Standards. I acknowledge that they I received notice of the covenant covenants not to compete in this Agreement and its their terms in a separate document before Grantee I accepted an my offer of employment, or, if a current employee at the time Grantee enters I enter into this Agreement, at least 14 fourteen (14) days before the earlier of the effective date of this the Agreement or the effective date of any additional compensation or change in the terms or conditions of my employment that provides consideration for the covenant covenants not to compete. If I am a current employee at the time I enter into this Agreement, and under no circumstances will the effective date of this Agreement go into effect until 14 shall be no earlier than fourteen (14) days have passed since Grantee after I received it. (v) In addition notice of the covenants not to the other forms of Protected Conduct, nothing compete in this Agreement prohibits and their terms. The Confidential Information restrictions in this Agreement do not prohibit a worker’s disclosure of information that arises from the worker’s general training, knowledge, skill, or experience, whether gained on the job or otherwise, information that is readily ascertainable to the public, or information that a worker otherwise has a right to disclose as legally protected conduct. Nothing in this Agreement or a Company policy limits or prevents a worker from disclosing information about workplace health and safety practices or hazards. Further, nothing in this Agreement shall be construed to prohibit Grantee from disclosing or discussing (either orally or in writing) information about unlawful acts in the workplace, such as any alleged discriminatory or unfair employment practice.

Appears in 1 contract

Sources: Transition Agreement and Release (RingCentral, Inc.)

Colorado. If Grantee resides in Coloradoit is determined by a non-appealable final decision of a court of competent jurisdiction, then for so long as Grantee resides in Coloradoor otherwise mandated by applicable law, this Agreement shall be modified as follows: (i) If Grantee does not earn an amount of annualized cash compensation equivalent to or greater than sixty-percent of the threshold amount for highly compensated workers (or the earnings threshold in effect as adjusted annually after August 10, 2022, by the that Colorado Division of Labor Standards and Statistics in the Department of Labor and Employment), then Section 3 shall not apply after ▇▇▇▇▇▇▇’s employment with the Company or any Subsidiary ends. (ii) If Grantee does not earn an amount of annualized cash compensation equivalent to or greater than the threshold amount for highly compensated workers (or the earnings threshold in effect as adjusted annually after August 10, 2022, by the Colorado Division of Labor Standards and Statistics in the Department of Labor and Employment), then Section 5 shall not apply after ▇▇▇▇▇▇▇’s employment with the Company or any Subsidiary ends. (iii) The restrictions in Section 3 shall be modified to cover only those customers or suppliers with respect to which Grantee would have been provided trade secret information during the Look-back Period. Grantee stipulates that the obligations in Sections 3 and 5 are reasonable and necessary for the protection of trade secrets within the meaning of §8-2-113(2)(b) (the “Colorado Noncompete Act”). (iv) Grantee acknowledges that they received notice of the covenant not to compete and its terms before Grantee accepted an offer of employment, or, if a current employee at the time Grantee enters into law governs this Agreement, at least 14 days before the earlier of the effective date of then if this Agreement or the effective date of any additional compensation or change is not signed in the terms or conditions of employment that provides consideration connection with an agreement for the covenant not to competepurchase and sale of a business or asset of a business, and under no circumstances will this Agreement go into effect until 14 days have passed since Grantee received it. (v) In addition it is agreed that the following revisions to the other forms of Protected Conduct, nothing Agreement shall apply: The confidentiality obligations set forth in this Agreement prohibits Section 1 shall not restrict my disclosure of information that that: (a) arises from the worker’s my general training, knowledge, skill, or experience, whether gained on the job or otherwise, information that ; (b) is readily ascertainable to the public, ; or information that a worker (c) I otherwise has have a right to disclose as legally protected conduct. Nothing During the Restricted Period, Section 3 shall apply only to the extent (a) as an employee of IQVIA, I was paid at or above the then-current highly compensated worker threshold under applicable Colorado law ($101,250 annually as of August 10, 2022, which is subject to annual adjustments under Colorado law) and (b) necessary to protect the Company’s legitimate interest in protecting its trade secrets. During the Restricted Period the restrictions in Sections 4(a) and 4(b) shall apply only to the extent that I am paid at or above sixty percent (60%) of the level of the then-current highly compensated worker threshold under applicable Colorado law (such 60% amount is equal to approximately $60,750 annually as of August 10, 2022, which is subject to annual adjustments under Colorado law). If I am a current employee of the Company at the time this Agreement or a Company policy limits or prevents a worker from disclosing information about workplace health and safety practices or hazards. Furtheris provided to me for signature, nothing the restrictive covenants in Section 3(a) of this Agreement shall become effective fourteen (14) days after the date I sign this Agreement. In accordance with applicable law, if at the time of my termination from my Employer (not including a transfer to another entity within the Company), I am primarily residing and working for the Company in Colorado, then Section 8(g) is revised such that Colorado law will govern the enforceability of Section 3. In accordance with applicable law, if at the time of my termination from my Employer (not including a transfer to another entity within the Company), I am primarily residing or working for the Company in Colorado, then I cannot be construed required to prohibit Grantee from disclosing or discussing (either orally or in writing) information about unlawful acts in adjudicate the workplace, such as any alleged discriminatory or unfair employment practiceenforceability of Section 3 outside of the State of Colorado.

Appears in 1 contract

Sources: Confidentiality and Restrictive Covenants Agreement (Iqvia Holdings Inc.)