INTERFERENCE WITH EMPLOYMENT RELATIONS. During the term of this Agreement, neither Company nor Operator shall employ or seek to employ, directly or indirectly, any person serving in a managerial position who is at the time or was at any time during the prior six (6) months employed by the other party, its subsidiaries, or by any other franchisee in the System. This paragraph shall not be violated if, at the time Company or Operator employs or seeks to employ such person, the current employer has given its written consent. Request for Company’s consent when required in such instances should be addressed in writing to Company’s Vice President of Franchising. Notwithstanding Article XXVII.G., the parties hereto acknowledge that if this paragraph is violated, the former employer shall be entitled to liquidated damages equal to twice the annual salary of the employee involved plus reimbursement of all costs and attorney fees incurred. Furthermore, such former employer shall be entitled to seek such amounts through either arbiiration or litigation in Court. For purposes of this paragraph, “managerial position” includes restaurant manager and above.
Appears in 1 contract
INTERFERENCE WITH EMPLOYMENT RELATIONS. During the term of this Agreement, neither Company nor Operator shall employ or seek to employ, directly or indirectly, any person serving in a managerial position who is at the time or was at any time during the prior six (6) months employed by the other party, its subsidiaries, or by any other franchisee in the System. This paragraph shall not be violated if, at the time Company or Operator employs or seeks to employ such person, the current employer has given its written consent. Request for Company’s 's consent when required in such instances should be addressed in writing to Company’s 's Vice President of Franchising. Notwithstanding Article XXVII.G., the parties hereto acknowledge that if this paragraph is violated, the former employer shall be entitled to liquidated damages equal to twice the annual salary of the employee involved plus reimbursement of all costs and attorney fees incurred. Furthermore, such former employer shall be entitled to seek such amounts through either arbiiration arbitration or litigation in Court. For purposes of this paragraph, “"managerial position” " includes restaurant manager and above.
Appears in 1 contract
Sources: Franchise Agreement (American Restaurant Partners L P)