NON-DISCLOSURE AGREEMENT
Simplicity Logistics, LLC a Limited Liability Company incorporated under the Laws of State of
Ohio, USA, (Hereinafter referred to as the ‘Discloser’, which expression shall include, unless
repugnant to the meaning or context thereof, its successors and permitted assigns) of the One
Part.
This Non-Disclosure and Confidentiality Agreement (hereinafter referred to as “Agreement” and
"NDA") is entered into as of the __________ (the “Effective Date”) by and between:
(Hereinafter referred to as the ‘Recipient ', which expression shall include, unless repugnant to
the meaning or context thereof, its successors and permitted assigns) of the Other Part)
In consideration of the mutual covenants contained in this Agreement and other good and
valuable consideration, it is hereby agreed:
For the purpose of this Agreement, the following expressions shall have the meaning specified
hereunder:
WHEREAS, the Discloser & Recipient individually hereinafter referred as Party and collectively
hereinafter referred as Parties
a) ‘Agreement’ shall mean this Agreement or any modifications or amendment thereto
______________ an employee or independent contractor to the disclosing party.
Phone Number:
Address:
Email:
AND
A. Prior to entering this Agreement, the Recipient agreed to provide service and obligate
based on the duties listed in your agreement or noted/documented duties [Freight
Services] to the Discloser.
B. In the course of working [Freight Services], the Recipient acknowledges and agrees
that the Discloser will disclose Confidential Information (as defined herein) to the
Recipient.
C. as part of recipient services it was specifically agreed between the Parties that it was
an essential and integral term that a separate Non-Disclosure agreement would be
executed between the Parties;
NON-DISCLOSURE AGREEMENT
1. Interpretation
WHEREAS
b) ‘Affiliate’ shall mean, when referring to the Recipient and Discloser, any individual,
partnership, joint venture, company or any legal entity or person which:
(i) is directly or indirectly under the control of either Party, or;
(ii) is directly or indirectly under common control with either Party, or
(iii) Ultimately controls either Party.
c) “Discloser” shall mean Simplicity Logistics, LLC a Limited Liability Company
incorporated under the Laws of State of Ohio and Arizona with its registered office at
including its successors and assigns;
d) “Recipient” shall mean and refer to the employee and independent contractor or in
whatever capacity provides his/her services to the discloser;
e) “Discloser’s business” shall mean and include amongst other things, the business of
Pressure Washing Company;
f) “Business Day” shall means a day that is not a weekend, public holiday, as the case may
be;
g) “Confidential Information” shall mean all intellectual and proprietary information
whether disclosed by Discloser to the Recipient, either directly or indirectly, in writing,
orally, by inspection of tangible objects (including without limitation documents,
conversation between parties whether it is on phone call or video call, prototypes, samples,
media, documentation, discs and code, copyrights, trademarks, patents, systems and
designs, whether registered or unregistered) owned and/or controlled by the Discloser and
all other information including personal information disclosed to the Recipient which
would reasonably be considered by the Discloser to be confidential, secret or proprietary,
including without limitation, any materials, brand name, technical and carriers/customer
contact information or know- how, software and its usage, source code, tariffs data, ideas,
concepts, business operations, products, processes, systems, trade secrets, policies,
business and marketing plans, financial and operational information, Revenues or margin
to customers and/or carriers and all other non-public information, material or data relating
to the current and/ or future business and operations of the discloser and analysis,
compilation, studies, summaries, extracts or other documentation prepared by the Discloser
and employees of the Discloser (and any of its related bodies corporate) and all copies,
notes and other records prepared by the Recipient based on or incorporating any of the
A. keep the Confidential Information absolutely secret and confidential and not directly
or indirectly reveal it to any third party;
B. put in place and maintain adequate security measures to protect the Confidential
Information from unauthorised access or use;
C. only use the Confidential Information for the purposes of his/her services in
accordance with this Agreement.
The Recipient agrees to at all times in perpetuity:
2. Secrecy
In the event if Recipient receives a summon or other validly issued administrative or judicial
process requiring the disclosure of Confidential Information of the Discloser, the Recipient
shall promptly notify the Discloser. The Recipient may disclose Confidential Information to
the extent such disclosure is required by law, rule, regulation or legal process; provided
however, that, to the extent practicable, the Recipient shall give prompt written notice of any
such request for such information to the Discloser, and agrees to co-operate with the
Discloser, at the reasonable Discloser’s expense, to the extent permissible and practicable, to
challenge the request or limit the scope there of, as the Discloser may reasonably deem
appropriate.
D. To take reasonable measures at its own expense to restrain its affiliates from
prohibited or unauthorized disclosure or use of the Confidential Information.
E. That Confidential Information at all times remain the property of the Discloser and
may not be copied or reproduced by the recipient without the Discloser prior written
consent.
F. only disclose the Confidential Information on a need-to-know basis with prior
consent of Disclosure.
G. The Recipient shall be responsible and liable for all of the persons who have access
to any part or whole of the Confidential Information pursuant to Clause 2(d) above
and ensure that they each must comply with the obligations set forth in this
Agreement; and wherever it is necessary to protect the confidentiality & secrecy or
in case of breach of terms of this agreement the disclosure may act accordingly or
sue before the court of law to the Recipient only or to all the persons who may have
access to the confidential information.
H. The Recipient shall indemnify the Discloser for all costs, expenses or damages that
Discloser incurs as a result of any violation of any provisions of this Agreement. This
Obligation shall include court, litigation expenses, and actual, reasonable attorney’s
fees. The Recipient acknowledges that as damages may not be a sufficient remedy
for any breach under this agreement, the Discloser in entitled to seek specific
performance or injunctive relief (as appropriate) as a remedy for any breach or
threatened breach, in addition to any other remedies at law or in equity.
I. The Recipient agrees that the conditions in this agreement and the Confidential
Information disclosed pursuant to this Agreement are of a special, unique, and
extraordinary character and that an impending or existing violation of any provision
of this Agreement would cause the Discloser irreparable injury for which it would
have no adequate remedy at law and further agrees that the Discloser shall be entitled
t bt i i di t l i j ti li f hibiti h i l ti i dditi t
3. If required by the law
Upon request by the Discloser, the Recipient will promptly (and in any event, within 1
Business Day) return to the Discloser (or permanently delete or destroy, as the Discloser
directs) all documents and other material containing or relating to the Confidential
Information, any and all copies or records of the Confidential Information in the Recipient's
possession or control (regardless of the manner in which the information is held or stored)
and shall not make or keep any copies or commit to memory of any part or whole the
Confidential Information. The Recipient shall certify to the Discloser in writing that it has
satisfied its obligations under this section.
For a period of Three (3) years after the end of the term of this Agreement, the Recipient
will not attempt to do business with, or otherwise solicit any customer/carries contacts found
or otherwise referred by Disclosure to Recipient for the purpose of circumventing, the result
of which shall be to prevent the Disclosure from realizing or recognizing a profit, fees, or
otherwise, without the specific written approval of the Disclosure. If such circumvention
shall
occur the Disclosure shall be entitled to 85% of profits generated due pursuant to this
A l i h i
The Recipient acknowledged that this Agreement does not transfer any interest in any
property including, but not limited to, any intellectual property rights of any nature
whatsoever in the Confidential Information.
The obligations of confidentiality set out in this Agreement will not apply to Confidential
Information:
A. the Recipient can prove that the disclosed information was in the public domain or
comes into the public domain otherwise than as a result of a breach of this Agreement
or any obligation of confidence owed by the Recipient; or
B. the Recipient can prove that the disclosed information was lawfully received by the
Recipient from a third party provided that such third party was not known by the
Recipient as being bound by a duty of confidentiality to the Discloser; or
C. which is required to be disclosed by law (provided the Recipient gives the Discloser
enough advance notice to enable it to lawfully object to the disclosure of the
Confidential Information) and the Recipient reveals only such part of the
Confidential Information that the Recipient is required to disclose; or disclosed with
the prior written consent of the Discloser
6. Intellectual Property Rights
5. Return of documentation
7. Non-Circumvention
4. Exceptions
That during the term of this agreement and for a period of Three (3) years following the
termination of this agreement and Recipient relationship with the Disclosure’s, Recipient
shall not, directly or indirectly, disclose to any person, firm or corporation the names or
addresses of any of the clients of the Disclosure’s or any other information pertaining to
them. Neither Recipient shall call on, solicit, take away, or attempt to call on customers
and carriers of the Disclosure on whom Recipient have called or with whom Recipient
became acquainted during the term of this agreement, as the direct or indirect result of
Recipient employment to the Disclosure.
The Recipient undertakes to the Discloser that he/she shall not engage or participate directly
or indirectly, whether as shareholder, director, partner, proprietor, member, agent, distributor,
employee or otherwise in whatever capacity, during the period of his/her employment in
whatever capacity with the Discloser and for a further period of 3 (Three) Year from the end
of Term or the termination hereof, as the case may be, engage, directly or indirectly, whether
as owner/partner/director or shareholder or in any other capacity including but not limited to
the employment as an Employee/Consultant/Advisor/Manager:
The Recipient During the term of this agreement, and for a period of Three (3) years
immediately thereafter, shall not engage in a business:-
a) In any business which, involves, relates to or competes with the Employer’s Business;
b) Establish, develop, carry on or assist in carrying on or be engaged, concerned, interested
or employed in any business enterprise or venture competing with the Employer’s
Business:
c) act as an advisor, consultant, trustee or agent for any third person who is engaged or
proposes to start any business which directly or indirectly relates to the Employer’s
business or promote, start, engage in or do any business that directly or indirectly relates
to the Employer’s Business;
a) That involves solicitation or acceptance (either on his own account) or as the agent of
any other person of the custom of any person in respect of the business of Disclosure’s
pursuant hereunder; or
b) That involves inducing, soliciting or endeavoring to encourage any person who is in
employment/engagement in any capacity of the Disclosure’s to leave the services or
employment of the Disclosure’s, as the case may be; or
c) SOLICITING CUSTOMERS AND CARRIERS DURING THE TERM & AFTER
EXPIRY OR TERMINATION OF AGREEMENT: -
8. Non- Solicitation
9. Non-Compete
If any of the provisions of this Agreement become invalid, illegal or unenforceable in any
respects under any applicable law, the validity, legality and enforceability of the remaining
provisions shall not in any way be affected or impaired. Where the provisions of such
applicable law may be waived, they are hereby waived by the Parties to the full extent
permitted so that this Agreement shall be deemed to be valid and binding and enforceable in
accordance with its terms. If any provision of this Agreement becomes invalid, the Parties
agree to substitute for such invalid provision a new provision, which serves the purpose of
the invalid provision to the extent possible.
If any legal action or other proceeding is brought for the enforcement of this Agreement by
the Discloser, or because of an alleged dispute, breach, default or misrepresentation in
connection with any of the provisions of this Agreement, the Discloser shall be entitled to
The Recipient represents and warrants that by entering into this Agreement, the Recipient is
not, and shall not be deemed to be, in default or breach of any of his duties or obligations to
any person.
d) Establish after the execution hereof at any future point of time any business or trade
under a name that is identical or similar to ‘Simplicity Logistics, LLC’ or which in any
way suggests any connection with ‘Simplicity Logistics, LLC’ without written consent
of the Discloser. For the purposes of clarification, it is agreed by the Parties that the
obligation, not to use a name which is identical or similar to ‘Simplicity Logistics, LLC’
shall not be limited to the term/period referred to in Section 9 above, in which case this
restraint will have effect for an indefinite period;
e) For the purpose of this Section, the expression “Competing with the Discloser’s
Business” or Competing Business” shall be deemed to include the following:-
i. setting up, promoting or investing in a business, venture, activity or company
which entails or proposes to compete against the business of the Discloser by
inter alia offering same or similar Service as are offered or proposed to be offered
by the Discloser and/or its Affiliate;
ii. entering into any agreement or arrangement, with any third party which results
or is likely to result in making available same or similar services as are offered
or proposed to be offered by the Discloser and/or its Affiliate;
iii. entering into any agreement with any third party for the transfer of business
knowledge or information to any third party so, as to offer the third party an
opportunity to compete with the Services and business of the Discloser by inter
alia offering same or similar Service as are offered or proposed to be offered by
12. Recovery of costs
10. Warranties
11. Invalidity
Recipient shall be under the liability to pay any compensation to the Discloser for the loss
arising purely as a result of such breach of this agreement, whether compensation for loss of
profits or goodwill, or otherwise.
recover attorneys’ fees and other costs incurred in that action or proceeding (and any
additional proceeding for the enforcement of a judgment) in addition to any other relief to
which it may be entitled.
Any Amendment of this Agreement shall be mutually agreed in writing and executed by or
on behalf of each of the Parties.
This Agreement will continue in full force and effect notwithstanding the return of the
Confidential Information.
A. Discloser’s failure or delay to exercise a power or right does not operate as a waiver of
that power or right;
B. The exercise of a power or right does not preclude;
C. Its future exercise; or the exercise of any other power or right.
18. Governing law, jurisdiction and arbitration
17. Waiver or variation
15. Survival of Obligations
13. Compensation
16. Amendment
14.1. A notice or other communication required or permitted to be given by one party to
another must be in writing and:
A. delivered personally.
B. sent by email or registered mail to the address of the addressee specified in this
Agreement.
14.2 A notice or other communication is taken to have been given (unless otherwise proved)
if mailed, on the third Business Day after posting; or
14.3 A party may change its address for service by giving notice of that change in writing to
the other parties.
14. Notices
This Agreement may be executed in any number of counterparts but will constitute one and
the same instrument and the date of the Agreement will be the date on which it is executed
by the last party.
Each party will from time to time do all things (including executing all documents) necessary
or desirable to give full effect to this Agreement.
In relation to the subject matter of this Agreement:
A. This Agreement shall be governed by and shall be construed in accordance with the laws
of State of Ohio and the courts of State of Ohio shall have the exclusive jurisdiction and
the parties hereto expressly consent, and submit themselves, to the exclusive jurisdiction
of the courts of that State, or at the absolute discretion of the Discloser any other courts
of competent jurisdiction. In the event any party should bring any action to enforce or
protect any of its rights under this Agreement, the prevailing party shall be entitled to
recover, in addition to its damages, its reasonable Lawyer's fees, costs and expenses
incurred in connection therewith, including any appeal or enforcement of any judgment
obtained in any such action or proceeding.
B. The Parties hereto agree that they shall use all reasonable efforts to resolve between
themselves any disputes, controversy or claim arising out of or relating to this Agreement
in an amicable manner within a maximum period of forty-five (45) days from the date
that written notice of the details of the issue in dispute, controversy or claim shall have
been given by one Party to the other.
C. In the event the efforts and discussions described in preceding subsection fail to resolve
the matter, such dispute, controversy or claim shall be settled by arbitration in accordance
with the rules of American Association of Arbitration and any statutory modification or
re-enactment thereof. It is further agreed that the place of arbitration shall be at State of
Ohio and the Single Arbitrator shall be appointed mutually by the Parties. The decision
of the arbitrator shall be final and binding upon the Parties
D. In case if the parties fail to appoint arbitrator mutually then either party may approach
h i i i f l f h i f h bi d h
B. this Agreement supersedes all oral and written communications by or on
behalf of any of the parties.
A. this Agreement is the whole agreement between the parties; and
21. Whole agreement
19. Further assurance
20. Counterparts
Where this Agreement gives any party a right or power to consent or approve in relation to
a matter under this Agreement, that party may withhold any consent or approval or give
consent or approval conditionally or unconditionally. The party seeking consent or approval
must comply with any conditions the other party imposes on its consent or approval.
The Recipient hereby agreed that it has had, or has had the opportunity to obtain independent
legal advice and confirms by the execution and delivery of this Agreement that it has done so
in connection with the entering into of this Agreement.
IN WITNESS WHEREOF, THE PARTIES HERETO HAVE EXECUTED THIS AGREEMENT IN
DUPLICATE BY AFFIXING THE SIGNATURE EITHER IN PERSON OR THROUGH ITS AUTHORISED
REPRESENTATIVES AS OF THE DATE HEREIN ABOVE MENTIONED.
Kevin W.
Managing Director
In entering into this Agreement, each party:
Simplicity Logistics, LLC
A. has not relied on any warranty or representation (whether oral or written) in relation to
the subject matter of this Agreement made by any person; and
B. has relied entirely on its own enquiries in relation to the subject matter of this Agreement.
C. This clause does not apply to warranties and representations that this Agreement
expressly sets out.
22. No reliance on warranties and representations
24. Consents and approvals
23. Independent advice
Signature: