Message-ID: <5188358.1075845049815.JavaMail.evans@thyme> Date: Fri, 11 Aug 2000 09:27:00 -0700 (PDT) From: mark.haedicke@enron.com To: mark.holsworth@enron.com Subject: Re: FYI - Non-competition Clause in IT Service Contracts Mime-Version: 1.0 Content-Type: text/plain; charset=us-ascii Content-Transfer-Encoding: 7bit X-From: Mark E Haedicke X-To: Mark Holsworth X-cc: X-bcc: X-Folder: \Mark_Haedicke_Oct2001\Notes Folders\Sent X-Origin: HAEDICKE-M X-FileName: mhaedic.nsf Mark: Let's start using this right away. Mark Haedicke Non-competition: Contractor covenants that it will not use for any reason the By accepting work under this Agreement, Contractor warrants that it will not perform any similar work for a competitor of Company. Contractor acknowledges its obligations under section 4 of this Agreement and, as such, shall not accept any work in which it might divulge any information, ideas, concepts, know-how or techniques learned or created during (collectively the "Information") while providing the work services performed for theCompany, including without limitation, when Contractor provides services to any company competing with the Company. Anytime Contractor provides substantially similar services to a company competing with the Company, it shall take all appropriate caution to protect the Information, use employees that did not provide services to the Company and Contractor shall provide written notice to the Company. Mark Holsworth@ENRON 08/11/2000 03:11 PM To: Michelle Cash/HOU/ECT@ECT cc: Mark E Haedicke/HOU/ECT@ECT Subject: Re: FYI - Non-competition Clause in IT Service Contracts Michelle please put this or similar language in the new agreement. ----- Forwarded by Mark Holsworth/Corp/Enron on 08/11/2000 03:09 PM ----- Mark Holsworth 08/08/2000 01:56 PM To: Mark E Haedicke/HOU/ECT@ECT, Andy Zipper/Corp/Enron@Enron cc: Subject: Re: FYI - Non-competition Clause in IT Service Contracts I am uncertain what your people want but here is a first try. "By accepting work under this Agreement, Contractor warrants that it will not perform any similar work for a competitor of Company. Contractor acknowledges its obligations under section 4 of this Agreement and, as such, shall not accept any work in which it might divulge any information, ideas, concepts, know-how or techniques learned or created during the work performed for company." Mark E Haedicke@ECT 08/07/2000 02:40 PM To: Mark Holsworth/Corp/Enron@ENRON cc: Subject: Re: FYI - Non-competition Clause in IT Service Contracts Please take this comment into account when you draft up some language. Thanks, Mark ----- Forwarded by Mark E Haedicke/HOU/ECT on 08/07/2000 02:39 PM ----- Andy Zipper@ENRON 08/04/2000 02:54 PM To: Mark E Haedicke/HOU/ECT@ECT cc: Subject: Re: FYI - Non-competition Clause in IT Service Contracts I agree completely. However, we probably need to develop language that defines an Enron competitor, as people will ask and we are considerably broader than we used to be.