Exhibit 10.1
AGREEMENT TO PROTECT CONFIDENTIAL
INFORMATION,
INTELLECTUAL PROPERTY AND
BUSINESS RELATIONSHIPS
I RECOGNIZE that during my employment as a key
executive with Central Garden and Pet Company and/or any of its
wholly owned subsidiaries, successors and assigns(collectively
called “the Company”), I will have access to Company
Confidential Information as defined below and the Company’s
valuable competitive information and business
relationships.
I RECOGNIZE that my employment in certain
capacities with a competitor would involve the use or disclosure of
Company Confidential Information and/or competitive information and
business relationships of the Company.
THEREFORE, in consideration for the attached
Executive Employment Agreement and to prevent the use or disclosure
of Company Confidential Information, and to protect the valuable
competitive information and business relationships of the Company,
I agree to the following:
1. For
months after the termination of my employment with the Company
and/or any post-termination consulting agreement with the Company,
I will not directly or indirectly, in any capacity whatsoever
(other than as the holder of not more than one percent (1%) of
the total outstanding stock of a publicly held company),
(1) engage in or prepare to engage in developing, producing,
marketing, distributing or selling lawn, garden or pet related
products for the business entities listed on Exhibit 1 or their
successors (collectively called “Key Competitors”)
and/or (2) engage in or prepare to engage in developing,
producing, marketing, distributing or selling lawn, garden or pet
related products for any business entity if that activity in any
way involves the use or disclosure of Company Confidential
Information. I understand and agree that the
Key Competitors listed on Exhibit 1, which is incorporated herein
by reference, may be periodically updated by the Company providing
me with a written revision of Exhibit 1; however, in no case shall
the number of Key Competitors designated on Exhibit 1 be increased
to exceed
Key Competitors.
2. For
months after the termination of my employment with the Company
and/or any post-termination consulting agreement with the Company,
I will not render executive, managerial, market research, advice or
consulting services, either directly or indirectly, to any business
engaged in or about to be engaged in developing, producing,
marketing, distributing or selling lawn, garden or pet related
products in the geographic markets for which I acquired Company
Confidential Information about the Company’s customers or
strategies or for which I developed business relations on behalf of
the Company or for which I had responsibility while employed by the
Company. This paragraph shall apply in those jurisdictions
wher
