Exhibit 10.13
NON-SOLICITATION AND
CONFIDENTIALITY AGREEMENT
1.
Parties. This Non-Solicitation and Confidentiality
Agreement (the “Agreement”) is entered into by Pulaski
Financial Corp., its present and future subsidiaries, affiliates,
and assigns (collectively hereinafter “Employer”) and
________________ (hereinafter “Employee”). In
consideration of the granting of stock option awards to Employee
for shares of stock in Pulaski Financial by the Board of Directors
of Pulaski Financial, pursuant to the recommendation of the
Compensation Committee at its meeting on November 30, 2007,
and Employee’s employment or continued employment by the
Employer, access to some of Employer’s confidential
information, and other good and sufficient consideration, receipt
of which is hereby acknowledged, the Employee agrees to the terms
of this Agreement.
2.
Employee Acknowledgment. Employee acknowledges that
Employer’s relationships with its customers, employees and
other business associations are among Employer’s most
important assets, and that developing, maintaining and continuing
these relationships is one of Employer’s highest priorities.
Employee further understands that he or she will be relied upon to
develop and maintain the goodwill of these relationships on behalf
of the Employer throughout the course of the employment
relationship. Employee further acknowledges and agrees that the
restrictions in this Agreement are reasonable to protect
Employer’s rights under this Agreement and to safeguard the
Company’s confidential information and aforementioned
relationships.
3.
Non-Solicitation of Referral Sources and Customers of
Employer. During Employee’s employment with Employer
and, if Employee terminates his/her employment with Employer for
any reason, or if Employer terminates Employee’s employment
for cause, for a period of one (1) year after the date of such
termination (the “Termination Date”), Employee agrees
that he or she will not, directly or indirectly, by any means or
device whatsoever, for any person, business or entity in
competition with or providing the same services as Employer, call
upon, solicit, divert, or accept business from any customers of
Employer who were customers of Employer at any time during the one
year period preceding Employee’s Termination Date, and with
which Employee had contact during his or her employment with
Employer or about which Employee became aware during
Employee’s employment with Employer.
4.
Non-Solicitation of Employees. During
Employee’s employment with Employer and, if Employee
terminates his/her employment with Employer for any reason, or if
Employer terminates Employee’s employment for cause, for a
period of one (1) year after the Termination Date, Employee
will not, directly or indirectly, either for Employee or for any
other person, firm, employer or corporation: (1) call upon,
solicit, divert, or hire, or attempt to solicit, divert, or hire
any of the employees of Employer or (2) call upon, solicit,
divert, or hire or attempt to solicit, divert, or hire any former
employee of the Employer during the first six months after such
former employee’s termination of employment with
Employer.
5.
Return of Employer’s Records. Employee agrees
that upon termination of Employee’s employment, for any
reason whatsoever, Employee will
