This excerpt taken from the GRMH 8-K filed Jan 29, 2008.
ApothecaryRx entered into the Employment Agreement with Aric Greenberg to manage the Rambo Pharmacy for an initial term of three months and continuing thereafter subject to 30 days prior notice of termination. Pursuant to this agreement, Mr. Greenberg is entitled to receive compensation at the bi-weekly rate of $4,615.38 for full-time work in the first month and the bi-weekly rate of $2,307.69 for half-time work in the second and third months.
Mr. Greenberg agreed not to disclose to any person other than ApothecaryRxs pharmacists or legal counsel or use for any purpose, other than the performance of his agreement, any information, data or material (regardless of form) which is (a) a trade secret, (b) provided, disclosed or delivered to him by ApothecaryRx, any officer, director, pharmacist, agent, attorney, accountant, consultant or other person or entity employed by ApothecaryRx in any capacity, any customer, borrower or business associate of ApothecaryRx or any public authority having jurisdiction over ApothecaryRx of any business activity conducted ApothecaryRx; or (c) produced, developed, obtained or prepared by or on behalf of Mr. Greenberg or ApothecaryRx with respect to ApothecaryRx or any assets, pharmacy business prospects, business activities, officers, directors, pharmacists, borrowers or customers of the foregoing.
During the year following his employment termination, Mr. Greenberg agreed, in connection with any aspect of a pharmacy business, as follows:
· Not to recruit, hire, assist others in recruiting or hiring, discuss employment with or refer to others for employment any person who at that time is or, during the 12 months prior to his termination, was an employee of ApothecaryRx or any of its affiliates; or
· Not to solicit the customers, acquisition prospects, suppliers, dealers, or independent salespersons of ApothecaryRx or any of its affiliates or induce or attempt to induce any such customer, acquisition prospect, supplier, dealer or independent salesperson to discontinue their relationship with ApothecaryRx or any its affiliates.
Any dispute or controversy arising out or relating to Mr. Greenbergs employment or employment termination that cannot be resolved by agreement will be submitted to binding arbitration before a single arbitrator in accordance with the Rules for Commercial Cases of the American Arbitration Association. The arbitrators judgment will be final and binding, subject solely to challenge on the grounds of fraud or gross misconduct. The arbitrator is not empowered to award total damages (including compensatory damages) that exceed 300% of compensatory damages, except in limited circumstances. The arbitration proceedings will be the sole and exclusive remedies and procedures for the resolution of disputes and controversies; however, a preliminary injunction or other provisional judicial relief may be sought if deemed reasonably necessary to avoid irreparable damage or to preserve the status quo pending arbitration.