III. CONFIDENTIALITY AND NON-COMPETE AGREEMENT
The following Non-Compete Agreement (the “Agreement”) shall apply to HDR Infotech Pvt. Ltd., 111 Bhanu Residency, Venkateswara Nagar, Hyderabad 500062 AP, India (hereinafter referred to as HDR) and ________________________, located at ___________________________________; hereinafter referred to as SUPPLIER with Federal ID: ___ _________________.
_________________________ with SSN:_________________ residing at ________________________
___________________ is on the H1B Visa held by the SUPPLIER or on OPT with EAC#:____ ____ ______ with expiry date __ ______ ___ and hereinafter referred to as CONSULTANT.
1. SUPPLIER and / or CONSULTANT are in search of assignments / projects / placement,
2. HDR is in the business of finding assignments/ projects / placement for CONSULTANTS.
3. SUPPLIER and/ or CONSULTANT approached HDR and appoints HDR to find assignments/ projects / placement for the CONSULTANT,
4. HDR agrees to market the resume of CONSULTANT,
5. SUPPLIER and / or CONSULTANT agrees, in consideration of HDR services, that for a period of one year from the date of this agreement, the CONSULTANT including CONSULTANT’s present, past and future H1B holder companies / sponsor, affiliates and associates will not solicit or accept business or accept employment from the client(s) introduced by HDR whether it be for compensation or not, or assist any person or entity to provide and/or offer to provide any services to the client(s) introduced by HDR, other than through HDR.
6. SUPPLIER and / or CONSULTANT agrees not to disclose to anyone any confidential information regarding the client(s) introduced by HDR, learned during discussions prior to and/or during the performance of services, without written permission, or, until such information becomes a matter of general knowledge.
7. When the client of HDR wishes to conduct an interview of the CONSULTANT, the SUPPLIER and / or CONSULTANT agrees to make himself / herself available for the interview and for the project, if confirmed within 24 hours.
8. SUPPLIER and / or CONSULTANT agrees, as and when CONSULTANT is not available for interview and placement by HDR to inform the same to HDR along with the name and address of the end client and the vendor, if any through whom the CONSULTANT is placed by email or in writing.
9. CONSULTANT has been short-listed by HDR, as suitable for HDR’s Customer (hereinafter referred as CLIENT) requirement. HDR, has assessed the opening presented by CLIENT and is presenting the CONSULTANT for submission to the CLIENT for a contract positions on any rate but to be shared by HDR and SUPPLIER and / or CONSULTANT at 20: 80 ratio.
10. SUPPLIER and / or CONSULTANT agree that the CONSULTANT will be introduced to the CLIENT through HDR , and shall therefore in this case represent HDR , and agree for one year (“Non-Compete Period”) from the date of such interview, or for one year (Non-Compete Period”) from the date of any continuing communications, negotiations or similar follow-up interviews, whichever is later, will not act as follows- (i) provide or attempt to provide (or advise others of this opportunity to provide), directly or indirectly, any services to the CLIENT or Client’s CLIENT; or (ii) retain or attempt to retain, directly or indirectly, for themselves or for another party, the services of another one of HDR, contractors or employees to which CONSULTANT has been introduced. (iii) that CONSULTANT will represent HDR, and not himself and / or the SUPPLIER (SUPPLIER is defined as either the company that employs CONSULTANT or the party to which CONSULTANT has been introduced to, if the case applies) with the CLIENT (iv) that the CONSULTANT will not take up a permanent position without the prior written approval from HDR.
11. HDR hereby agrees to pass on 80% of the billing amount received by HDR for the services of the CONSULTANT to SUPPLIER.
12. The CONSULTANT and / or SUPPLIER agree to pay the HDR all costs incurred, including reasonable attorney’s fees, as a result of the breach of this agreement.
HDR Infotech Pvt. Ltd SUPPLIER and / or CONSULTANT
Name: Rama Krishna Name:
Title: Senior Manager Title:
While Replying, Please Use Email: firstname.lastname@example.org
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