Excerpt from Employment Agreement:
Dr. Kyle Harris and Doral Digestive Medical Clinic
Paragraph 14
The parties recognize that the duties to be rendered under the terms of this
Agreement by the Employee are special, unique and of an extraordinary character. The
Employee, in consideration of the compensation to be paid to him pursuant to the terms
of his employment with the Employer Corporation, expressly agrees to the following
restrictive covenant:
(A) The Employee agrees that for a period of three (3) years after the date of
termination of this Agreement, the Employee shall not, either separately, jointly, or in
association with others, establish, engage in, or become interested in any entity that
directly or indirectly competes with the business of the Employer Corporation. For
purposes of this paragraph, "the business of the Employer Corporation" is defined as
the general practice of gastroenterology, within a geographical area of a 5-mile radius of
any office or hospital used by or serviced by the Employer Corporation, or within a 20-
mile radius of Sweetwater, whichever is a larger area.
(B) The Employee agrees that a violation on his part of any covenant set forth in
this Paragraph 14 will cause such damage to the Employer Corporation as will be
irreparable. For that reason, the Employee further agrees that the Employer Corporation
shall be entitled, as a matter of right, to an injunction from any court of competent
jurisdiction, restraining any further violation of said covenants by the Employee, his
corporation, partners or agents. Such right to injunctive remedies shall be in addition to,
and cumulative with, any other rights and remedies the Employer Corporation may have
pursuant to this Agreement or law. In addition to injunctive relief and other rights and
remedies, the Employee agrees that he will pay to the Employer Corporation, to
indemnify the Employer Corporation for the Employee's breach of any covenant,
liquidated damages of twenty-five percent (25%) of the gross receipts received for
medical services provided by the Employee, or any employee, associate, partner, or
corporation of the Employee during the term of this Agreement and for a period of three
(3) years after the date of termination, for any reason, of this Agreement.