9. RESTRAINT本契約限制
9.1 In order to protect the Confidential Information and Trade Secrets of the Agency and its successors-in-title and assigns in its business, the Artist irrevocably undertakes in favour of the Agency that they shall not:
9.1.1 at any time during the subsistence of this Agreement and during the Restraint Period; and
9.1.2 whether in their personal capacity, as proprietor, principal, member, agent, partner, representative, nominee, shareholders, director, manager, employee, consultant, adviser, financier, administrator, trustee or beneficiary of a trust and/or in any other like capacity, be directly or indirectly associated and/or concerned with, interested, employed and/or engaged by or in and/or interest himself in any firm, business, undertaking, company, close corporation or other association (“Any Concern”) which renders any Competing Services. 9.2 Without derogating from the obligations otherwise imposed on the Artist by clause 9.1, the Artist undertakes in favour of the Agency and its successors-in-title and assigns, that neither he/she, nor any Concern, during the subsistence of this Agreement and/or during the Restraint Period, will directly or indirectly, whether as proprietor, principal, member, agent, partner, representative, shareholder, director, manager, employee, consultant, nominee, joint venture party, adviser, financier, administrator, trustee or beneficiary of a trust and/or in any other like capacity, and whether for remuneration or not:-
9.2.1 for any cause whatsoever, become employed by or render Competing Services to other Agencies or any person or entity of whatsoever nature rendering any Competing Services; The Artist undertakes to pay a once-off founders fee of R3000.00 (THREE THOUSAND RAND) to the Agency should they breach clause 9 of the Agreement and leave before the completion of the minimum 24 months agreed upon by both parties.
10. BREACH OF CONTRACT 10.1 If either party to this agreement:
10.1.1 Breaches any material term of this Agreement and fails to remedy such breach within 7 (SEVEN) days after receipt of a written notice from the other party;
10.1.2 Commits any act of insolvency;
10.1.3 Endeavors to compromise generally with its creditors or does or causes anything to be done which may prejudice the other party’s rights hereunder or at all;
10.1.4 Allows any judgment against it to remain unsettled for more than 10 (TEN) days without taking immediate steps to have it rescinded and successfully prosecuting the application for rescission to its final end; or
10.1.5 Is liquidated, whether provisionally or finally or commences business rescue proceedings, the other party may, without prejudice to any other right which it may have against the defaulting party, cancel this agreement and claim damages for the remaining membership fees due and owing in terms of this Agreement
10.2 The party claiming breach shall be entitled to recover all legal costs incurred by it, including Attorney and Agency scale costs, as it is obliged to pay to its attorneys, from the defaulting party.
10.3 In the event that one party institutes legal action against the other party as a result of this agreement, the party instituting the legal action shall have the right, but shall not be obliged, to institute legal action in any Magistrates court having jurisdiction irrespective of the quantum of such claim and/or action.
