- 9 - parties’ previous agreements. Mr. Hess, on the other hand, insisted that the covenant extend 8 years after the termination of Mr. Kucklick’s employment. With respect to the scope of the covenant, Mr. Kucklick originally wanted to be able to sell technical consulting services to rim, wheel, or ring manufacturers worldwide, other than direct competitors of HII. Mr. Kucklick also proposed that the covenant not to compete apply only to machinery, not machine tools, and only to the extent that HII was manufacturing such machinery as of the termination of Mr. Kucklick’s employment. In contrast, Mr. Hess insisted that Mr. Kucklick disclose in advance the nature and duration of his proposed consulting services and that HII retain the right to veto any such agreement. He also insisted on a much broader worldwide covenant not to compete covering all products manufactured or marketed by HII or any of its subsidiaries. The restrictions that Mr. Hess insisted upon were reflected in the redemption agreement. The employment agreement provided that Mr. Kucklick would work full time for HII for 3 years at a base salary of $135,000 per year. Mr. Kucklick would continue as president of HEI subject to HII’s discretion to reassign him. Mr. Kucklick retired from his employment with HII and its subsidiaries in 1998, after he completed the 3-year period specified in the employment agreement.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011