Therefore, in this context as well, the existence of a list of customers is not enough, but it is necessary to examine whether such a list meets the parameters required for the formulation of a trade secret. Thus, it is necessary to examine whether in order to formulate the list of clients, an investment bonus and a "special effort" were required from the company (Anisfeld, p. 98, note 22 and the references therein; Civil Appeal 9046/96 Ben Baruch v. Tnuva - Cooperative Center for the Marketing of Agricultural Produce in Israel Ltd. et al., IsrSC 55, 625, 634 (2000).
00In our case, it is difficult to reconcile the existence of a secret list of customers, since these are activities that are relevant to local authorities and water corporations, and these are known and their number is fixed at any given moment. The Bonus Company also admitted in its summaries (in paragraph 93 of its summaries in the main lawsuit( that the market on the agenda is relatively small, in which the number of customers is predetermined.
Indeed, Ms. Levy, who testified on behalf of a bonus company, admitted in her interrogation that she did not see that there was a list of customers of one kind or another (p. 167, Q. 28-30), which was kept confidential.
88. And having known all this, let us look closer to the non-competition clause that is under examination.
The non-competition clause is not valid in the circumstances of the case
- The non-compete clause under consideration was set out in the second agreement, andfor the sake of convenience I will repeat its wording (paragraph 4 of Appendix 3 to Mr. Zaruk's affidavit in the main claim(:
Mr. Zaruk is aware of the potential and damage that may be caused to the bonus by Mr. Zaruk's involvement (or anyone on his behalf( and/or by a third party who will be provided with information by Mr. Zaruk in connection with Bonus's involvement in the matters under its care.
Mr. Zaruk undertakes not to deal with the matters that Bonus deals with for 36 months from the expiration of this Agreement and/or from the date decided by both Bonus and Mr. Zaruk, because they do not wish to cooperate between them.