Non-Competition following Termination. Contractor acknowledges that BSRR has developed and will continue to develop strong relationships with clients. Contractor acknowledges that BSRR has developed and will continue to develop good will and a good reputation with the community. Contractor acknowledges and agrees that Contractor benefitted from BSRR’s relationships and that BSRR incurred and will incur financial obligations in establishing and maintaining BSRR’s consulting business. Accordingly, and in consideration of the mutual promises and covenants contained herein, Contractor agrees that, for a period of THREE YEARS following the termination of this Agreement, Contractor agrees not to, directly or indirectly, either as an employee, employer, consultant, agent, principal, partner, stockholder, corporate officer, director, or in any other individual or representative capacity, engage or participate in any business similar to that of BSRR located within the State of Texas without the express written consent of the BSRR. Contractor acknowledges and agrees that Contractor’s abilities and job skills are readily marketable and usable in every other state in the United States, and this covenant does not impose any undue hardship upon Contractor, and this covenant does not unreasonably restrict Contractor with respect to obtaining future gainful employment. Both BSRR and Contractor specifically acknowledge and agree that the restraint contained in this covenant related to time, geographical area, and scope of activity do not impose a greater restraint than is necessary to protect BSRR’s legitimate business interest.
Non-Competition following Termination. Following termination of employment for any reason other than in connection with a Change of Control, and while receiving any termination payments from SierraWest or its successor, Xxxx shall not provide service or assistance to or otherwise become associated with, either an employee, director, owner, consultant or other affiliate, any business within 125 miles of any SierraWest facility or subsidiary whose principal business activities compete with the principal business activities of SierraWest or any subsidiary. The requirement regarding non-competition shall be eliminated in the event that Xxxx'x employment is terminated either by SierraWest, or any successor, in connection with a Change of Control or by Xxxx'x resignation for Good Reason in connection with a Change of Control. In addition, for a period of two years from the date of termination Xxxx shall not, directly or indirectly, solicit, entice or encourage any then-current employees of SierraWest to terminate their employment with SierraWest or its Affiliates and accept employment with any company, partnership, corporation or other organization of which Xxxx is a partner, employee, stock holder, director, officer, consultant or otherwise is affiliated.
