Common use of ACKNOWLEDGMENTS BY SHAREHOLDER Clause in Contracts

ACKNOWLEDGMENTS BY SHAREHOLDER. Shareholder understands, acknowledges and agrees that (a) Shareholder has occupied a position of trust and confidence with Mission and STPI prior to the date hereof and has become 2 familiar with the following, any and all of which constitute confidential information of the Surviving Corporations (collectively the "Confidential Information"): (i) any and all trade secrets concerning the business and affairs of the Companies, product specifications, data, know-how, formulae, compositions, processes, designs, sketches, photographs, graphs, drawings, samples, inventions and ideas, past, current and planned research and development, current and planned manufacturing and distribution methods and processes, acquisition opportunities, customer lists, current and anticipated customer requirements, price lists, market studies, business plans, computer software and programs (including object code and source code), computer software and database technologies, systems, structures and architectures (and related processes, formulae, compositions, improvements, devices, know-how, inventions, discoveries, concepts, ideas, designs, methods and information of the Companies and any other information, however documented, of the Companies that is a trade secret, (ii) any and all information concerning the business and affairs of the Companies (which includes historical financial statements, financial projections and budgets, historical and projected sales, capital spending budgets and plans, the names and backgrounds of key personnel, personnel training and techniques and materials), however documented, and (iii) any and all notes, analysis, compilations, studies, summaries, and other material prepared by or for the Companies containing or based, in whole or in part, on any information included in the foregoing; (b) the businesses of the Companies and Parent are national or regional in scope; (c) their products and services are marketed throughout the United States; (d) the Companies and Parent compete with other businesses that are or could be located in any part of the United States, and Parent is causing a merger with Mission and STPI in connection with its consolidation strategy which Parent has explained in detail to Shareholder; (e) Parent has required that Shareholder make the covenants set forth in Sections 3 and 4 of this Agreement as a condition to Parent's acquisition of Mission and STPI; (f) the provisions of Sections 3 and 4 of this Agreement are reasonable and do not impose a greater restraint on Shareholder than is necessary to protect the goodwill or other business interest of Parent and the Surviving Corporations; (g) Parent has a legitimate interest in protecting the confidentiality of its business secrets (including the Confidential Information); (h) the provisions set forth in Sections 3 and 4 are not oppressive to Shareholder nor injurious to the public; and (i) Parent would be irreparably damaged if Shareholder were to breach the covenants set forth in Sections 3 and 4 of this Agreement. None of the information relating solely to the former division of Mission d/b/a Mission Ice Equipment Company, which was sold to South Texas Equipment Distributors, Inc., shall be deemed Confidential Information.

ACKNOWLEDGMENTS BY SHAREHOLDER. Shareholder understands, acknowledges and agrees that (a) Shareholder has occupied a position of trust and confidence with Mission and STPI the Company prior to the date hereof and has become 2 familiar with the following, any and all of which constitute confidential information of the Surviving Corporations Company, (collectively the "Confidential Information"): (i) any and all trade secrets concerning the business and affairs of the CompaniesCompany, product specifications, data, know-how, formulae, compositions, processes, designs, sketches, photographs, graphs, drawings, samples, inventions and ideas, past, current and planned research and development, current and planned manufacturing and distribution methods and processes, acquisition opportunities, customer lists, current and anticipated customer requirements, price lists, market studies, business plans, computer software and programs (including object code and source code), computer software and database technologies, systems, structures and architectures (and related processes, formulae, compositions, improvements, devices, know-how, inventions, discoveries, concepts, ideas, designs, methods and information of the Companies Company and any other information, however documented, of the Companies Company that is a trade secret, ; (ii) any and all information concerning the business and affairs of the Companies Company (which includes historical financial statements, financial projections and budgets, historical and projected sales, capital spending budgets and plans, the names and backgrounds of key personnel, personnel training and techniques and materials), however documented, ; and (iii) any and all notes, analysis, compilations, studies, summaries, and other material prepared by or for the Companies Company containing or based, in whole or in part, on any information included in the foregoing; , (b) the businesses business of the Companies and Parent are Company is national or regional in scope; , (c) their its products and services are marketed throughout the United States; (d) the Companies and Parent Company compete with other businesses that are or could be located in any part of the United States, and Parent is causing a merger with Mission and STPI in connection with its consolidation strategy which Parent has explained in detail to Shareholder; (e) Parent Purchaser has required that Shareholder make the covenants set forth in Sections 3 and 4 of this Agreement as a condition to Parentthe Purchaser's acquisition purchase of Mission and STPIthe Shares owned by Shareholders; (f) the provisions of Sections 3 and 4 of this Agreement are reasonable and do not impose a greater restraint on Shareholder than is necessary to protect and preserve the goodwill or other business interest of Parent Company's business, and the Surviving Corporations; (g) Parent has a legitimate interest in protecting the confidentiality of its business secrets (including the Confidential Information); (h) the provisions set forth in Sections 3 and 4 are not oppressive to Shareholder nor injurious to the public; and (i) Parent Company would be irreparably damaged if Shareholder were to breach the covenants set forth in Sections 3 and 4 of this Agreement. None of the information relating solely to the former division of Mission d/b/a Mission Ice Equipment Company, which was sold to South Texas Equipment Distributors, Inc., shall be deemed Confidential Information.

ACKNOWLEDGMENTS BY SHAREHOLDER. Shareholder understands, acknowledges and agrees that (a) Shareholder has occupied a position of trust and confidence with Mission and STPI Southwestern prior to the date hereof hereof, Shareholder will occupy a position of trust and confidence with the Surviving Corporation, Shareholder has or will become 2 familiar with the following, any and all of which constitute confidential information of the Surviving Corporations Companies, (collectively the "Confidential Information"): (i) any and all trade secrets concerning the business and affairs of the Companies, product specifications, data, know-how, formulae, compositions, processes, designs, sketches, photographs, graphs, drawings, samples, inventions and ideas, past, current and planned research and development, current and planned manufacturing and distribution methods and processes, acquisition opportunities, customer lists, current and anticipated customer requirements, price lists, market studies, business plans, computer software and programs (including object code and source code), computer software and database technologies, systems, structures and 2 architectures (and related processes, formulae, compositions, improvements, devices, know-how, inventions, discoveries, concepts, ideas, designs, methods and information of the Companies and any other information, however documented, of the Companies that is a trade secret, (ii) any and all information concerning the business and affairs of the Companies (which includes historical financial statements, financial projections and budgets, historical and projected sales, capital spending budgets and plans, the names and backgrounds of key personnel, personnel training and techniques and materials), however documented, and (iii) any and all notes, analysis, compilations, studies, summaries, and other material prepared by or for the Companies containing or based, in whole or in part, on any information included in the foregoing; (b) the businesses business of the Companies and and Parent are national or regional in scope; (c) their products and services are marketed throughout the United States; (d) the Companies and Parent compete with other businesses that are or could be located in any part of the United States, and Parent is causing a merger with Mission and STPI Southwestern in connection with its consolidation strategy which Parent has explained in detail to Shareholder; (e) Parent has required that Shareholder make the covenants set forth in Sections 3 and 4 of this Agreement as a condition to Parent's acquisition of Mission and STPISouthwestern; (f) the provisions of Sections 3 and 4 of this Agreement are reasonable and do not impose a greater restraint on Shareholder than is necessary to protect the goodwill or other business interest of Parent and the Surviving CorporationsCompanies; (g) Parent has a legitimate interest in protecting the confidentiality of its business secrets (including the Confidential Information); (h) the provisions set forth in Sections 3 and 4 are not oppressive to Shareholder nor injurious to the public; and (i) Parent would be irreparably damaged if Shareholder were to breach the covenants set forth in Sections 3 and 4 of this Agreement. None of the information relating solely to the former division of Mission d/b/a Mission Ice Equipment Company, which was sold to South Texas Equipment Distributors, Inc., shall be deemed Confidential Information.

ACKNOWLEDGMENTS BY SHAREHOLDER. Shareholder understands, acknowledges and agrees that (a) Shareholder has occupied a position of trust and confidence with Mission and STPI the Company prior to the date hereof and has become 2 familiar with the following, any and all of which constitute confidential information of the Surviving Corporations Company (collectively the "Confidential Information"): (i) any and all trade secrets concerning the business and affairs of the CompaniesCompany, product specifications, data, know-how, formulae, compositions, processes, designs, sketches, photographs, graphs, drawings, samples, inventions samples and ideasinventions, past, current and planned research and development, current and planned manufacturing and distribution methods and processes, acquisition opportunities, customer lists, current and anticipated customer requirements, price lists, market studies, business plans, computer software and programs (including object code and source code), computer software and database technologies, systems, structures and architectures (and related processes, formulae, compositions, improvements, devices, know-how, inventions, discoveries, concepts, ideas, designs, methods and information information), of the Companies Company and any other information, however documented, of the Companies Company that is a trade secret, secret within the meaning of applicable state trade secret law or other applicable law; (ii) any and all information concerning the business and affairs of the Companies Company (which includes historical financial statements, financial projections and budgets, historical and projected sales, capital spending budgets and plans, the names and backgrounds of key personnel, personnel training and techniques and materials), however 84 documented, ; and (iii) any and all notes, analysis, compilations, studies, summaries, and other material prepared by or for the Companies Company containing or based, in whole or in part, on any information included in the foregoing; , (b) the businesses business of the Companies and Parent are Company is national or regional in scope; , (c) their its products and services are marketed throughout the United StatesStates and Canada; (d) the Companies and Parent compete Company competes with other businesses that are or could be located in any part of the United States, States and Parent is causing a merger with Mission and STPI in connection with its consolidation strategy which Parent has explained in detail to ShareholderCanada; (e) Parent Buyer has required that Shareholder make the covenants set forth in Sections 3 and 4 of this Agreement as a condition to Parent's acquisition the consummation of Mission and STPIthe transactions contemplated by the Merger Agreement; (f) the provisions of Sections 3 and 4 of this Agreement are reasonable and do not impose a greater restraint on Shareholder than is necessary to protect and preserve the goodwill or other business interest of Parent Company' business, and the Surviving Corporations; (g) Parent has a legitimate interest in protecting the confidentiality of its business secrets (including the Confidential Information); (h) the provisions set forth in Sections 3 and 4 are not oppressive to Shareholder nor injurious to the public; and (i) Parent Company would be irreparably damaged if Shareholder were to breach the covenants set forth in Sections 3 and 4 of this Agreement. None of the information relating solely to the former division of Mission d/b/a Mission Ice Equipment Company, which was sold to South Texas Equipment Distributors, Inc., shall be deemed Confidential Information.