Common use of Additional Protection of Confidential Information Clause in Contracts

Additional Protection of Confidential Information. For and in consideration of the benefits set forth in this Agreement as well as for the benefits provided by the Company in the Restricted Stock Award Agreement granted on the Effective Date (“Restricted Stock Award Agreement”), the Company and Executive agree to the non-competition provisions of this Section 7. Further, the Executive agrees that due to the Executive’s knowledge of the Confidential Information, the Executive would inevitably use and/or disclose that information, in breach of the Executive’s confidentiality and non-disclosure obligations under this Agreement, if the Executive worked in certain capacities or engaged in certain activities for a period of time following the termination of the Executive’s employment relationship with the Company, specifically in the position which involved either (i) responsibility and decision-making authority or input at the executive level regarding any subject, (ii) responsibility or decision-making authority or input at any management level in the Executive’s individual area of assignment with the Company, or (iii) responsibility or decision-making authority or input that otherwise allows for the use of the Confidential Information for the benefit of any person (including the Executive) or entity that competes with the Company. Therefore, for two (2) years following the termination of Executive’s employment with the Company for any reason, the Executive agrees not to be employed by, consult for or otherwise act on behalf of any person or entity (without regard to geographic location) for a business that competes with the Company. For purposes of the foregoing, a business shall be deemed to compete with the Company if such business (a) operates apparel stores in small markets (populations of less than 25,000) and (b) operates a significant number of its apparel stores (75% or more of its total apparel stores) in 10,000 to 30,000 square foot formats. In addition, the Executive and the Company expressly agree that regardless of the requirements set forth in 7.1(a) and (b), the following entities (including their respective parents, subsidiaries, affiliates and divisions) compete with the Company and are subject to the provisions of this Section 7: Macy’s, Inc., Xxxx’x Corporation, Ulta Salon, Cosmetics & Fragrance, Inc., Xxxx, Inc., X.X. Xxxxxx Company, Inc., Gordmans Stores, Inc., Dillards, Inc., The Bon-Ton Stores, Inc., Xxxxx’x, Inc., Xxxxx Mart, Inc., The TJX Companies, Inc., Xxxx Stores, Inc., Ascena Retail Group, Inc., The Cato Corporation, Hibbett Sports Inc., Academy, Ltd., Francesca’s Holdings Corporation, Charming Charlie LLC, DSW Inc., and Big Lots, Inc. The Executive acknowledges that this commitment is intended to protect the Confidential Information and is not intended to be applied or interpreted as a covenant against competition.

Additional Protection of Confidential Information. For and in consideration of the benefits set forth in this Agreement as well as for the benefits provided by the Company in the Restricted Stock Award Agreement granted on the Effective Date (“Restricted Stock Award Agreement”), the Company and Executive agree to the non-competition provisions of this Section 7. Further, the Executive agrees that due to the Executive’s knowledge of the Confidential Information, the Executive would inevitably use and/or disclose that information, in breach of the Executive’s confidentiality and non-disclosure obligations under this Agreement, if the Executive worked in certain capacities or engaged in certain activities for a period of time following the termination of the Executive’s employment relationship with the Company, specifically in the position which involved either (i) responsibility and decision-making authority or input at the executive level regarding any subject, or (ii) responsibility or decision-making authority or input at any management level in the Executive’s individual area of assignment with the Company, or (iii) responsibility or decision-making authority or input that otherwise allows for the use of the Confidential Information for the benefit of any person (including the Executive) or entity that competes with the Company. Therefore, for two (2) years following the termination of Executive’s employment with the Company for any reason, the Executive agrees not to be employed by, consult for or otherwise act on behalf of any person or entity (without regard to geographic location) for a business that competes with the Company. For purposes of the foregoing, a business shall be deemed to compete with the Company if such business (a) operates apparel stores in small markets (populations of less than 25,000) and (b) operates a significant number of its apparel stores (75% or more of its total apparel stores) in 10,000 to 30,000 square foot formats. In addition, the Executive and the Company expressly agree that regardless of the requirements set forth in 7.1(a) and (b), the following entities (including their respective parents, subsidiaries, affiliates and divisions) compete with the Company and are subject to the provisions of this Section 7: Macy’s, Inc., Xxxx’x Corporation, Ulta Salon, Cosmetics & Fragrance, Inc., Xxxx, Inc., X.X. X. X. Xxxxxx Company, Inc., Gordmans Stores, Inc., Dillards, Inc., The Bon-Ton Stores, Inc., Xxxxx’x, Inc., Xxxxx Mart, Inc., The TJX Companies, Company Inc., Xxxx Stores, Inc., Ascena Retail GroupGroup (including all divisions), Cato Corp., Bon Ton Stores Inc., The Cato CorporationXxxxx Mart Inc., Xxxxx’x Inc. and Hibbett Sports Inc., Academy, Ltd., Francesca’s Holdings Corporation, Charming Charlie LLC, DSW Inc., and Big Lots, Inc. The Executive acknowledges that this commitment is intended to protect the Confidential Information and is not intended to be applied or interpreted as a covenant against competition.

Additional Protection of Confidential Information. For and in consideration of the benefits set forth in this Agreement as well as for the benefits provided by the Company in the Restricted Stock Award Agreement granted on the Effective Date (“Restricted Stock Award Agreement”), the Company and Executive agree to the non-competition provisions of this Section 7. Further, the Executive agrees that due to the Executive’s knowledge of the Confidential Information, the Executive would inevitably use and/or disclose that information, in breach of the Executive’s confidentiality and non-disclosure obligations under this Agreement, if the Executive worked in certain capacities or engaged in certain activities for a period of time following the termination of the Executive’s employment relationship with the Company, specifically in the position which involved either (i) responsibility and decision-making authority or input at the executive level regarding any subject, (ii) responsibility or decision-making authority or input at any management level in the Executive’s individual area of assignment with the Company, or (iii) responsibility or decision-making authority or input that otherwise allows for the use of the Confidential Information for the benefit of any person (including the Executive) or entity that competes with the Company. Therefore, for two (2) years following the termination of Executive’s employment with the Company for any reason, the Executive agrees not to be employed by, consult for or otherwise act on behalf of any person or entity (without regard to geographic location) for a business that competes with the Company. For purposes of the foregoing, a business shall be deemed to compete with the Company if such business (a) operates apparel stores in small markets (populations of less than 25,000) and (b) operates a significant number of its apparel stores (75% or more of its total apparel stores) in 10,000 to 30,000 square foot formats. In addition, the Executive and the Company expressly agree that regardless of the requirements set forth in 7.1(a) and (b), the following entities (including their respective parents, subsidiaries, affiliates and divisions) compete with the Company and are subject to the provisions of this Section 7: Macy’s, Inc., Xxxx’x Corporation, Ulta Salon, Cosmetics & Fragrance, Inc., Xxxx, Inc., X.X. Xxxxxx Company, Inc., Gordmans Stores, Inc., Dillards, Inc., The Bon-Ton Stores, Inc., Xxxxx’x, Inc., Xxxxx Mart, Inc., The TJX Companies, Inc., Xxxx Stores, Inc., Ascena Retail Group, Inc., The Cato Corporation, Hibbett Sports Inc., Academy, Ltd., Francesca’s Holdings Corporation, and Charming Charlie LLC, DSW Inc., and Big Lots, Inc. . The Executive acknowledges that this commitment is intended to protect the Confidential Information and is not intended to be applied or interpreted as a covenant against competition.

Additional Protection of Confidential Information. For and in consideration of the benefits set forth in this Agreement as well as for the benefits provided by the Company in the Restricted Stock Award Agreement granted on the Effective Date (“Restricted Stock Award Agreement”), the Company and Executive agree to the non-competition provisions of this Section 7. Further, the Executive agrees that due to the Executive’s knowledge of the Confidential Information, the Executive would inevitably use and/or disclose that information, in breach of the Executive’s confidentiality and non-disclosure obligations under this Agreement, if the Executive worked in certain capacities or engaged in certain activities for a period of time following the termination of the Executive’s employment relationship with the Company, specifically in the position which involved either (i) responsibility and decision-making authority or input at the executive level regarding any subject, (ii) responsibility or decision-making authority or input at any management level in the Executive’s individual area of assignment with the Company, or (iii) responsibility or decision-making authority or input that otherwise allows for the use of the Confidential Information for the benefit of any person (including the Executive) or entity that competes with the Company. Therefore, for two (2) years following the termination of Executive’s employment with the Company for any reason, the Executive agrees not to be employed by, consult for or otherwise act on behalf of any person or entity (without regard to geographic location) for a business that competes with the Company. For purposes of the foregoing, a business shall be deemed to compete with the Company if such business (a) operates apparel stores in small markets (populations of less than 25,000) and (b) operates a significant number of its apparel stores (75% or more of its total apparel stores) in 10,000 to 30,000 square foot formats. In addition, the Executive and the Company expressly agree that regardless of the requirements set forth in 7.1(a) and (b), the following entities (including their respective parents, subsidiaries, affiliates and divisions) compete with the Company and are subject to the provisions of this Section 7: Macy’s, Inc., Xxxx’x Corporation, Ulta Salon, Cosmetics & Fragrance, Inc., Xxxx, Inc., X.X. Xxxxxx Company, Inc., Gordmans Stores, Inc., Dillards, Inc., The Bon-Ton Stores, Inc., Xxxxx’x, Inc., Xxxxx Mart, Inc., The TJX Companies, Inc., Xxxx Stores, Inc., Ascena Retail Group, Inc., The Cato Corporation, Hibbett Sports Inc., Academy, Ltd., Francesca’s Holdings Corporation, Charming Charlie LLC, DSW Inc., Xxxxxxx Xxxxxxxx, Inc., Xxxxxx Bay Company, Burlington Stores, Inc., and Big Lots, Inc. The Executive acknowledges that this commitment is intended to protect the Confidential Information and is not intended to be applied or interpreted as a covenant against competition.

Additional Protection of Confidential Information. For and in consideration of the benefits set forth in this Agreement as well as for in consideration of the benefits provided by Asset Purchase Agreement between the Company in and Health and Beyond LLC (the Restricted Stock Award Agreement granted on the Effective Date (“Restricted Stock Award Purchase Agreement”)) of which these restrictive covenants are integral part, the Company and Executive agree to the non-competition provisions of this Section 7. Further, the Executive agrees that due to the Executive’s knowledge of the Confidential Information, the Executive would inevitably use and/or disclose that information, in breach of the Executive’s confidentiality and non-disclosure obligations under this Agreement, if the Executive worked in certain capacities or engaged in certain activities for a period of time following the termination of the Executive’s employment relationship with the Company, specifically in the position which involved either (i) responsibility and decision-making authority or input at the executive level regarding any subject, or (ii) responsibility or decision-making authority or input at any management level in the Executive’s individual area of assignment with the Company, or (iii) responsibility or decision-making authority or input that otherwise allows for the use of the Confidential Information for the benefit of any person (including the Executive) or entity that competes with the Company. Therefore, for two (2) years following if the termination of Executive’s employment with Executive is terminated by the Company for any reasonpursuant to Section 4.2 or if the Employee terminates this Agreement pursuant to Section 4.5, the Executive agrees not to be employed by, consult for or otherwise act on behalf of any person or entity (without regard to geographic location) for a business that competes with the Company, its parent corporation or the subsidiaries or affiliates thereof for a period of 36 months following such termination. For purposes of If the foregoing, a business shall be deemed to compete with Executive is terminated by the Company pursuant to Section 4.1 or 4.3 or if such business (a) operates apparel stores in small markets (populations of less than 25,000) and (b) operates a significant number of its apparel stores (75% or more of its total apparel stores) in 10,000 the Employee terminates this Agreement pursuant to 30,000 square foot formats. In additionSection 4.4, the Executive and the Company expressly agree agrees not to be employed by, consult for or otherwise act on behalf of any person or entity (without regard to geographic location) for a business that regardless of the requirements set forth in 7.1(a) and (b), the following entities (including their respective parents, subsidiaries, affiliates and divisions) compete competes with the Company and are subject to the provisions of this Section 7: Macy’s, Inc., Xxxx’x Corporation, Ulta Salon, Cosmetics & Fragrance, Inc., Xxxx, Inc., X.X. Xxxxxx Company, Inc., Gordmans Stores, Inc., Dillards, Inc., The Bon-Ton Stores, Inc., Xxxxx’x, Inc., Xxxxx Mart, Inc., The TJX Companies, Inc., Xxxx Stores, Inc., Ascena Retail Group, Inc., The Cato Corporation, Hibbett Sports Inc., Academy, Ltd., Francesca’s Holdings Corporation, Charming Charlie LLC, DSW Inc., and Big Lots, Inc. its parent corporation or the subsidiaries or affiliates thereof for a period of 18 months following such termination. The Executive acknowledges that this commitment is intended to protect the Confidential Information and is not intended to be applied or interpreted as a covenant against competitionprotect the Company’s goodwill and the goodwill of its parent corporation and the subsidiaries and affiliates thereof.

Additional Protection of Confidential Information. For and in consideration of the benefits set forth in this Agreement as well as for in consideration of the benefits provided by Asset Purchase Agreement between the Company in and Agel Enterprises, LLC (the Restricted Stock Award Agreement granted on the Effective Date (“Restricted Stock Award Purchase Agreement”)) of which these restrictive covenants are integral part, the Company and Executive agree to the non-competition provisions of this Section 7. Further, the Executive agrees that due to the Executive’s knowledge of the Confidential Information, the Executive would inevitably use and/or disclose that information, in breach of the Executive’s confidentiality and non-disclosure obligations under this Agreement, if the Executive worked in certain capacities or engaged in certain activities for a period of time following the termination of the Executive’s employment relationship with the Company, specifically in the position which involved either (i) responsibility and decision-making authority or input at the executive level regarding any subject, or (ii) responsibility or decision-making authority or input at any management level in the Executive’s individual area of assignment with the Company, or (iii) responsibility or decision-making authority or input that otherwise allows for the use of the Confidential Information for the benefit of any person (including the Executive) or entity that competes with the Company. Therefore, for two (2) years following if the termination of Executive’s employment with Executive is terminated by the Company for any reasonpursuant to Section 4.2 or if the Employee terminates this Agreement pursuant to Section 4.5, the Executive agrees not to be employed by, consult for or otherwise act on behalf of any person or entity (without regard to geographic location) for a business that competes with the Company, its parent corporation or the subsidiaries or affiliates thereof for a period of 36 months following such termination. For purposes of If the foregoing, a business shall be deemed to compete with Executive is terminated by the Company pursuant to Section 4.1 or 4.3 or if such business (a) operates apparel stores in small markets (populations of less than 25,000) and (b) operates a significant number of its apparel stores (75% or more of its total apparel stores) in 10,000 the Employee terminates this Agreement pursuant to 30,000 square foot formats. In additionSection 4.4, the Executive and the Company expressly agree agrees not to be employed by, consult for or otherwise act on behalf of any person or entity (without regard to geographic location) for a business that regardless of the requirements set forth in 7.1(a) and (b), the following entities (including their respective parents, subsidiaries, affiliates and divisions) compete competes with the Company and are subject to the provisions of this Section 7: Macy’s, Inc., Xxxx’x Corporation, Ulta Salon, Cosmetics & Fragrance, Inc., Xxxx, Inc., X.X. Xxxxxx Company, Inc., Gordmans Stores, Inc., Dillards, Inc., The Bon-Ton Stores, Inc., Xxxxx’x, Inc., Xxxxx Mart, Inc., The TJX Companies, Inc., Xxxx Stores, Inc., Ascena Retail Group, Inc., The Cato Corporation, Hibbett Sports Inc., Academy, Ltd., Francesca’s Holdings Corporation, Charming Charlie LLC, DSW Inc., and Big Lots, Inc. its parent corporation or the subsidiaries or affiliates thereof for a period of 18 months following such termination. The Executive acknowledges that this commitment is intended to protect the Confidential Information and is not intended to be applied or interpreted as a covenant against competitionprotect the Company’s goodwill and the goodwill of its parent corporation and the subsidiaries and affiliates thereof.

Additional Protection of Confidential Information. For and in consideration of the benefits set forth in this Agreement as well as for the benefits provided by the Company in the Restricted Stock Award Agreement granted on the Effective Date (“Restricted Stock Award Agreement”)dated April 19, the 2012, Company and Executive agree to the non-competition provisions of this Section 7. Further, the Executive agrees that due to the Executive’s knowledge of the Confidential Information, the Executive would inevitably use and/or disclose that information, in breach of the Executive’s confidentiality and non-disclosure obligations under this Agreement, if the Executive worked in certain capacities or engaged in certain activities for a period of time following the termination of the Executive’s employment relationship with the Company, specifically in the position which involved either (i) responsibility and decision-making authority or input at the executive level regarding any subject, or (ii) responsibility or decision-making authority or input at any management level in the Executive’s individual area of assignment with the Company, or (iii) responsibility or decision-making authority or input that otherwise allows for the use of the Confidential Information for the benefit of any person (including the Executive) or entity that competes with the Company. Therefore, for two (2) years following the termination of Executive’s employment with the Company for any reason, the Executive agrees not to be employed by, consult for or otherwise act on behalf of any person or entity (without regard to geographic location) for a business that competes with the Company. For purposes of the foregoing, a business shall be deemed to compete with the Company if such business (a) operates apparel stores in small markets (populations of less than 25,000) and (b) operates a significant number of its apparel stores (75% or more of its total apparel stores) in 10,000 to 30,000 square foot formats. In addition, the Executive and the Company expressly agree that regardless of the requirements set forth in 7.1(a) and (b), the following entities (including their respective parents, subsidiaries, affiliates and divisions) compete with the Company and are subject to the provisions of this Section 7: Macy’s, Inc., Xxxx’x Corporation, Ulta Salon, Cosmetics & Fragrance, Inc., Xxxx, Inc., X.X. X. X. Xxxxxx Company, Inc., Gordmans Stores, Inc., Dillards, Inc., The Bon-Ton Stores, Inc., Xxxxx’x, Inc., Xxxxx Mart, Inc., The TJX Companies, Company Inc., Xxxx Stores, Inc., Ascena Retail GroupGroup (including all divisions), Cato Corp., Bon Ton Stores Inc., The Cato CorporationXxxxx Mart Inc., Xxxxx’x Inc. and Hibbett Sports Inc., Academy, Ltd., Francesca’s Holdings Corporation, Charming Charlie LLC, DSW Inc., and Big Lots, Inc. The Executive acknowledges that this commitment is intended to protect the Confidential Information and is not intended to be applied or interpreted as a covenant against competition.

Additional Protection of Confidential Information. For and in consideration of the benefits set forth in this Agreement as well as for the benefits provided by the Company in the Restricted Stock Award Agreement granted on the Effective Date (“Restricted Stock Award Agreement”)dated April 19, the 2012, Company and Executive agree to the non-competition provisions of this Section 7. Further, the Executive agrees that due to the Executive’s 's knowledge of the Confidential Information, the Executive would inevitably use and/or disclose that information, in breach of the Executive’s 's confidentiality and non-disclosure obligations under this Agreement, if the Executive worked in certain capacities or engaged in certain activities for a period of time following the termination of the Executive’s 's employment relationship with the Company, specifically in the position which involved either (i) responsibility and decision-making authority or input at the executive level regarding any subject, or (ii) responsibility or decision-making authority or input at any management level in the Executive’s 's individual area of assignment with the Company, or (iii) responsibility or decision-making authority or input that otherwise allows for the use of the Confidential Information for the benefit of any person (including the Executive) or entity that competes with the Company. Therefore, for two (2) years following the termination of Executive’s 's employment with the Company for any reason, the Executive agrees not to be employed by, consult for or otherwise act on behalf of any person or entity (without regard to geographic location) for a business that competes with the Company. For purposes of the foregoing, a business shall be deemed to compete with the Company if such business (a) operates apparel stores in small markets (populations of less than 25,000) and (b) operates a significant number of its apparel stores (75% or more of its total apparel stores) in 10,000 to 30,000 square foot formats. In addition, the Executive and the Company expressly agree that regardless of the requirements set forth in 7.1(a) and (b), the following entities (including their respective parents, subsidiaries, affiliates and divisions) compete with the Company and are subject to the provisions of this Section 7: Macy’s, Inc., Xxxx’x Corporation, Ulta Salon, Cosmetics & Fragrance, Inc., Xxxx, Inc., X.X. X. X. Xxxxxx Company, Inc., Gordmans Stores, Inc., Dillards, Inc., The Bon-Ton Stores, Inc., Xxxxx’x, Inc., Xxxxx Mart, Inc., The TJX Companies, Company Inc., Xxxx Stores, Inc., Ascena Retail GroupGroup (including all divisions), Cato Corp., Bon Ton Stores Inc., The Cato CorporationXxxxx Mart Inc., Xxxxx'x Inc. and Hibbett Sports Inc., Academy, Ltd., Francesca’s Holdings Corporation, Charming Charlie LLC, DSW Inc., and Big Lots, Inc. The Executive acknowledges that this commitment is intended to protect the Confidential Information and is not intended to be applied or interpreted as a covenant against competition.

Additional Protection of Confidential Information. For and in consideration of the benefits set forth in this Agreement as well as for the benefits provided by the Company in the Restricted Stock Award Agreement granted on the Effective Date (“Restricted Stock Award Agreement”), the Company and Executive agree to the non-competition provisions of this Section 7. Further, the Executive agrees that due to the Executive’s knowledge of the Confidential Information, the Executive would inevitably use and/or disclose that information, in breach of the Executive’s confidentiality and non-disclosure obligations under this Agreement, if the Executive worked in certain capacities or engaged in certain activities for a period of time following the termination of the Executive’s employment relationship with the Company, specifically in the position which involved either (i) responsibility and decision-making authority or input at the executive level regarding any subject, (ii) responsibility or decision-making authority or input at any management level in the Executive’s individual area of assignment with the Company, or (iii) responsibility or decision-making authority or input that otherwise allows for the use of the Confidential Information for the benefit of any person (including the Executive) or entity that competes with the Company. Therefore, for two (2) years following the termination of Executive’s employment with the Company for any reason, the Executive agrees not to be employed by, consult for or otherwise act on behalf of any person or entity (without regard to geographic location) for a EXHIBIT 10.1 business that competes with the Company. For purposes of the foregoing, a business shall be deemed to compete with the Company if such business (a) operates apparel stores in small markets (populations of less than 25,000) and (b) operates a significant number of its apparel stores (75% or more of its total apparel stores) in 10,000 to 30,000 square foot formats. In addition, the Executive and the Company expressly agree that regardless of the requirements set forth in 7.1(a) and (b), the following entities (including their respective parents, subsidiaries, affiliates and divisions) compete with the Company and are subject to the provisions of this Section 7: Macy’s, Inc., Xxxx’x Corporation, Ulta Salon, Cosmetics & Fragrance, Inc., Xxxx, Inc., X.X. Xxxxxx Company, Inc., Gordmans Stores, Inc., Dillards, Inc., The Bon-Ton Stores, Inc., Xxxxx’x, Inc., Xxxxx Mart, Inc., The TJX Companies, Inc., Xxxx Stores, Inc., Ascena Retail Group, Inc., The Cato Corporation, Hibbett Sports Inc., Academy, Ltd., Francesca’s Holdings Corporation, and Charming Charlie LLC, DSW Inc., and Big Lots, Inc. . The Executive acknowledges that this commitment is intended to protect the Confidential Information and is not intended to be applied or interpreted as a covenant against competition.

Additional Protection of Confidential Information. For and in consideration of the benefits set forth in this Agreement as well as for the benefits provided by the Company in the Restricted Stock Award Agreement granted on the Effective Date (“Restricted Stock Award Agreement”)dated April 30, the 2012, Company and Executive agree to the non-competition provisions of this Section 7. Further, the Executive agrees that due to the Executive’s knowledge of the Confidential Information, the Executive would inevitably use and/or disclose that information, in breach of the Executive’s confidentiality and non-disclosure obligations under this Agreement, if the Executive worked in certain capacities or engaged in certain activities for a period of time following the termination of the Executive’s employment relationship with the Company, specifically in the position which involved either (i) responsibility and decision-making authority or input at the executive level regarding any subject, or (ii) responsibility or decision-making authority or input at any management level in the Executive’s individual area of assignment with the Company, or (iii) responsibility or decision-making authority or input that otherwise allows for the use of the Confidential Information for the benefit of any person (including the Executive) or entity that competes with the Company. Therefore, for two eighteen (218) years months following the termination of Executive’s employment with the Company for any reasonwhen such termination is a voluntary resignation By The Executive Without Good Reason, the Executive agrees not to be employed by, consult for or otherwise act on behalf of any person or entity (without regard to geographic location) for a business that competes with the Company. For purposes of the foregoing, a business shall be deemed to compete with the Company if such business (a) operates apparel stores in small markets (populations of less than 25,000) and (b) operates a significant number of its apparel stores (75% or more of its total apparel stores) in 10,000 to 30,000 square foot formats. In addition, the Executive and the Company expressly agree that regardless of the requirements set forth in 7.1(a) and (b), the following entities (including their respective parents, subsidiaries, affiliates and divisions) compete with the Company and are subject to the provisions of this Section 7: Macy’s, Inc., Xxxx’x Corporation, Ulta Salon, Cosmetics & Fragrance, Inc., Xxxx, Inc., X.X. X. X. Xxxxxx Company, Inc., Gordmans Stores, Inc., Dillards, Inc., The Bon-Ton Stores, Inc., Xxxxx’x, Inc., Xxxxx Mart, Inc., The TJX Companies, Company Inc., Xxxx Stores, Inc., Ascena Retail GroupGroup (including all divisions), Cato Corp., Bon Ton Stores Inc., The Cato CorporationXxxxx Mart Inc., Xxxxx’x Inc. and Hibbett Sports Inc.Inc. However, Academywhen such termination described above is By The Company Without Good Cause or By The Executive For Good Reason, Ltd., Francesca’s Holdings Corporation, Charming Charlie LLC, DSW Inc., only the following companies will be considered entities which compete with the Company and Big Lots, are subject to the provisions of this Section 7: Cato Corp. and Hibbett Sports Inc. The Executive acknowledges that this commitment is intended to protect the Confidential Information and is not intended to be applied or interpreted as a covenant against competition.