Common use of Covenant Against Competition Clause in Contracts

Covenant Against Competition. (a) The Executive shall not, during his employment with the Corporation, and (i) for two years following his termination of employment with the Corporation for any reason other than by the Corporation without Cause or by the Executive for Good Reason or (ii) during the Severance Period in the event the Executive is terminated by the Corporation without Cause or the Executive terminates his employment for Good Reason, directly or indirectly induce or attempt to influence any employee of the Corporation to terminate his employment with the Corporation and shall not engage in (as a principal, partner, director, officer, agent, employee, consultant or otherwise) or be financially interested in any business operating within the United States of America, which is involved in, business activities which are the same as, similar to or in competition with business activities carried on by the Corporation, or being definitely planned by the Corporation, at the time of the termination of the Executive's employment. However, nothing contained in this Section 7(a) shall prevent the Executive from holding for investment up to two percent (2%) of any class or equity securities of a company whose securities are traded on a national or foreign securities exchange. (b) Executive acknowledges that the restrictions contained in Section 6 and 7(a), in view of the nature of the business in which the Corporation is engaged, are reasonable and necessary in order to protect the legitimate interests of the Corporation, and that any violation thereof would result in irreparable injuries to the Corporation, and the Executive therefore acknowledges that, in the event of his violation of any of these restrictions, the Corporation shall be entitled to obtain from any court of competent jurisdiction preliminary and permanent injunctive relief as well as damages and an equitable accounting of all earnings, profits and other benefits arising from such a violation, which rights shall be cumulative and in addition to any other rights or remedies to which the Corporation may be entitled. (c) If the Executive violates any of the restrictions contained in the foregoing Section 7(a), the restrictive period shall be extended from the time of the commencement of any such violation until such time as such violation shall be cured by the Executive to the satisfaction of the Corporation.

Covenant Against Competition. (a) The Executive shall not, during his employment with the Corporation, and (i) for two years following his After termination of the Executive's employment with the Corporation for any reason other than by reason, the Corporation without Cause Executive shall not, for the greater of (i) two years from the Effective Date or (ii) in the event of a termination by the Executive for Good Reason or (ii) during the Severance Period in the event the Executive is terminated by the Corporation without Cause or Cause, the Executive terminates his employment for Good Reasonremainder of the Employment Period, directly or indirectly induce or attempt to influence any employee of the Corporation to terminate his employment with the Corporation and shall not engage in (as a principal, partner, director, officer, agent, employee, consultant or otherwise) or be financially interested in any business operating within the United States of America, which is involved in, in business activities which are the same as, similar to or in competition with business activities carried on by the Corporation, or being definitely planned by the Corporation, at the time of the termination of the Executive's employment. However, nothing contained in this Section 7(a8(a) shall prevent the Executive from holding for investment up to no more than two percent (2%) of any class or equity securities of a company whose securities are traded on a national or foreign securities exchange. (b) Executive acknowledges that the restrictions contained in Section 6 7 and 7(a8(a), in view of the nature of the business in which the Corporation is engaged, are reasonable and necessary in order to protect the legitimate interests of the Corporation, and that any violation thereof would result in irreparable injuries to the Corporation, and the Executive therefore acknowledges that, in the event of his violation of any of these restrictions, the Corporation shall be entitled to obtain from any court of competent jurisdiction preliminary and permanent injunctive relief as well as damages and an equitable accounting of all earnings, profits and other benefits arising from such a violation, which rights shall be cumulative and in addition to any other rights or remedies to which the Corporation may be entitled. (c) If the Executive violates any of the restrictions contained in the foregoing Section 7(a8(a), the restrictive period shall be extended from the time of the commencement of any such violation until such time as such violation shall be cured by the Executive to the satisfaction of the Corporation.

Covenant Against Competition. (a) a. The Executive Officer shall not, during his employment with the Corporation, Company and (i) for two years following his termination of employment with the Corporation for any reason other than by the Corporation without Cause or by the Executive for Good Reason or (ii) during the Severance Period in the event the Executive is terminated by the Corporation without Cause or the Executive terminates his employment for Good Reasonone year thereafter, directly or indirectly indirectly, induce or attempt to influence any employee of the Corporation Company to terminate his employment with the Corporation Company or hire or solicit for hire on behalf of another employer any person then employed or who had been employed by the Company during the immediately preceding six months. b. The Officer shall not, during his employment with the Company and shall not for one year thereafter, unless the Officer is terminated by the Company without Cause, directly or indirectly, engage in (as a principal, partner, director, officer, agent, employee, consultant or otherwise) or be financially interested in any business operating within the United States of America, which if (i) such business’ primary business is involved inthe retail and/or commercial sale of automotive parts, business activities which are accessories, tires and/or repair/maintenance services including, without limitation, the same as, similar to or in competition with business activities carried entities (including their franchisees and affiliates) listed on by the CorporationSchedule 2(b) hereto, or being definitely planned by (ii) the Corporationretail and/or commercial sale of automotive parts, at accessories, tires and/or repair/maintenance services is the time primary focus of the termination of the Executive's employmentsuch engagement or financial interest. However, nothing contained in this Section 7(a) 2b shall prevent the Executive Officer from holding for investment up to two percent (2%) of any class or equity securities of a company whose securities are traded on a national or foreign securities exchange. (b) Executive c. Officer acknowledges that the restrictions contained in this Section 6 and 7(a)2, in view of the nature of the business in which the Corporation Company is engaged, are reasonable and necessary in order to protect the legitimate interests of the CorporationCompany, and that any violation thereof would result in irreparable injuries to the CorporationCompany, and the Executive Officer therefore acknowledges that, in the event of his violation of any of these restrictions, the Corporation Company shall be entitled to obtain from any court of competent jurisdiction preliminary and permanent injunctive relief (without the posting of any bond) as well as damages and an equitable accounting of all earnings, profits and other benefits arising from such a violation, which rights shall be cumulative and in addition to any other rights or remedies to which the Corporation Company may be entitled. (c) d. If the Executive Officer violates any of the restrictions contained in the foregoing this Section 7(a)2, the restrictive period shall be extended from the time of the commencement of any such violation until such time as such violation shall be cured by the Executive Officer to the satisfaction of the CorporationCompany. e. The invalidity or unenforceability of any provision or provisions of this Section 2 shall not affect the validity or enforceability of any other provision or provisions of this Section 2, which shall remain in full force and effect. If any provision of this Section 2 is held to be invalid, void or unenforceable in any jurisdiction, any court or arbitrator so holding shall substitute a valid, enforceable provision that preserves, to the maximum lawful extent, the terms and intent of this Agreement and shall correspondingly modify the Company’s obligations under Section 1. If any of the provisions of, or covenants contained in, this Section 2 are hereafter construed to be invalid or unenforceable in any jurisdiction, the same shall not affect the remainder of the provisions or the enforceability thereof in any other jurisdiction, which shall be given full effect, without regard to the invalidity or unenforceability in such other jurisdiction. Any such holding shall affect such provision of this Section 2, solely as to that jurisdiction, without rendering that or any other provisions of this Section 2 invalid, illegal, or unenforceable in any other jurisdiction. If any covenant contained in this Section 2 should be deemed invalid, illegal or unenforceable because its scope is considered excessive, such covenant will be modified so that the scope of the covenant is reduced only to the minimum extent necessary to render the modified covenant valid, legal and enforceable and a corresponding reduction in the scope of the Company’s obligations under Section 1 shall also be made.

Covenant Against Competition. (a) The Executive shall notIf, during his after the occurrence of a Change in Control, the Executive's employment with by the CorporationCorporation is terminated pursuant to Sections 7(d) or 7(e) hereof, and then for the greater of (i) for two years following his one year after the date of termination of employment with the Corporation for any reason other than by the Corporation without Cause or by the Executive for Good Reason or (ii) during the Severance Period in remainder of the event Employment Period, the Executive is terminated by the Corporation without Cause or the Executive terminates his employment for Good Reason, shall not directly or indirectly induce or attempt to influence any employee of the Corporation to terminate his employment with the Corporation and shall not engage in (as a principal, partner, director, officer, agent, employee, consultant or otherwise) or be financially interested in any business operating within the United States of America, which is involved in, in business activities which are substantially the same as, similar to or in competition with business activities carried on by the Corporation, or being definitely planned by the Corporation, at the time of the termination of the Executive's employment. However, nothing contained in this Section 7(a10(a) shall prevent the Executive from holding for investment up to no more than two percent (2%) of any class or equity securities of a company whose securities are traded on a national or foreign securities exchange. (b) Executive acknowledges that the restrictions contained in Section 6 Sections 9 and 7(a)10(a) hereof, in view of the nature of the business in which the Corporation is engaged, are reasonable and necessary in order to protect the legitimate interests of the Corporation, and that any violation thereof would result in irreparable injuries to the Corporation, and the Executive therefore acknowledges that, in the event of his violation of any of these restrictions, the Corporation shall be entitled to obtain from any court of competent jurisdiction preliminary and permanent injunctive relief as well as damages and an equitable accounting of all earnings, profits and other benefits arising from such a violation, which rights shall be cumulative and in addition to any other rights or remedies to which the Corporation may be entitled. (c) If the Executive violates any of the restrictions contained in the foregoing Section 7(a10(a), the restrictive period during which the restrictions contained in Section 10(a) shall remain in effect shall be extended from tolled as of the time of the commencement of any such violation violation, and shall not begin to run again until such time as such violation shall be cured by the Executive to the satisfaction of the Corporation. (d) Executive acknowledges and agrees that the covenants and other provisions set forth in Sections 10(a), 10(b) and 10(c) hereof are reasonable and valid in geographical and temporal scope and in all other respects. If any of such covenants or other provisions are found to be invalid or unenforceable by a final determination of a court of competent jurisdiction, then (I) the remaining covenants and other provisions set forth in Sections 10(a), 10(b) and 10(c) shall be unimpaired, and (ii) the invalid or unenforceable covenant or provision shall be deemed replaced by a covenant or provision that is valid or enforceable and that comes closest to expressing the intention of the covenant or provision found to be invalid or unenforceable.

Covenant Against Competition. (a) The Executive shall notIf, during his after the occurrence of a Change of Control, the Executive’s employment with by the CorporationCorporation is terminated for any reason, and (i) then for two years following his termination after the date of employment with the Corporation for any reason other than by the Corporation without Cause or by termination, the Executive for Good Reason or (ii) during the Severance Period in the event the Executive is terminated by the Corporation without Cause or the Executive terminates his employment for Good Reason, shall not directly or indirectly induce or attempt to influence any employee of the Corporation to terminate his employment with the Corporation and shall not engage in (as a principal, partner, director, officer, agent, employee, consultant or otherwise) or be financially interested in any business operating within the United States of America, which is involved in, in business activities which are substantially the same as, similar to or in competition with business activities carried on by the Corporation, or being definitely planned by the Corporation, at the time of the termination of the Executive's ’s employment. However, nothing contained in this Section 7(a6(a) shall prevent the Executive from holding for investment up to no more than two percent (2%) of any class or equity securities of a company whose securities are traded on a national securities exchange or foreign securities exchangetrading system. (b) Executive acknowledges that the restrictions contained in Section 6 Sections 5 and 7(a)6(a) hereof, in view of the nature of the business in which the Corporation is engaged, are reasonable and necessary in order to protect the legitimate interests of the Corporation, and that any violation thereof would result in irreparable injuries to the Corporation, and the Executive therefore acknowledges that, in the event of his violation of any of these restrictions, the Corporation shall be entitled to obtain from any court of competent jurisdiction preliminary and permanent injunctive relief as well as damages and an equitable accounting of all earnings, profits and other benefits arising from such a violation, which rights shall be cumulative and in addition to any other rights or remedies to which the Corporation may be entitled. (c) If the Executive violates any of the restrictions contained in the foregoing Section 7(a6(a), the restrictive period during which the restrictions contained in Section 6(a) shall remain in effect shall be extended from tolled as of the time of the commencement of any such violation violation, and shall not begin to run again until such time as such violation shall be cured by the Executive to the satisfaction of the Corporation. (d) Executive acknowledges and agrees that the covenants and other provisions set forth in Sections 6(a), 6(b) and 6(c) hereof are reasonable and valid in geographical and temporal scope and in all other respects. If any of such covenants or other provisions are found to be invalid or unenforceable by a final determination of a court of competent jurisdiction, then (I) the remaining covenants and other provisions set forth in Sections 6(a), 6(b) and 6(c) shall be unimpaired, and (ii) the invalid or unenforceable covenant or provision shall be deemed replaced by a covenant or provision that is valid or enforceable and that comes closest to expressing the intention of the covenant or provision found to be invalid or unenforceable.

Covenant Against Competition. (a) a. The Executive Officer shall not, during his employment with the Corporation, Company and (i) for two years following his termination of employment with the Corporation for any reason other than by the Corporation without Cause or by the Executive for Good Reason or (ii) during the Severance Period in the event the Executive is terminated by the Corporation without Cause or the Executive terminates his employment for Good Reasonone year thereafter, directly or indirectly indirectly, induce or attempt to influence any employee of the Corporation Company to terminate his employment with the Corporation Company or hire or solicit for hire on behalf of another employer any person then employed or who had been employed by the Company during the immediately preceding six months. b. The Officer shall not, during his employment with the Company and shall not for one year thereafter, unless the Officer is terminated by the Company without Cause, directly or indirectly, engage in (as a principal, partner, director, officer, agent, employee, consultant or otherwise) or be financially interested in any business operating within the United States of America, which if (i) such business’ primary business is involved inthe retail and/or commercial sale of automotive parts, business activities which are accessories, tires and/or automotive repair/maintenance services including, without limitation, the same as, similar to or in competition with business activities carried entities (including their franchisees and affiliates) listed on by the CorporationSchedule 2(b)(i) hereto, or being definitely planned by (ii) such business is a general retailer which generates revenues from the Corporationretail and/or commercial sale of automotive parts, at accessories, tires and/or automotive repair/maintenance services in an aggregate amount in excess of $1 billion, including, without limitation, the time of the termination of the Executive's employmententities (including their franchisees and affiliates) listed on Schedule 2(b)(ii) hereto. However, nothing contained in this Section 7(a) 2b shall prevent the Executive Officer from holding for investment up to two percent (2%) of any class or of equity securities of a company whose securities are traded on a national or foreign securities exchange. (b) Executive c. Officer acknowledges that the restrictions contained in this Section 6 and 7(a)2, in view of the nature of the business in which the Corporation Company is engaged, are reasonable and necessary in order to protect the legitimate interests of the CorporationCompany, and that any violation thereof would result in irreparable injuries to the CorporationCompany, and the Executive Officer therefore acknowledges that, in the event of his violation of any of these restrictions, the Corporation Company shall be entitled to obtain from any court of competent jurisdiction preliminary and permanent injunctive relief (without the posting of any bond) as well as damages and an equitable accounting of all earnings, profits and other benefits arising from such a violation, which rights shall be cumulative and in addition to any other rights or remedies to which the Corporation Company may be entitled. (c) d. If the Executive Officer violates any of the restrictions contained in the foregoing this Section 7(a)2, the restrictive period shall be extended from the time of the commencement of any such violation until such time as such violation shall be cured by the Executive Officer to the satisfaction of the CorporationCompany. e. The invalidity or unenforceability of any provision or provisions of this Section 2 shall not affect the validity or enforceability of any other provision or provisions of this Section 2, which shall remain in full force and effect. If any provision of this Section 2 is held to be invalid, void or unenforceable in any jurisdiction, any court or arbitrator so holding shall substitute a valid, enforceable provision that preserves, to the maximum lawful extent, the terms and intent of this Agreement and shall correspondingly modify the Company’s obligations under Section 1. If any of the provisions of, or covenants contained in, this Section 2 are hereafter construed to be invalid or unenforceable in any jurisdiction, the same shall not affect the remainder of the provisions or the enforceability thereof in any other jurisdiction, which shall be given full effect, without regard to the invalidity or unenforceability in such other jurisdiction. Any such holding shall affect such provision of this Section 2, solely as to that jurisdiction, without rendering that or any other provisions of this Section 2 invalid, illegal, or unenforceable in any other jurisdiction. If any covenant contained in this Section 2 should be deemed invalid, illegal or unenforceable because its scope is considered excessive, such covenant will be modified so that the scope of the covenant is reduced only to the minimum extent necessary to render the modified covenant valid, legal and enforceable and a corresponding reduction in the scope of the Company’s obligations under Section 1 shall also be made.

Covenant Against Competition. (a) a. The Executive Officer shall not, during his employment with the Corporation, Company and (i) for two years following his termination of employment with the Corporation for any reason other than by the Corporation without Cause or by the Executive for Good Reason or (ii) during the Severance Period in the event the Executive is terminated by the Corporation without Cause or the Executive terminates his employment for Good Reasoneighteen months thereafter, directly or indirectly indirectly, induce or attempt to influence any employee of the Corporation Company to terminate his employment with the Corporation Company or hire or solicit for hire on behalf of another employer any person then employed or who had been employed by the Company during the immediately preceding six months. b. The Officer shall not, during his employment with the Company and shall not for eighteen months thereafter, unless the Officer is terminated by the Company without Cause, directly or indirectly, engage in (as a principal, partner, director, officer, agent, employee, consultant or otherwise) or be financially interested in any business operating within the United States of America, which if (i) such business’ primary business is involved inthe retail and/or commercial sale of automotive parts, business activities which are accessories, tires and/or repair/maintenance services including, without limitation, the same as, similar to or in competition with business activities carried entities (including their franchisees and affiliates) listed on by the CorporationSchedule 2(b) hereto, or being definitely planned by (ii) the Corporationretail and/or commercial sale of automotive parts, at accessories, tires and/or repair/maintenance services is the time primary focus of the termination of the Executive's employmentsuch engagement or financial interest. However, nothing contained in this Section 7(a) 2b shall prevent the Executive Officer from holding for investment up to two percent (2%) of any class or equity securities of a company whose securities are traded on a national or foreign securities exchange. (b) Executive c. Officer acknowledges that the restrictions contained in this Section 6 and 7(a)2, in view of the nature of the business in which the Corporation Company is engaged, are reasonable and necessary in order to protect the legitimate interests of the CorporationCompany, and that any violation thereof would result in irreparable injuries to the CorporationCompany, and the Executive Officer therefore acknowledges that, in the event of his violation of any of these restrictions, the Corporation Company shall be entitled to obtain from any court of competent jurisdiction preliminary and permanent injunctive relief (without the posting of any bond) as well as damages and an equitable accounting of all earnings, profits and other benefits arising from such a violation, which rights shall be cumulative and in addition to any other rights or remedies to which the Corporation Company may be entitled. (c) d. If the Executive Officer violates any of the restrictions contained in the foregoing this Section 7(a)2, the restrictive period shall be extended from the time of the commencement of any such violation until such time as such violation shall be cured by the Executive Officer to the satisfaction of the CorporationCompany. e. The invalidity or unenforceability of any provision or provisions of this Section 2 shall not affect the validity or enforceability of any other provision or provisions of this Section 2, which shall remain in full force and effect. If any provision of this Section 2 is held to be invalid, void or unenforceable in any jurisdiction, any court or arbitrator so holding shall substitute a valid, enforceable provision that preserves, to the maximum lawful extent, the terms and intent of this Agreement and shall correspondingly modify the Company’s obligations under Section 1. If any of the provisions of, or covenants contained in, this Section 2 are hereafter construed to be invalid or unenforceable in any jurisdiction, the same shall not affect the remainder of the provisions or the enforceability thereof in any other jurisdiction, which shall be given full effect, without regard to the invalidity or unenforceability in such other jurisdiction. Any such holding shall affect such provision of this Section 2, solely as to that jurisdiction, without rendering that or any other provisions of this Section 2 invalid, illegal, or unenforceable in any other jurisdiction. If any covenant contained in this Section 2 should be deemed invalid, illegal or unenforceable because its scope is considered excessive, such covenant will be modified so that the scope of the covenant is reduced only to the minimum extent necessary to render the modified covenant valid, legal and enforceable and a corresponding reduction in the scope of the Company’s obligations under Section 1 shall also be made.

Covenant Against Competition. (a) a. The Executive Officer shall not, during his employment with the Corporation, Company and (i) for two years following his termination of employment with the Corporation for any reason other than by the Corporation without Cause or by the Executive for Good Reason or (ii) during the Severance Period in the event the Executive is terminated by the Corporation without Cause or the Executive terminates his employment for Good Reasoneighteen months thereafter, directly or indirectly indirectly, induce or attempt to influence any employee of the Corporation Company to terminate his employment with the Corporation Company or hire or solicit for hire on behalf of another employer any person then employed or who had been employed by the Company during the immediately preceding six months. b. The Officer shall not, during his employment with the Company and shall not for eighteen months thereafter, unless the Officer is terminated by the Company without Cause, directly or indirectly, engage in (as a principal, partner, director, officer, agent, employee, consultant or otherwise) or be financially interested in any business operating within the United States of America, which if (i) such business' primary business is involved inthe retail and/or commercial sale of automotive parts, business activities which are accessories, tires and/or repair/maintenance services including, without limitation, the same as, similar to or in competition with business activities carried entities (including their franchisees and affiliates) listed on by the CorporationSchedule 2(b) hereto, or being definitely planned by (ii) the Corporationretail and/or commercial sale of automotive parts, at accessories, tires and/or repair/maintenance services is the time primary focus of the termination of the Executive's employmentsuch engagement or financial interest. However, nothing contained in this Section 7(a) 2b shall prevent the Executive Officer from holding for investment up to two percent (2%) of any class or equity securities of a company whose securities are traded on a national or foreign securities exchange. (b) Executive c. Officer acknowledges that the restrictions contained in this Section 6 and 7(a)2, in view of the nature of the business in which the Corporation Company is engaged, are reasonable and necessary in order to protect the legitimate interests of the CorporationCompany, and that any violation thereof would result in irreparable injuries to the CorporationCompany, and the Executive Officer therefore acknowledges that, in the event of his violation of any of these restrictions, the Corporation Company shall be entitled to obtain from any court of competent jurisdiction preliminary and permanent injunctive relief (without the posting of any bond) as well as damages and an equitable accounting of all earnings, profits and other benefits arising from such a violation, which rights shall be cumulative and in addition to any other rights or remedies to which the Corporation Company may be entitled. (c) d. If the Executive Officer violates any of the restrictions contained in the foregoing this Section 7(a)2, the restrictive period shall be extended from the time of the commencement of any such violation until such time as such violation shall be cured by the Executive Officer to the satisfaction of the CorporationCompany. e. The invalidity or unenforceability of any provision or provisions of this Section 2 shall not affect the validity or enforceability of any other provision or provisions of this Section 2, which shall remain in full force and effect. If any provision of this Section 2 is held to be invalid, void or unenforceable in any jurisdiction, any court or arbitrator so holding shall substitute a valid, enforceable provision that preserves, to the maximum lawful extent, the terms and intent of this Agreement and shall correspondingly modify the Company's obligations under Section 1. If any of the provisions of, or covenants contained in, this Section 2 are hereafter construed to be invalid or unenforceable in any jurisdiction, the same shall not affect the remainder of the provisions or the enforceability thereof in any other jurisdiction, which shall be given full effect, without regard to the invalidity or unenforceability in such other jurisdiction. Any such holding shall affect such provision of this Section 2, solely as to that jurisdiction, without rendering that or any other provisions of this Section 2 invalid, illegal, or unenforceable in any other jurisdiction. If any covenant contained in this Section 2 should be deemed invalid, illegal or unenforceable because its scope is considered excessive, such covenant will be modified so that the scope of the covenant is reduced only to the minimum extent necessary to render the modified covenant valid, legal and enforceable and a corresponding reduction in the scope of the Company's obligations under Section 1 shall also be made.

Covenant Against Competition. (a) The Executive shall not, during his employment with the Corporation, Corporation and (i) for two years following his termination of employment with the Corporation for any reason other than by the Corporation without Cause or by the Executive for Good Reason or (ii) during the Severance Period in the event the Executive is terminated by the Corporation without Cause or the Executive terminates his employment for Good Reasonthereafter, directly or indirectly indirectly, induce or attempt to influence any employee of the Corporation to terminate his employment with the Corporation or hire or solicit for hire on behalf of another employer any person then employed or who had been employed by the Corporation during the immediately preceding six months. The Executive shall not, during his employment with the Corporation and shall not for two years thereafter, unless the Executive's employment is terminated by the Corporation without Cause or by the Executive with Good Reason, directly or indirectly, engage in (as a principal, partner, director, officer, agent, employee, consultant or otherwise) or be financially interested in any business operating within the United States of America, which if (i) such business' primary business is involved inthe retail and/or commercial sale of automotive parts, business activities which are accessories, tires and/or repair/maintenance services including, without limitation, the same as, similar to or in competition with business activities carried entities (including their franchisees and affiliates) listed on by the CorporationSchedule 7 hereto, or being definitely planned by (ii) the Corporationretail and/or commercial sale of automotive parts, at accessories, tires and/or repair/maintenance services is the time primary focus of the termination of the Executive's employmentsuch engagement or financial interest. However, nothing contained in this Section 7(a) 7 shall prevent the Executive from holding for investment up to two percent (2%) of any class or equity securities of a company whose securities are traded on a national or foreign securities exchange. (b) The Executive acknowledges that the restrictions contained in Section 6 and 7(a), in view of the nature of the business in which the Corporation is engaged, are reasonable and necessary in order to protect the legitimate interests of the Corporation, and that any violation thereof would result in irreparable injuries to the Corporation, and the Executive therefore acknowledges that, in the event of his violation of any of these restrictions, the Corporation shall be entitled to obtain from any court of competent jurisdiction preliminary and permanent injunctive relief as well as damages and an equitable accounting of all earnings, profits and other benefits arising from such a violation, which rights shall be cumulative and in addition to any other rights or remedies to which the Corporation may be entitled. (c) If the Executive violates any of the restrictions contained in the foregoing Section 7(a), the restrictive period shall be extended from the time of the commencement of any such violation until such time as such violation shall be cured by the Executive to the satisfaction of the Corporation. (d) The invalidity or unenforceability of any provision or provisions of this Section 7 shall not affect the validity or enforceability of any other provision or provisions of this Section 7, which shall remain in full force and effect. If any provision of this Section 7 is held to be invalid, void or unenforceable in any jurisdiction, any court or arbitrator so holding shall substitute a valid, enforceable provision that preserves, to the maximum lawful extent, the terms and intent of this Agreement and shall correspondingly modify the Company's obligations under Section 5(d). If any of the provisions of, or covenants contained in, this Section 7 are hereafter construed to be invalid or unenforceable in any jurisdiction, the same shall not affect the remainder of the provisions or the enforceability thereof in any other jurisdiction, which shall be given full effect, without regard to the invalidity or unenforceability in such other jurisdiction. If any such holding shall affect such provision of this Section 7, solely as to that jurisdiction, without rendering that or any other provisions of this Section 7 invalid, illegal, or unenforceable in any other jurisdiction. If any covenant contained in this Section 7 should be deemed invalid, illegal or unenforceable because its scope is considered excessive, such covenant will be modified so that the scope of the covenant is reduced only to the minimum extent necessary to render the modified covenant valid, legal and enforceable and a corresponding reduction in the scope of the Company's obligations under Section 5(d) shall also be made.