Common use of Covenant Not To Compete and Confidentiality Clause in Contracts

Covenant Not To Compete and Confidentiality. (a) The Executive acknowledges the Company's reliance and expectation of the Executive's continued commitment to performance of his duties and responsibilities under this Agreement. In light of such reliance and expectation on the part of the Company, the Executive agrees that: (i) for a period commencing on the date of this Agreement and ending six (6) months after the expiration of the Executive's employment under this Agreement for any reason, the Executive shall not, directly or indirectly, engage in, or have an interest in or be associated with (whether as an officer, director, employee, consultant or otherwise) any entity which is engaged in any activity which is materially similar to or which is competitive with the activities then or at any time during the term of this Agreement conducted or actively proposed to be conducted by the Company, or any company owned or controlled by the Company or under common control with the Company ("Affiliate"), anywhere within the Detroit, Michigan and Ann Arbor, Michigan metropolitan area; and (ii) the Executive executed a separate Confidentiality Agreement upon commencing employment with the Company and hereby incorporates the duties and obligations of the Executive under such Confidentiality Agreement hereto. (b) The Executive agrees and understands that upon breach of Section 11(a)(i) and 11(a)(ii), any Severance Payment or payment of benefits due to Executive shall terminate immediately. (c) The Executive agrees and understands that the remedy at law for any breach by him of this Section 11 will be inadequate and that the damages flowing from such breach are not readily susceptible to being measured in monetary terms. Accordingly, it is acknowledged that, upon adequate proof of the Executive's violation of any legally enforceable provision of this Section 11, the Company shall be entitled to immediate injunctive relief and may obtain a temporary order restraining any threatened or further breach. Nothing in this Section 11 shall be deemed to limit the Company's remedies at law or in equity for any breach by the Executive of any of the provisions of this Section 11 which may be pursued or availed of by the Company.

Covenant Not To Compete and Confidentiality. (a) The Executive acknowledges the Company's reliance and expectation of the Executive's continued commitment to performance of his her duties and responsibilities under this Agreement. In light of such reliance and expectation on the part of the Company, the Executive agrees that: (i) for a period commencing on the date of this Agreement and ending six (6) months after the expiration of the Executive's employment under this Agreement for any reason, the Executive shall not, directly or indirectly, engage in, or have an interest in or be associated with (whether as an officer, director, employee, consultant or otherwise) any entity which is engaged in any activity which is materially similar to or which is competitive with the activities then or at any time during the term of this Agreement conducted or actively proposed to be conducted by the Company, or any company owned or controlled by the Company or under common control with the Company ("Affiliate"), anywhere within the Detroit, Michigan and Ann Arbor, Michigan metropolitan area; and (ii) the Executive executed a separate Confidentiality Agreement upon commencing employment with the Company and hereby incorporates the duties and obligations of the Executive under such Confidentiality Agreement hereto. (b) The Executive agrees and understands that upon breach of Section 11(a)(i) and 11(a)(ii), any Severance Payment or payment of benefits due to Executive shall terminate immediately. (c) The Executive agrees and understands that the remedy at law for any breach by him her of this Section 11 will be inadequate and that the damages flowing from such breach are not readily susceptible to being measured in monetary terms. Accordingly, it is acknowledged that, upon adequate proof of the Executive's violation of any legally enforceable provision of this Section 11, the Company shall be entitled to immediate injunctive relief and may obtain a temporary order restraining any threatened or further breach. Nothing in this Section 11 shall be deemed to limit the Company's remedies at law or in equity for any breach by the Executive of any of the provisions of this Section 11 which may be pursued or availed of by the Company.

Covenant Not To Compete and Confidentiality. (a) The Executive acknowledges the Company's reliance and expectation of the Executive's continued commitment to performance of his duties and responsibilities under this Agreement. In light of such reliance and expectation on the part of the Company, the Executive agrees that: (i) for a period commencing on the date of this Agreement and ending six (6) months after the expiration of the Executive's employment under this Agreement for any reason, the Executive shall not, directly or indirectly, engage in, or have an interest in or be associated with (whether as an officer, director, employee, consultant or otherwise) any entity which is engaged in any activity which is materially similar to or which is competitive with the activities then or at any time during the term of this Agreement conducted or actively proposed to be conducted by the Company, or any company owned or controlled by the Company or under common control with the Company ("Affiliate"), anywhere within the Detroit, Michigan and Ann Arbor, Michigan metropolitan area; and (ii) the Executive executed a separate Confidentiality Agreement upon commencing employment with the Company and hereby incorporates the duties and obligations of the Executive under such Confidentiality Agreement hereto. (b) The Executive agrees and understands that upon breach of Section 11(a)(i) and 11(a)(ii), any Severance Payment or payment of benefits due to Executive shall terminate immediately. (c) The Executive agrees and understands that the remedy at law for any breach by him his of this Section 11 will be inadequate and that the damages flowing from such breach are not readily susceptible to being measured in monetary terms. Accordingly, it is acknowledged that, upon adequate proof of the Executive's violation of any legally enforceable provision of this Section 11, the Company shall be entitled to immediate injunctive relief and may obtain a temporary order restraining any threatened or further breach. Nothing in this Section 11 shall be deemed to limit the Company's remedies at law or in equity for any breach by the Executive of any of the provisions of this Section 11 which may be pursued or availed of by the Company.