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

Covenant Not To Compete and Confidentiality. (a) Executive acknowledges the Company’s reliance and expectation of 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, Executive agrees to the provisions set forth below. (i) During the Covenant Period (as defined below), Executive shall not compete with the Company, as such phrase is defined below. The “Covenant Period” shall begin on the Effective Date and end: (A) if the Company terminates this Agreement without Cause or the Executive terminates this Agreement for Good Reason and the Company pays the Severance Payment to the Executive as provided in Section 8(a), the 18-month anniversary of the effective date of the termination of the Executive’s employment by the Company; (B) if the employment of the Executive is terminated by any party for any other reason and the Company elects to extend the Covenant Period by making the Non-Compete Payments, the date through which the Company continues to pay the Executive his Base Salary at the rate in effect as of the termination date in accordance with the regular payroll practices of the Company (such payments, the “Non- Compete Payments”); provided that the Company may not extend the Covenant Period pursuant to this clause (B) beyond the 18-month anniversary of the effective date of the termination of the Executive’s employment.

Covenant Not To Compete and Confidentiality. (a) Executive acknowledges the Company’s reliance and expectation of 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, Executive agrees to the provisions set forth below. (i) During the Covenant Period (as defined below), Executive shall not compete with the Company, as such phrase is defined below. The “Covenant Period” shall begin on the Effective Date and end: (A) if the Company terminates this Agreement without Cause or the Executive terminates this Agreement for Good Reason and the Company pays the Severance Payment to the Executive as provided in Section 8(a), the 1812-month anniversary of the effective date of the termination of the Executive’s employment by the Company; (B) if the employment of the Executive is terminated by any party for any other reason and the Company elects to extend the Covenant Period by making the Non-Compete Payments, the date through which the Company continues to pay the Executive his Base Salary at the rate in effect as of the termination date in accordance with the regular payroll practices of the Company (such payments, the “Non- Non-Compete Payments”); provided that the Company may not extend the Covenant Period pursuant to this clause (B) beyond the 1812-month anniversary of the effective date of the termination of the Executive’s employment.

Covenant Not To Compete and Confidentiality. (a) Executive acknowledges the Company’s reliance and expectation of 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, Executive agrees to the provisions set forth below. (i) During the Covenant Period (as defined below), Executive shall not compete with the Company, as such phrase is defined below. The “Covenant Period” shall begin on the Effective Date and end: (A) if the Company terminates this Agreement without Cause or the Executive terminates this Agreement for Good Reason and the Company pays the Severance Payment to the Executive as provided in Section 8(a), the 18-month anniversary of the effective date of the termination of the Executive’s employment by the Company; (B) if the employment of the Executive is terminated by any party for any other reason and the Company elects to extend the Covenant Period by making the Non-Compete Payments, the date through which the Company continues to pay the Executive his Base Salary at the rate in effect as of the termination date in accordance with the regular payroll practices of the Company (such payments, the “Non- Non-Compete Payments”); provided that the Company may not extend the Covenant Period pursuant to this clause (B) beyond the 18-month anniversary of the effective date of the termination of the Executive’s employment.