Common use of Covenant Not to Compete; Confidential Information Clause in Contracts

Covenant Not to Compete; Confidential Information. (a) In consideration of the Company entering into this Agreement with Shareholder, Shareholder hereby agrees effective as of the Purchase Date, until the one-year anniversary of the date Shareholder shall cease to be a member of the Board of Directors of the Company (the "NON-COMPETE PERIOD"), Shareholder shall not, directly or indirectly, own, manage, operate, control or participate in the ownership, management, operation or control of, or be connected in any manner with (including as a consultant), any business which shall be engaged in the retail selling of food, beverages or other products under the names "Randall's", "Xxx Thumb" or "Xxxxx Xxxxx", or under any other name which uses any of the foregoing names as a component or which is (or includes a component which is) confusingly similar to any such names (the "TRADE NAMES"), in the United States. In addition to the foregoing, Shareholder hereby agrees that during the Non-Compete Period, Shareholder shall not, directly or indirectly, own, manage, operate, control or participate in the ownership, management, operation or control of, or be connected in any manner with (including as a consultant), any business which shall be engaged in the retail selling of food, beverages or other related products under any name, including the Trade Names, in Texas, PROVIDED, that (i) unless such business shall own, lease or operate a Supercenter (as defined below), the retail selling of food, beverages or other related products shall be the primary business of such business and (ii) this sentence shall not be applicable to restaurant or catering businesses. For purposes hereof, "

Covenant Not to Compete; Confidential Information. (a) In consideration of the Company entering into this Agreement with ShareholderStockholder, Shareholder Stockholder hereby agrees effective as of the Purchase Date, until the one-year anniversary of the date Shareholder Stockholder shall cease to be a member of the Board of Directors of the Company (the "NONNon-COMPETE PERIODCompete Period"), Shareholder Stockholder shall not, directly or indirectly, without the consent of the Committee, own, manage, operate, control or participate in the ownership, management, operation or control of, or be connected in any manner with (including as a consultant), any business which shall be engaged in the retail selling of food, beverages or other products under the names "Randall's", "Xxx Tom Thumb" or "Xxxxx XxxxxSimon David", or under any other name which uses any axx of the foregoing names foregxxxx xxxxx as a component or which is (or includes a component which is) confusingly similar to any such names (the "TRADE NAMESTrade Names"), in the United States. In addition to the foregoing, Shareholder Stockholder hereby agrees that during the Non-Compete Period, Shareholder Stockholder shall not, directly or indirectly, without the consent of the Committee, own, manage, operate, control or participate in the ownership, management, operation or control of, or be connected in any manner with (including as a consultant), any business which shall be engaged in the retail selling of food, beverages or other related products under any name, including the Trade Names, in Texas, PROVIDEDprovided, that (i) unless such business shall own, lease or operate a Supercenter (as defined below), the retail selling of food, beverages or other related products shall be the primary business of such business and (ii) this sentence shall not be applicable to restaurant or catering businesses. For purposes hereof, "

Covenant Not to Compete; Confidential Information. (a) In consideration of the Company entering into this Agreement with Shareholderthe Purchaser, Shareholder the Purchaser hereby agrees effective as of the Purchase Date, until the one-year anniversary Applicable Anniversary (as defined) of the date Shareholder the Purchaser shall cease to be a member of the Board of Directors of employed by the Company (the "NONNon-COMPETE PERIODCompete Period"), Shareholder the Purchaser shall not, directly or indirectly, own, manage, operate, control or participate in the ownership, management, operation or control of, or be connected in any manner with (including as a consultant), any business which shall be engaged in the retail selling of food, beverages or other products under the names "Randall's", "Xxx Thumb" or "Xxxxx Xxxxx", or under any other name which uses any of the foregoing names as a component or which is (or includes a component which is) confusingly similar to any such names (the "TRADE NAMESTrade Names"), in the United States. In addition to the foregoing, Shareholder the Purchaser hereby agrees that during the Non-Compete Period, Shareholder the Purchaser shall not, directly or indirectly, own, manage, operate, control or participate in the ownership, management, operation or control of, or be connected in any manner with (including as a consultant), any business which shall be engaged in the retail selling of food, beverages or other related products under any name, including the Trade Names, in Texas, PROVIDEDprovided, that [(i) unless such business shall own, lease or operate a Supercenter (as defined below), the retail selling of food, beverages or other related products shall be the primary business of such business and (ii) )] this sentence shall not be applicable to restaurant or catering businesses. For purposes hereof, "

Covenant Not to Compete; Confidential Information. (a) In consideration of the Company entering into this Agreement with Shareholderthe Purchaser, Shareholder the Purchaser hereby agrees effective as of the Purchase Date, until the one-year anniversary Applicable Anniversary (as defined) of the date Shareholder the Purchaser shall cease to be a member of the Board of Directors of employed by the Company (the "NON-COMPETE PERIOD"), Shareholder the Purchaser shall not, directly or indirectly, own, manage, operate, control or participate in the ownership, management, operation or control of, or be connected in any manner with (including as a consultant), any business which shall be engaged in the retail selling of food, beverages or other products under the names "Randall's", "Xxx Thumb" or "Xxxxx Xxxxx", or under any other name which uses any of the foregoing names as a component or which is (or includes a component which is) confusingly similar to any such names (the "TRADE NAMES"), in the United States. In addition to the foregoing, Shareholder the Purchaser hereby agrees that during the Non-Compete Period, Shareholder the Purchaser shall not, directly or indirectly, own, manage, operate, control or participate in the ownership, management, operation or control of, or be connected in any manner with (including as a consultant), any business which shall be engaged in the retail selling of food, beverages or other related products under any name, including the Trade Names, in Texas, PROVIDED, that (i) unless such business shall own, lease or operate a Supercenter (as defined below), the retail selling of food, beverages or other related products shall be the primary business of such business and (ii) this sentence shall not be applicable to restaurant or catering businesses. For purposes hereof, "