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 the Purchaser, the Purchaser hereby agrees effective as of the Purchase Date, until the Applicable Anniversary (as defined) of the date the Purchaser shall cease to be employed by the Company (the "Non-Compete Period"), 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, the Purchaser hereby agrees that during the Non-Compete Period, 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, "Supercenter" shall mean any store of at least 50,000 square feet at which general merchandise as well as groceries are sold at retail. For illustrative purposes only, Wal-Mart Supercenters and Super Kmart Centers are examples of Supercenters. "Applicable Anniversary" means with respect to (i) senior vice presidents and executives of higher standing in the Company, a two-year period, (ii) vice presidents, a one-year period and (iii) directors, a six-month period.

Covenant Not to Compete; Confidential Information. (a) In consideration of the Company entering into this Agreement with the Purchaser, the Purchaser hereby agrees effective as of the Purchase Date, until the Applicable Anniversary (as defined) of the date the Purchaser shall cease to be employed by the Company (the "NonNON-Compete PeriodCOMPETE PERIOD"), 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, the Purchaser hereby agrees that during the Non-Compete Period, 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, "Supercenter" shall mean any store of at least 50,000 square feet at which general merchandise as well as groceries are sold at retail. For illustrative purposes only, Wal-Mart Supercenters and Super Kmart Centers are examples of Supercenters. "Applicable Anniversary" means with respect to (i) senior vice presidents and executives of higher standing in the Company, a two-year period, (ii) vice presidents, a one-year period and (iii) directors, a six-month period.

Covenant Not to Compete; Confidential Information. (a) In consideration of the Company entering into this Agreement with the PurchaserShareholder, the Purchaser Shareholder hereby agrees effective as of the Purchase Date, until the Applicable Anniversary (as defined) one-year anniversary of the date the Purchaser Shareholder shall cease to be employed by a member of the Board of Directors of the Company (the "NonNON-Compete PeriodCOMPETE PERIOD"), the Purchaser 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 NamesTRADE NAMES"), in the United States. In addition to the foregoing, the Purchaser Shareholder hereby agrees that during the Non-Compete Period, the Purchaser 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, 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, "Supercenter" shall mean any store of at least 50,000 square feet at which general merchandise as well as groceries are sold at retail. For illustrative purposes only, Wal-Mart Supercenters and Super Kmart Centers are examples of Supercenters. "Applicable Anniversary" means with respect to (i) senior vice presidents and executives of higher standing in the Company, a two-year period, (ii) vice presidents, a one-year period and (iii) directors, a six-month period.

Covenant Not to Compete; Confidential Information. (a) In consideration of the Company entering into this Agreement with the PurchaserStockholder, the Purchaser Stockholder hereby agrees effective as of the Purchase Date, until the Applicable Anniversary (as defined) one-year anniversary of the date the Purchaser Stockholder shall cease to be employed by a member of the Board of Directors of the Company (the "Non-Compete Period"), the Purchaser 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 Names"), in the United States. In addition to the foregoing, the Purchaser Stockholder hereby agrees that during the Non-Compete Period, the Purchaser 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, 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, "Supercenter" shall mean any store of at least 50,000 square feet at which general merchandise as well as groceries are sold at retail. For illustrative purposes only, Wal-Mart Supercenters and Super Kmart Centers are examples of Supercenters. "Applicable Anniversary" means with respect to (i) senior vice presidents and executives of higher standing in the Company, a two-year period, (ii) vice presidents, a one-year period and (iii) directors, a six-month period.