Common use of Covenants and Confidential Information Clause in Contracts

Covenants and Confidential Information. (a) Employee acknowledges Employer's reliance and expectation of Employee's continued commitment of performance of his duties and responsibilities during the term of this Agreement. In light of such reliance and expectation on the part of Employer, Employee agrees that during the period beginning on the effective date of this Agreement and ending eighteen (18) months after the termination of Employee's employment for cause or Employee's resignation from employment with Employer (except with respect to subsection (a)(iii), in which case Employee agrees that at time beginning on the effective date of this Agreement and thereafter), he shall not, directly or indirectly, do or suffer any of the following: (i) employ, assist in employing, or solicit for employment any employee or officer of Employer or any of Employer's affiliates or subsidiaries who was employed or retained at any time during the one (1) year period preceding the date on which Employee's employment with Employer is terminated; (ii) induce any person who is an employee or officer of Employer or any of Employer's affiliates or subsidiaries to terminate said relationship in such a manner which is not in furtherance of Employer's interest; or (iii) except in performing services hereunder, disclose, divulge, discuss, copy or otherwise use or suffer to be used in any manner, in competition with, or contrary to the interests of, Employer or any of Employer's affiliates or subsidiaries entities, the proprietary customer lists, limited partner lists, research or data or other trade secrets of Employer or any of Employer's affiliates or subsidiaries, it being acknowledged by Employee that any such proprietary information regarding the business of Employer and Employer's affiliates or 240 subsidiaries entities compiled or obtained by, or furnished to, Employee while Employee shall have been employed by or associated with Employer, and which has not been publicly disclosed by Employer or which is otherwise not available in the public domain, is confidential information and Employer's property. (b) Employee expressly agrees and understands that the remedy at law for any breach by him of this Section 8 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 Employee's violation of any legally enforceable provision of this Section 8, Employer shall be entitled to immediate injunctive relief and may obtain a temporary order restraining any threatened or further breach. Nothing in this Section 8 shall be deemed to limit Employer's remedies at law or in equity for any breach by Employee of any of the provisions of this Section 8 which may he pursued or availed of by Employer. (c) Employee has carefully considered the nature and extent of the restrictions upon him and the rights and remedies conferred upon Employer under this Section 8, and hereby acknowledges and agrees that the same are reasonable in time and territory, are designed to eliminate competition which otherwise would be unfair to Employer, do not stifle the inherent skill and experience of Employee, would not operate as a bar to Employee's sole means of support, are fully required to protect the legitimate interests of Employer and do not confer a benefit upon Employer disproportionate to the detriment to Employee.

Covenants and Confidential Information. (a) Employee acknowledges Employer's reliance and expectation of Employee's continued commitment of performance of his her duties and responsibilities during the term of this Agreement. In light of such reliance and expectation on the part of Employer, Employee agrees that during the period beginning on the effective date of this Employment Agreement and ending eighteen (18) months after the termination of Employee's employment for cause or pursuant to Section 6(a)(i) of this Employment Agreement or Employee's resignation from employment with Employer (except with respect to subsection (a)(iii)Employer, in which case Employee agrees that at time beginning on the effective date of this Agreement and thereafter), he she shall not, directly or indirectly, do or suffer any of the following: (i) own, manage, control or participate in the ownership, management, or control of, or be employed or engaged by or otherwise affiliated or associated as a 215 consultant, independent contractor or otherwise with, any other corporation, partnership, proprietorship, firm, association, or other business entity, or otherwise engage in any business, which directly of indirectly acquires, or solicits to develop, rehabilitate or acquire real property, property management agreements or any other service agreement directly relating to any property with respect to which CRSI, Employer or any of CRSI's subsidiaries or affiliates has contracted to acquire, develop, rehabilitate or provide (or is actively negotiating to acquire, develop, rehabilitate or provide) similar services on the date that Employee shall no longer be employed by Employer, CRSI or any other subsidiary of CRSI; provided, however, that the ownership of not more than one percent (1%) of the stock of any publicly-traded corporation shall not be deemed a violation of this covenant; (ii) employ, assist in employing, or solicit for employment any employee or officer of Employer Employer, CRSI or any of EmployerCRSI's affiliates or subsidiaries who was employed or retained at any time during the one (1) year period preceding the date on which Employee's employment with Employer is terminated; (iiiii) induce any person who is an employee or officer of Employer Employer, CRSI or any of EmployerCRSI's affiliates or subsidiaries to terminate said relationship in such a manner which is not in furtherance of Employer's or CRSI's interest; or (iiiiv) except in performing services hereunder, disclose, divulge, discuss, copy or otherwise use or suffer to be used in any manner, in competition with, or contrary to the interests of, Employer Employer, or any of EmployerCRSI's affiliates or subsidiaries entitiessubsidiaries, the proprietary customer lists, limited partner lists, research or data or other trade secrets of Employer Employer, CRSI or any of EmployerCRSI's affiliates or subsidiaries, it being acknowledged by Employee that any such proprietary information regarding the business of Employer Employer, CRSI and EmployerCRSI's affiliates or 240 subsidiaries entities compiled or obtained by, or furnished to, Employee while Employee shall have been employed by or associated with Employer, CRSI or any subsidiary of CRSI, and which has not been publicly disclosed by Employer or CRSI or which is otherwise not available in the public domain, is confidential information and Employer's or CRSI's property. (b) Employee expressly agrees and understands that the remedy at law for any breach by him her of this Section 8 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 Employee's violation of any legally enforceable provision of this Section 8, Employer shall be entitled to immediate injunctive relief and may obtain a temporary order restraining any threatened or further breach. Nothing in this Section 8 shall be deemed to limit Employer's remedies at law or in equity for any breach by Employee of any of the provisions of this Section 8 which may he pursued or availed of by Employer.. 216 (c) Employee has carefully considered the nature and extent of the restrictions upon him her and the rights and remedies conferred upon Employer under this Section 8, and hereby acknowledges and agrees that the same are reasonable in time and territory, are designed to eliminate competition which otherwise would be unfair to EmployerEmployer and CRSI, do not stifle the inherent skill and experience of Employee, would not operate as a bar to Employee's sole means of support, are fully required to protect the legitimate interests of Employer and CRSI and do not confer a benefit upon Employer and CRSI disproportionate to the detriment to Employee.

Covenants and Confidential Information. (a) Employee acknowledges Employer's reliance and expectation of Employee's continued commitment of performance of his duties and responsibilities during the term of this Agreement. In light of such reliance and expectation on the part of Employer, Employee agrees that during the period beginning on the effective date of this Agreement and ending eighteen (18) months after the termination of Employee's employment for cause or Employee's resignation from employment with Employer (except with respect to subsection (a)(iii), in which case Employee agrees that at time beginning on the effective date of this Agreement and thereafter)Employer, he shall not, directly or indirectly, do or suffer any of the following: (i) own, manage, control or participate in the ownership, management, or control of, or be employed or engaged by or otherwise affiliated or associated as a consultant, independent contractor or otherwise with, any other corporation, partnership, proprietorship, firm, association, or other business entity, or otherwise engage in any business, which directly of indirectly acquires, or solicits to acquire, property management agreements or any other service agreement directly relating to any property with respect to which Employer or any of its subsidiaries or affiliates has contracted to provide (or is actively negotiating to provide) similar services on the date that Employee's employment relationship with Employer is terminated hereunder; provided, however, that the ownership of not more than one percent (1%) of the stock of any publicly-traded corporation shall not be deemed a violation of this covenant; (ii) employ, assist in employing, or solicit for employment any employee or officer of Employer or any of Employer's affiliates or subsidiaries who was employed or retained at any time during the one (1) year period preceding the date on which Employee's employment with Employer is terminated; (iiiii) induce any person who is an employee or officer of Employer or any of Employer's affiliates or subsidiaries to terminate said relationship in such a manner which is not in furtherance of Employer's interest; or (iiiiv) except in performing services hereunder, disclose, divulge, discuss, copy or otherwise use or suffer to be used in any manner, in competition with, or contrary to the interests of, Employer or any of Employer's affiliates or subsidiaries entities, the proprietary customer lists, limited partner lists, research or data or other trade secrets of Employer or any of Employer's affiliates or subsidiaries, it being acknowledged by Employee that any such proprietary information regarding the business of Employer and Employer's affiliates or 240 subsidiaries entities compiled or obtained by, or furnished to, Employee while Employee shall have been employed by or associated with Employer, and which has not been publicly disclosed by Employer or which is otherwise not available in the public domain, is confidential information and Employer's property. (b) Employee expressly agrees and understands that the remedy at law for any breach by him of this Section 8 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 Employee's violation of any legally enforceable provision of this Section 8, Employer shall be entitled to immediate injunctive relief and may obtain a temporary order restraining any threatened or further breach. Nothing in this Section 8 shall be deemed to limit Employer's remedies at law or in equity for any breach by Employee of any of the provisions of this Section 8 which may he pursued or availed of by Employer. (c) Employee has carefully considered the nature and extent of the restrictions upon him and the rights and remedies conferred upon Employer under this Section 8, and hereby acknowledges and agrees that the same are reasonable in time and territory, are designed to eliminate competition which otherwise would be unfair to Employer, do not stifle the inherent skill and experience of Employee, would not operate as a bar to Employee's sole means of support, are fully required to protect the legitimate interests of Employer and do not confer a benefit upon Employer disproportionate to the detriment to Employee.enforceable

Covenants and Confidential Information. (a) Employee acknowledges Employer's reliance and expectation of Employee's continued commitment of performance of his duties and responsibilities during the term of this Agreement. In light of such reliance and expectation on the part of Employer, Employee agrees that during the period beginning on the effective date of this Agreement and ending eighteen (18) months after the termination of Employee's employment for cause or Employee's resignation from employment with Employer (except with respect to subsection (a)(iii), in which case Employee agrees that at time beginning on the effective date of this Agreement and thereafter)Employer, he shall not, directly or indirectly, do or suffer any of the following: (i) own, manage, control or participate in the ownership, management, or control of, or be employed or engaged by or otherwise affiliated or associated as a consultant, independent contractor or otherwise with, any other corporation, partnership, proprietorship, firm, association, or other business entity, or otherwise engage in any business, which directly of indirectly acquires, or solicits to acquire, property management agreements or any other service agreement directly relating to any property with respect to which Employer or any of its subsidiaries or affiliates has contracted to provide (or is actively negotiating to provide) similar services on the date that Employee's employment relationship with Employer is terminated hereunder; provided, however, that the ownership of not more than one percent (1%) of the stock of any publicly-traded corporation shall not be deemed a violation of this covenant; (ii) employ, assist in employing, or solicit for employment any employee or officer of Employer or any of Employer's affiliates or subsidiaries who was employed or retained at any time during the one (1) year period preceding the date on which Employee's employment with Employer is terminated; (iiiii) induce any person who is an employee or officer of Employer or any of Employer's affiliates or subsidiaries to terminate said relationship in such a manner which is not in furtherance of Employer's interest; or (iiiiv) except in performing services hereunder, disclose, divulge, discuss, copy or otherwise use or suffer to be used in any manner, in competition with, or 140 contrary to the interests of, Employer or any of Employer's affiliates or subsidiaries entities, the proprietary customer lists, limited partner lists, research or data or other trade secrets of Employer or any of Employer's affiliates or subsidiaries, it being acknowledged by Employee that any such proprietary information regarding the business of Employer and Employer's affiliates or 240 subsidiaries entities compiled or obtained by, or furnished to, Employee while Employee shall have been employed by or associated with Employer, and which has not been publicly disclosed by Employer or which is otherwise not available in the public domain, is confidential information and Employer's property. (b) Employee expressly agrees and understands that the remedy at law for any breach by him of this Section 8 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 Employee's violation of any legally enforceable provision of this Section 8, Employer shall be entitled to immediate injunctive relief and may obtain a temporary order restraining any threatened or further breach. Nothing in this Section 8 shall be deemed to limit Employer's remedies at law or in equity for any breach by Employee of any of the provisions of this Section 8 which may he pursued or availed of by Employer. (c) Employee has carefully considered the nature and extent of the restrictions upon him and the rights and remedies conferred upon Employer under this Section 8, and hereby acknowledges and agrees that the same are reasonable in time and territory, are designed to eliminate competition which otherwise would be unfair to Employer, do not stifle the inherent skill and experience of Employee, would not operate as a bar to Employee's sole means of support, are fully required to protect the legitimate interests of Employer and do not confer a benefit upon Employer disproportionate to the detriment to Employee.