Common use of Covenants Not to Compete or Solicit Clause in Contracts

Covenants Not to Compete or Solicit. For one (1) year following the termination of Employee's employment with the Company, Employee covenants and agrees with the Company not to engage, either directly or indirectly, as an equity owner or personally as an officer, director, employee, partner, consultant or agent, in the rendering of any of the same services as are provided by the Company at the time Employee's employment with the Company is terminated, or which the Company has targeted to provide in its written business plan which has been approved by the Board of Directors as of the time of such termination, in any of the market areas in which the Company is providing such services at the time of such termination, or in any of the market areas in which the Company has targeted to provide such services in its business plan at the time of such termination, provided that Employee may own up to 2% of the outstanding equity securities of any publicly-traded company regardless of whether any such company is a competitor of the Company, so long as Employee's relationship to any such company is that of a strictly passive investor. For one (1) year following termination of employment under the terms of this Employment Agreement, Employee covenants and agrees with the Company not to, either directly or indirectly, whether acting on behalf of himself or a corporation, partnership, joint venture or some other entity: a. induce or attempt to induce any employee of the Company to leave the Company's employ, or in any way interfere with the relationship between the Company and any employee thereof; and/or b. hire directly or through another entity any person who was an employee of the Company at any time during the twelve (12) months preceding Employee's termination. Employee represents that he has disclosed to the Company in writing all obligations to third parties which might limit his ability to perform services under this Employment Agreement.

Covenants Not to Compete or Solicit. For one During Xxxxxxxxxx’x employment and for a period of twelve (112) year months following the termination of Employee's employment Xxxxxxxxxx’x employment, Xxxxxxxxxx shall not, anywhere in the Geographic Area (as defined below), other than on behalf of the Company or with the Company, Employee covenants and agrees with the Company not to engage, either directly or indirectly, as an equity owner or personally as an officer, director, employee, partner, consultant or agent, in the rendering of any of the same services as are provided by the Company at the time Employee's employment with the Company is terminated, or which the Company has targeted to provide in its prior written business plan which has been approved by the Board of Directors as of the time of such termination, in any of the market areas in which the Company is providing such services at the time of such termination, or in any of the market areas in which the Company has targeted to provide such services in its business plan at the time of such termination, provided that Employee may own up to 2% of the outstanding equity securities of any publicly-traded company regardless of whether any such company is a competitor consent of the Company, so long as Employee's relationship to any such company is that of a strictly passive investor. For one (1) year following termination of employment under the terms of this Employment Agreement, Employee covenants and agrees with the Company not to, either directly or indirectly: (a) perform services for (whether as an employee, whether acting on behalf agent, consultant, advisor, independent contractor, proprietor, partner, officer, director or otherwise), have any ownership interest in (except for passive ownership of himself one percent (1%) or a corporationless of any entity whose securities have been registered under the Securities Act or Section 12 of the Securities Exchange Act of 1934, as amended), or participate in the financing, operation, management or control of, any firm, partnership, joint venture corporation, entity or some other entity:business that engages or participates in a “competing business purpose” (as defined below); a. (b) induce or attempt to induce any employee customer, potential customer, supplier, licensee, licensor or business relation of the Company to leave cease doing business with the Company's employ, or in any way interfere with the relationship between the Company and any employee thereof; and/or b. hire directly customer, potential customer, supplier, licensee, licensor or through another entity any person who was an employee business relation of the Company at or solicit the business of any time during customer or potential customer of the twelve Company, whether or not Xxxxxxxxxx had personal contact with such entity; and (12c) months preceding Employee's terminationsolicit, encourage, hire or take any other action which is intended to induce or encourage, or has the effect of inducing or encouraging, any employee or independent contractor of the Company or any subsidiary of the Company to terminate his employment or relationship with the Company or any subsidiary of the Company, other than in the discharge of his duties as an officer of the Company. Employee represents In the event that Xxxxxxxxxx receives a waiver of the “non-competition” provision from the Company, which the Company may or may not grant in its sole discretion, Xxxxxxxxxx agrees that he has disclosed will waive any further claim for severance and insurance benefits beginning on the date of his employment with a new organization, provided that such new employment is comparable to Xxxxxxxxxx’x employment with the Company in writing all obligations to third parties which might limit his ability to perform services under this Employment Agreementterms of salary and benefits.

Covenants Not to Compete or Solicit. For one two (12) year years following the termination of Employee's employment with the Company, Employee covenants and agrees with the Company not to engage, either directly or indirectly, as an equity owner or personally as an officer, director, employee, partner, consultant or agent, in the rendering of any of the same services as are provided by the Company at the time Employee's employment with the Company is terminated, or which the Company has targeted to provide in its written business plan which has been approved by the Board of Directors as of the time of such termination, in any of the market areas in which the Company is providing such services at the time of such termination, or in any of the market areas in which the Company has targeted to provide such services in its business plan at the time of such termination, provided that Employee may own up to 2% of the outstanding equity securities of any publicly-traded company regardless of whether any such company is a competitor of the Company, so long as Employee's relationship to any such company is that of a strictly passive investor. For one two (12) year years following termination of employment under the terms of this Employment Agreement, Employee covenants and agrees with the Company not to, either directly or indirectly, whether acting on behalf of himself or a corporation, partnership, joint venture or some other entity: a. induce or attempt to induce any employee of the Company to leave the Company's employ, or in any way interfere with the relationship between the Company and any employee thereof; and/or and/or b. hire directly or through another entity any person who was an employee of the Company at any time during the twelve (12) months preceding Employee's termination. Employee represents that he has disclosed to the Company in writing all obligations to third parties which might limit his ability to perform services under this Employment Agreement.

Covenants Not to Compete or Solicit. For one During Xxxxxx’ employment and for a period of twelve (112) year months following the termination of Employee's Xxxxxx’ employment for any reason, Xxxxxx shall not, anywhere in the Geographic Area (as defined below), other than on behalf of the Company or with the Company, Employee covenants and agrees with the Company not to engage, either directly or indirectly, as an equity owner or personally as an officer, director, employee, partner, consultant or agent, in the rendering of any of the same services as are provided by the Company at the time Employee's employment with the Company is terminated, or which the Company has targeted to provide in its prior written business plan which has been approved by the Board of Directors as of the time of such termination, in any of the market areas in which the Company is providing such services at the time of such termination, or in any of the market areas in which the Company has targeted to provide such services in its business plan at the time of such termination, provided that Employee may own up to 2% of the outstanding equity securities of any publicly-traded company regardless of whether any such company is a competitor consent of the Company, so long as Employee's relationship to any such company is that of a strictly passive investor. For one (1) year following termination of employment under the terms of this Employment Agreement, Employee covenants and agrees with the Company not to, either directly or indirectly: (a) perform services for (whether as an employee, whether acting on behalf agent, consultant, advisor, independent contractor, proprietor, partner, officer, director or otherwise), have any ownership interest in (except for passive ownership of himself one percent (1%) or a corporationless of any entity whose securities have been registered under the Securities Act or Section 12 of the Securities Exchange Act of 1934, as amended), or participate in the financing, operation, management or control of, any firm, partnership, joint venture corporation, entity or some other entity:business that engages or participates in a “competing business purpose” (as defined below); a. (b) induce or attempt to induce any employee customer, potential customer, supplier, licensee, licensor or business relation of the Company to leave cease doing business with the Company's employ, or in any way interfere with the relationship between the Company and any employee thereof; and/or b. hire directly customer, potential customer, supplier, licensee, licensor or through another entity any person who was an employee business relation of the Company at or solicit the business of any time during customer or potential customer of the twelve Company, whether or not Xxxxxx had personal contact with such entity; and (12c) months preceding Employee's terminationsolicit, encourage, hire or take any other action which is intended to induce or encourage, or has the effect of inducing or encouraging, any employee or independent contractor of the Company or any subsidiary of the Company to terminate his employment or relationship with the Company or any subsidiary of the Company, other than in the discharge of his duties as an officer of the Company. Employee represents In the event that Xxxxxx receives a waiver of the “non-competition” provision from the Company, which the Company may or may not grant in its sole discretion, Xxxxxx agrees that he has disclosed will waive any further claim for severance and insurance benefits beginning on the date of his employment with a new organization, provided that such new employment is comparable to Xxxxxx’ employment with the Company in writing all obligations to third parties which might limit his ability to perform services under this Employment Agreementterms of salary and benefits.

Covenants Not to Compete or Solicit. For 10.1 So long as the Executive is employed by the Company and for a period of one (1) year following thereafter, the termination of Employee's employment with the CompanyExecutive shall not, Employee covenants and agrees with the Company not to engage, either directly or indirectly, by or for the Executive or as an equity owner or personally as an officer, director, employee, partner, consultant or agent, in the rendering agent of any of the same services as are provided by the Company at the time Employee's employment with the Company is terminatedanother, or which through others as the Company has targeted to provide Executive's agent: (a) promote or sell leisure product financial services anywhere in its written business plan which has been approved by those states or territories (the Board of Directors as of the time of such termination, in any of the market areas in which the Company is providing such services at the time of such termination, or in any of the market areas "Territory") in which the Company has targeted to provide such rendered services or provided financing within the eighteen (18) months immediately preceding the termination of employment (the "Relevant Period") in its business plan at the time of such termination, provided that Employee may own up to 2% of the outstanding equity securities of any publicly-traded company regardless of whether any such company is a competitor competition with those of the Company; or (b) own, so manage, operate, be compensated by, participate in or have any right to or interest in any other business that promotes or sells leisure product financial services in the Territory in competition with those of the Company. 10.2 So long as Employee's relationship to any such company the Executive is that employed by the Company and for a period of a strictly passive investor. For one (1) year following termination of employment under thereafter, the terms of this Employment Agreement, Employee covenants and agrees Executive shall not (except in connection with the Company not torendering of services hereunder), either directly or indirectly, whether acting on behalf by or for the Executive or as the agent of himself another, or a corporation, partnership, joint venture or some other entitythrough others as the Executive's agent: a. (a) solicit or accept any business from customers of the Company, or request, induce or attempt to induce any employee advise customers of the Company to leave withdraw, curtail or cancel their business with the Company's employ; (b) solicit for employment or employ or become employed by any past, present or in any way interfere with the relationship between the Company and any employee thereof; and/or b. hire directly or through another entity any person who was an future employee of the Company, or request, induce or advise any employee to leave the employ of the Company; or (c) use or disclose any nonpublic information concerning the Company at or its businesses and affairs, including Confidential Information. 10.3 The Executive agrees that if the Executive shall violate any time during of the twelve (12) months preceding Employee's terminationprovisions of this Section 10, the Company shall be entitled to an accounting and repayment of all profits, compensation, commission, renumeration or other benefits that the Executive, directly or indirectly, may realize arising from or related to any such violation. Employee represents These remedies shall be in addition to, and not in limitation of, any injunctive relief or other rights to which the Company may be entitled. 10.4 The parties agree and acknowledge that he has disclosed the duration, scope and geographic areas applicable to the Company covenant not to compete described in writing all this Section are fair, reasonable and necessary, that adequate compensation has been received by the Executive for such obligations, and that these obligations do not prevent the Executive from earning a livelihood. If, however, for any reason any court determines that the restrictions in this Section 10 are not reasonable, that consideration is inadequate or that the Executive has been prevented from earning a livelihood, such restrictions shall be interpreted, modified or rewritten to third parties include as much of the duration, scope and geographic area identified in this Section as will render such restrictions valid and enforceable. 10.5 Nothing herein shall prohibit the Executive from owning in the aggregate not more than 1% of the outstanding stock of any corporation which might limit his ability to perform services under this Employment Agreementis publicly traded, so long as the Executive has no active participation in the business of such corporation.

Covenants Not to Compete or Solicit. For one During Xxxxxxxx’x employment and for a period of twenty-four (124) year months following the termination of Employee's Xxxxxxxx’x employment for any reason, so long as Xxxxxxxx is being paid severance in accordance with the Companyterms of Section 6(b) above, Employee covenants and agrees Xxxxxxxx shall not, anywhere in the Geographic Area (as defined below), other than on behalf of the Company or with the Company not to engage, either directly or indirectly, as an equity owner or personally as an officer, director, employee, partner, consultant or agent, in the rendering of any of the same services as are provided by the Company at the time Employee's employment with the Company is terminated, or which the Company has targeted to provide in its prior written business plan which has been approved by the Board of Directors as of the time of such termination, in any of the market areas in which the Company is providing such services at the time of such termination, or in any of the market areas in which the Company has targeted to provide such services in its business plan at the time of such termination, provided that Employee may own up to 2% of the outstanding equity securities of any publicly-traded company regardless of whether any such company is a competitor consent of the Company, so long as Employee's relationship to any such company is that of a strictly passive investor. For one (1) year following termination of employment under the terms of this Employment Agreement, Employee covenants and agrees with the Company not to, either directly or indirectly: (a) perform services for (whether as an employee, whether acting on behalf agent, consultant, advisor, independent contractor, proprietor, partner, officer, director or otherwise), have any ownership interest in (except for passive ownership of himself one percent (1%) or a corporationless of any entity whose securities have been registered under the Securities Act or Section 12 of the Securities Exchange Act of 1934, as amended), or participate in the financing, operation, management or control of, any firm, partnership, joint venture corporation, entity or some other entity:business that engages or participates in a “competing business purpose” (as defined below); a. (b) induce or attempt to induce any employee customer, potential customer, supplier, licensee, licensor or business relation of the Company to leave cease doing business with the Company's employ, or in any way interfere with the relationship between the Company and any employee thereof; and/or b. hire directly customer, potential customer, supplier, licensee, licensor or through another entity any person who was an employee business relation of the Company at or solicit the business of any time during customer or potential customer of the twelve Company, whether or not Xxxxxxxx had personal contact with such entity; and (12c) months preceding Employee's terminationsolicit, encourage, hire or take any other action which is intended to induce or encourage, or has the effect of inducing or encouraging, any employee or independent contractor of the Company or any subsidiary of the Company to terminate his employment or relationship with the Company or any subsidiary of the Company, other than in the discharge of his duties as an officer of the Company. Employee represents In the event that Xxxxxxxx receives a waiver of the “non-competition” provision from the Company, which the Company may or may not grant in its sole discretion, Xxxxxxxx agrees that he has disclosed will waive any further claim for severance and insurance benefits beginning on the date of his employment with a new organization, provided that such new employment is comparable to Xxxxxxxx’x employment with the Company in writing all obligations to third parties which might limit his ability to perform services under this Employment Agreementterms of salary and benefits.

Covenants Not to Compete or Solicit. For one During Xxxxxx’x employment and for a period of (1i) year twenty-four (24) months following the termination of Employee's Xxxxxx’x employment if Xxxxxx’x employment terminates pursuant to Sections 5(b) or 7(a) hereof or (ii) twelve (12) months following the termination of Xxxxxx’x employment if Xxxxxx’x employment terminates for any other reason, Xxxxxx shall not, anywhere in the Geographic Area (as defined below), other than on behalf of the Company or with the Company, Employee covenants and agrees with the Company not to engage, either directly or indirectly, as an equity owner or personally as an officer, director, employee, partner, consultant or agent, in the rendering of any of the same services as are provided by the Company at the time Employee's employment with the Company is terminated, or which the Company has targeted to provide in its prior written business plan which has been approved by the Board of Directors as of the time of such termination, in any of the market areas in which the Company is providing such services at the time of such termination, or in any of the market areas in which the Company has targeted to provide such services in its business plan at the time of such termination, provided that Employee may own up to 2% of the outstanding equity securities of any publicly-traded company regardless of whether any such company is a competitor consent of the Company, so long as Employee's relationship to any such company is that of a strictly passive investor. For one (1) year following termination of employment under the terms of this Employment Agreement, Employee covenants and agrees with the Company not to, either directly or indirectly: (a) perform services for (whether as an employee, whether acting on behalf agent, consultant, advisor, independent contractor, proprietor, partner, officer, director or otherwise), have any ownership interest in (except for passive ownership of himself one percent (1%) or a corporationless of any entity whose securities have been registered under the Securities Act or Section 12 of the Securities Exchange Act of 1934, as amended), or participate in the financing, operation, management or control of, any firm, partnership, joint venture corporation, entity or some other entity:business that engages or participates in a “competing business purpose” (as defined below); a. (b) induce or attempt to induce any employee customer, potential customer, supplier, licensee, licensor or business relation of the Company to leave cease doing business with the Company's employ, or in any way interfere with the relationship between the Company and any employee thereof; and/or b. hire directly customer, potential customer, supplier, licensee, licensor or through another entity any person who was an employee business relation of the Company at or solicit the business of any time during customer or potential customer of the twelve Company, whether or not Xxxxxx had personal contact with such entity; and (12c) months preceding Employee's terminationsolicit, encourage, hire or take any other action which is intended to induce or encourage, or has the effect of inducing or encouraging, any employee or independent contractor of the Company or any subsidiary of the Company to terminate his employment or relationship with the Company or any subsidiary of the Company, other than in the discharge of his duties as an officer of the Company. Employee represents In the event that Xxxxxx receives a waiver of the “non-competition” provision from the Company, which the Company may or may not grant in its sole discretion, Xxxxxx agrees that he has disclosed will waive any further claim for severance and insurance benefits beginning on the date of his employment with a new organization, provided that such new employment is comparable to Xxxxxx’x employment with the Company in writing all obligations to third parties which might limit his ability to perform services under this Employment Agreementterms of salary and benefits.

Covenants Not to Compete or Solicit. For one During Xxxxxxxx’x employment and for a period of twenty-four (124) year months following the termination of Employee's Xxxxxxxx’x employment for any reason, so long as Xxxxxxxx is being paid severance in accordance with the Companyterms of Section 5(b) above, Employee covenants and agrees Xxxxxxxx shall not, anywhere in the Geographic Area (as defined below), other than on behalf of the Company or with the Company not to engage, either directly or indirectly, as an equity owner or personally as an officer, director, employee, partner, consultant or agent, in the rendering of any of the same services as are provided by the Company at the time Employee's employment with the Company is terminated, or which the Company has targeted to provide in its prior written business plan which has been approved by the Board of Directors as of the time of such termination, in any of the market areas in which the Company is providing such services at the time of such termination, or in any of the market areas in which the Company has targeted to provide such services in its business plan at the time of such termination, provided that Employee may own up to 2% of the outstanding equity securities of any publicly-traded company regardless of whether any such company is a competitor consent of the Company, so long as Employee's relationship to any such company is that of a strictly passive investor. For one (1) year following termination of employment under the terms of this Employment Agreement, Employee covenants and agrees with the Company not to, either directly or indirectly: (a) perform services for (whether as an employee, whether acting on behalf agent, consultant, advisor, independent contractor, proprietor, partner, officer, director or otherwise), have any ownership interest in (except for passive ownership of himself one percent (1%) or a corporationless of any entity whose securities have been registered under the Securities Act or Section 12 of the Securities Exchange Act of 1934, as amended), or participate in the financing, operation, management or control of, any firm, partnership, joint venture corporation, entity or some other entity:business that engages or participates in a “competing business purpose” (as defined below); a. (b) induce or attempt to induce any employee customer, potential customer, supplier, licensee, licensor or business relation of the Company to leave cease doing business with the Company's employ, or in any way interfere with the relationship between the Company and any employee thereof; and/or b. hire directly customer, potential customer, supplier, licensee, licensor or through another entity any person who was an employee business relation of the Company at or solicit the business of any time during customer or potential customer of the twelve Company, whether or not Xxxxxxxx had personal contact with such entity; and (12c) months preceding Employee's terminationsolicit, encourage, hire or take any other action which is intended to induce or encourage, or has the effect of inducing or encouraging, any employee or independent contractor of the Company or any subsidiary of the Company to terminate his employment or relationship with the Company or any subsidiary of the Company, other than in the discharge of his duties as an officer of the Company. Employee represents In the event that Xxxxxxxx receives a waiver of the “non-competition” provision from the Company, which the Company may or may not grant in its sole discretion, Xxxxxxxx agrees that he has disclosed will waive any further claim for severance and insurance benefits beginning on the date of his employment with a new organization, provided that such new employment is comparable to Xxxxxxxx’x employment with the Company in writing all obligations to third parties which might limit his ability to perform services under this Employment Agreementterms of salary and benefits.