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

Covenants Not to Solicit or Compete. In the event that Employee's employment is terminated for any reason by Employer or by Employee, Employee does hereby agree and covenant not to directly or indirectly solicit by any means insurance, financial services, insurance agency, agency consulting or loan business from any clients, franchise agents or lenders of Employer or any of the Employer Companies for a period of two (2) years from and after the effective date of termination of employment. Employee agrees that he will not, for a period of two (2) years following termination of employment with Employer, directly or indirectly, solicit or hire any of the franchise agents, brokers, producers or employees of Employer or any of the Employer Companies to work for or contract with Employee or any person or company competitive with Employer or any of the Employer Companies. If Employee breaches this paragraph, Employer shall be entitled to all damages that result from each and every individual breach, in addition to any other remedies, including equitable remedies, that Employer may have. Employee and Employer agree that (1) during the period of Employee's employment hereunder, Employee will not undertake, engage in, or be directly or indirectly involved in the planning, organization, funding or operation of any business activity competitive with either the work Employee performs or any of the lines of business in which Employer or any of the Employer Companies is engaged; and (2) for two years after the effective date of Employee's termination of employment under this Agreement for any reason or no reason at all, Employee shall not engage in, or own or control any interest in (except as a passive investor in less than one percent of the outstanding securities of a publicly held company), or act as an officer, director or employee of, broker or producer for, or consultant, advisor or lender to, any firm, corporation, partnership, limited liability company, sole proprietorship, institution, business or entity that engages in any line of business that is competitive with any Line of Business of Employer and any of the Employer Companies (as defined below) in any state in the United States in which such Line of Business of Employer and any of the Employer Companies operates as of the effective date of the termination of Employee's employment under this Agreement. "Line of Business of Employer and any of the Employer Companies" means the insurance agency business, the business of franchising insurance agencies, the business of providing consulting services to insurance agencies, the business of lending money to franchisees, insurance agencies, insurance agents or funeral homes, the wholesale insurance brokerage business, the funeral home business, the business of franchising funeral homes, and any other line of business of Brooke Corporation and all of its subsidiaries, the revenues of which constituted 10% or more of the consolidated revenues for Brooke Corporation for the fiscal year of Brooke Corporation completed on, or most recently completed prior to, Employee's last day of employment under this Agreement. The running of the two-year period specified in this paragraph shall be suspended during any period of violation and/or any period of time required to enforce this covenant by settlement, mediation, arbitration, litigation, threat of arbitration or threat of litigation. Nothing in this paragraph shall preclude Employee from having an ownership interest in a franchise granted by either Brooke Franchise Corporation or another Employer Company or having an employment or subagent relationship with a franchise granted by either Brooke Franchise Corporation or another Employer Company. Employee and Employer agree that the prohibitions contained in the foregoing covenants not to solicit, the non-competition covenant and the provisions of this Agreement pertaining to confidential information of Employer and the Employer Companies are reasonable and necessary and Employee's salary, employment and association with Employer and/or the opportunities which are afforded to Employee are ample consideration for these restrictions. Employee and Employer agree that, should any provisions of any covenant or other portion of this Agreement be determined to be invalid, illegal or otherwise unenforceable or unreasonable in scope by any arbitrator to whom a dispute regarding this Agreement has been submitted in accordance with this Agreement, or by any court of competent jurisdiction, the validity, legality and enforceability of the other provisions of this Agreement will not be affected thereby, and the provision found invalid, illegal or otherwise unenforceable or unreasonable will be considered by Employee and Employer to be amended as to scope of protection, time or geographic area (or any one of them, as the case may be) in whatever manner is considered reasonable by that arbitrator or court and, as so amended, will be enforced. Employee and Employer agree that money damages alone will not adequately compensate Employer for breach of the foregoing covenants not to solicit, the non-competition covenant, and the provisions of this Agreement pertaining to confidential information of Employer or the Employer Companies and, therefore, in the event of the breach or threatened breach of any such covenant or provision, in addition to all other remedies available at law, in equity or otherwise, Employer shall be entitled to injunctive relief compelling specific performance of (or other compliance with) the terms thereof.

Covenants Not to Solicit or Compete. In Executive agrees that during the event that Employee's employment is terminated for any reason by Employer or by Employee, Employee does hereby agree and covenant not to directly or indirectly solicit by any means insurance, financial services, insurance agency, agency consulting or loan business from any clients, franchise agents or lenders of Employer or any of the Employer Companies for a period of employment with the Company and for two (2) years from and after the effective date of termination of such employment. Employee agrees that he will , whether voluntary or involuntary, Executive shall not, for a period of two (2) years following termination of employment with Employer, directly or indirectly, solicit or hire any of the franchise agents, brokers, producers or employees of Employer or any of the Employer Companies to work for or contract with Employee or any person or company competitive with Employer or any of the Employer Companies. If Employee breaches this paragraph, Employer shall be entitled to all damages that result from each and every individual breach, in addition to any other remedies, including equitable remedies, that Employer may have. Employee and Employer agree that (1) during the period of Employee's employment hereunder, Employee will not undertake, engage in, undertake or be directly or indirectly involved in the planning, organization, funding or operation of any business activity competitive with either the work Employee performs Executive performed or any the core business of the lines of business in which Employer or any of the Employer Companies is engaged; and (2) for two years after the effective date of Employee's termination of employment under this Agreement for any reason or no reason at allCompanies, Employee shall including, but not engage in, or own or control any interest in (except as a passive investor in less than one percent of the outstanding securities of a publicly held company), or act as an officer, director or employee of, broker or producer for, or consultant, advisor or lender limited to, any firm, corporation, partnership, limited liability company, sole proprietorship, institution, business or entity that engages in any line of business that is competitive with any Line of Business of Employer and any of the Employer Companies (as defined below) in any state in the United States in which such Line of Business of Employer and any of the Employer Companies operates as of the effective date of the termination of Employee's employment under this Agreement. "Line of Business of Employer and any of the Employer Companies" means the insurance agency business, ; the business of franchising insurance agencies, ; the business of providing consulting services to insurance agencies, ; the business of lending money to franchisees, insurance agencies, insurance agents or funeral homes, ; the wholesale insurance brokerage business, ; the banking business; the funeral home business, ; the business of franchising funeral homes, ; and any other line of business competing of Brooke Corporation and all of its subsidiaries, the revenues of which constituted 10% or more of the consolidated revenues for Brooke Corporation for the fiscal year of Brooke Corporation completed on, or most recently completed prior to, Employee's Executive’s last day of employment under this AgreementAgreement (the “Line of Business of Employer”). The running Executive agrees that during the period of employment with the Employer and for two (2) years after the termination of such employment, whether voluntary or involuntary, Executive shall not, directly or indirectly, engage in, own or control any interest in (except as a passive investor in less than five percent (5%) of the two-year period specified outstanding securities of a publicly held company), act as an officer, director or employee of, broker or producer for, or consultant, advisor or lender to any firm, corporation, partnership, limited liability company, sole proprietorship, institution, business or entity in this paragraph shall be suspended during any period the United States that is directly competitive with the Line of violation and/or any period Business of time required to enforce this covenant by settlement, mediation, arbitration, litigation, threat Employer and operates as the effective date of arbitration or threat Executive’s termination of litigationemployment with Employer. Nothing in this paragraph shall preclude Employee Executive from having an ownership interest in a franchise granted by either Brooke Franchise Corporation or another Employer Company or having an employment or subagent relationship with a franchise granted by either Brooke Franchise Corporation or another Employer Company. Employee Executive agrees that during the period of employment with the Company and for two (2) years after the termination of such employment, whether voluntary or involuntary, Executive shall not solicit by any means insurance, financial services, bank services, insurance agency, agency consulting or loan business from any clients, franchise agents or lenders of Employer or any of the Employer Companies. Executive agrees that for a period of two (2) years after the termination of such employment, whether voluntary or involuntary, Executive shall not solicit or hire any of the franchise agents, brokers, producers or Employees of Employer or any of the Employer Companies to work for or contract with Executive or any person or company competitive with Employer or Employer Companies. If Executive breaches this paragraph, Employer shall be entitled to all damages that result from each and every individual breach, in addition to any other remedies, including equitable remedies, that Employer may have. The running of the two-year periods specified in this section of this Agreement shall be suspended during any period of violation or any period of time required to enforce this covenant by settlement, mediation, arbitration, litigation, threat of arbitration or threat of litigation. Executive and Employer agree that the prohibitions contained in the foregoing covenants not to solicit, the non-competition covenant and the provisions of this Agreement pertaining to confidential information Confidential Information of Employer and the Employer Companies are reasonable necessary to protect the Company’s Confidential Information and necessary to preserve the value and Employee's goodwill of the company. Executive and Employer acknowledge and agree that the time, geographic scope and limitations of Executive’s obligations under these sections are reasonable, and Executive’s salary, employment and association with Employer and/or or the opportunities which are afforded to Employee Executive are ample consideration for these restrictions. Employee Executive and Employer agree that, should any provisions of any covenant or other portion the foregoing covenants not to solicit, not to compete, and the provisions of this Agreement pertaining to Confidential Information of Employer or Employer Companies be determined to be invalid, illegal or otherwise illegal, unenforceable or unreasonable in scope by any arbitrator to whom a dispute regarding this Agreement has been submitted in accordance with this Agreement, or by any court of competent jurisdiction, the validity, legality and enforceability of the other provisions of this Agreement will not be affected thereby, and the provision found invalid, illegal or otherwise unenforceable or unreasonable will be considered by Employee Executive and Employer to be amended as to scope of protection, time or geographic area (or any one of them, as the case may be) in whatever manner is considered reasonable by that arbitrator or court and, as so amended, will be enforced. Employee Executive and Employer agree that money damages alone will not adequately compensate Employer for breach of the foregoing covenants not to solicit, the non-competition covenant, and the provisions of this Agreement pertaining to confidential information Confidential Information of Employer or the Employer Companies and, therefore, in the event of the breach or threatened breach of any such covenant or provision, in addition to all other remedies available at law, in equity or otherwise, Employer shall be entitled to injunctive relief compelling specific performance of (or other compliance with) the terms thereof. Executive further agrees that if he breaches any of the provisions of the foregoing covenants not to solicit, the non-competition covenant or the provisions of this Agreement pertaining to Confidential Information of Employer or the Employer Companies, Employer shall no longer be obligated to make any post-termination payments for Executive’s benefit as provided for in this Agreement or as otherwise agreed to by Employer. Employer agrees that, unless required by banking regulators, the prohibitions contained in the foregoing covenants not to solicit and not to compete shall not apply to Executive’s current director relationships and stock ownership in First Community Bancshares, Inc., Overland Park, Kansas, First Community Bank of Xxx’x Summit, Missouri, Holyrood Bancshares, Inc., Holyrood, Kansas and UBT Bancshares Inc., Marysville, Kansas.

Covenants Not to Solicit or Compete. In the event that Employee's ’s employment is terminated for any reason by Employer or by Employee, Employee does hereby agree and covenant not to directly or indirectly solicit by any means insurance, financial services, insurance agency, agency consulting or loan business from any clients, franchise agents or lenders of Employer or any of the Employer Companies for a period of two (2) years from and after the effective date of termination of employment. Employee agrees that he will not, for a period of two (2) years following termination of employment with Employer, directly or indirectly, solicit or hire any of the franchise agents, brokers, producers or employees of Employer or any of the Employer Companies to work for or contract with Employee or any person or company competitive with Employer or any of the Employer Companies. If Employee breaches this paragraph, Employer shall be entitled to all damages that result from each and every individual breach, in addition to any other remedies, including equitable remedies, that Employer may have. Employee and Employer agree that (1) during the period of Employee's ’s employment hereunder, Employee will not undertake, engage in, or be directly or indirectly involved in the planning, organization, funding or operation of any business activity competitive with either the work Employee performs or any of the lines of business in which Employer or any of the Employer Companies is engaged; and (2) for two years after the effective date of Employee's ’s termination of employment under this Agreement for any reason or no reason at all, Employee shall not engage in, or own or control any interest in (except as a passive investor in less than one percent of the outstanding securities of a publicly held company), or act as an officer, director or employee of, broker or producer for, or consultant, advisor or lender to, any firm, corporation, partnership, limited liability company, sole proprietorship, institution, business or entity that engages in any line of business that is competitive with any Line of Business of Employer and any of the Employer Companies (as defined below) in any state in the United States in which such Line of Business of Employer and any of the Employer Companies operates as of the effective date of the termination of Employee's ’s employment under this Agreement. "“Line of Business of Employer and any of the Employer Companies" ” means the insurance agency business, the business of franchising insurance agencies, the business of providing consulting services to insurance agencies, the business of lending money to franchisees, insurance agencies, insurance agents agents, managing general agents, or funeral homes, the wholesale insurance brokerage business, the funeral home business, the business of franchising funeral homes, and any other line of business of Brooke Credit Corporation and all of its affiliates and subsidiaries, the revenues of which constituted 10% or more of the consolidated revenues for Brooke Corporation Credit Corporation, its affiliates or subsidiaries for the fiscal year of Brooke Corporation completed on, or most recently completed prior to, Employee's ’s last day of employment under this Agreement. The running of the two-year period specified in this paragraph shall be suspended during any period of violation and/or any period of time required to enforce this covenant by settlement, mediation, arbitration, litigation, threat of arbitration or threat of litigation. Nothing in this paragraph shall preclude Employee from having an ownership interest in a franchise granted by either Brooke Franchise Corporation or another Employer Company or having an employment or subagent relationship with a franchise granted by either Brooke Franchise Corporation or another Employer Company. Employee and Employer agree that the prohibitions contained in the foregoing covenants not to solicit, the non-competition covenant and the provisions of this Agreement pertaining to confidential information of Employer and the Employer Companies are reasonable and necessary and Employee's ’s salary, employment and association with Employer and/or the opportunities which are afforded to Employee are ample consideration for these restrictions. Employee and Employer agree that, should any provisions of any covenant or other portion of this Agreement be determined to be invalid, illegal or otherwise unenforceable or unreasonable in scope by any arbitrator to whom a dispute regarding this Agreement has been submitted in accordance with this Agreement, or by any court of competent jurisdiction, the validity, legality and enforceability of the other provisions of this Agreement will not be affected thereby, and the provision found invalid, illegal or otherwise unenforceable or unreasonable will be considered by Employee and Employer to be amended as to scope of protection, time or geographic area (or any one of them, as the case may be) in whatever manner is considered reasonable by that arbitrator or court and, as so amended, will be enforced. Employee and Employer agree that money damages alone will not adequately compensate Employer for breach of the foregoing covenants not to solicit, the non-competition covenant, and the provisions of this Agreement pertaining to confidential information of Employer or the Employer Companies and, therefore, in the event of the breach or threatened breach of any such covenant or provision, in addition to all other remedies available at law, in equity or otherwise, Employer shall be entitled to injunctive relief compelling specific performance of (or other compliance with) the terms thereof.

Covenants Not to Solicit or Compete. In the event that Employee's ’s employment is terminated for any reason by Employer or by Employee, Employee does hereby agree and covenant not to directly or indirectly solicit by any means insurance, health, disability or pension plan products, financial services, loan brokerage, insurance agency, insurance brokerage, insurance agency consulting consulting, collateral preservation or loan business from any customers, clients, franchise agents agents, agents, brokers or lenders producers of FLB, Employer or any of the Employer Companies other Protected Parties for a period of two (2) years from and after the effective date of termination of employment. Employee agrees that he will not, for a period of two (2) years following termination of employment with Employer, directly or indirectly, solicit or hire any of the franchise agents, brokers, producers or employees of FLB, Employer or any of the Employer Companies other Protected Parties to work for or contract with Employee or any person or company competitive with FLB, Employer or any of the Employer Companiesother Protected Parties. If Employee breaches this paragraph, Employer shall be entitled to all damages that result from each and every individual breach, in addition to any other remedies, including equitable remedies, that Employer may have. Employee and Employer agree that (1) during the period of Employee's ’s employment hereunder, Employee will not undertake, engage in, or be directly or indirectly involved in the planning, organization, funding or operation of any business activity competitive with either the work Employee performs or any of the lines of business in which FLB, Employer or any of the Employer Companies other Protected Parties is engaged; and (2) for two years after the effective date of Employee's ’s termination of employment under this Agreement for any reason or no reason at all, Employee shall not engage in, or own or control any interest in (except as a passive investor in less than one percent of the outstanding securities of a publicly held company), or act as an officer, director or employee of, broker or producer for, or consultant, advisor or lender to, any firm, corporation, partnership, limited liability company, sole proprietorship, institution, business or entity that engages in any line of business that is competitive with any Line of Business of FLB, Employer and or any of the Employer Companies (as defined below) Affiliate in any state in the United States in which such Line of Business of FLB, Employer and or any of the Employer Companies Affiliate operates as of the effective date of the termination of Employee's ’s employment under this Agreement. "“Line of Business of FLB, Employer and or any of the Employer Companies" Affiliate” means the life insurance agency business, life insurance brokerage business, loan brokerage business, life insurance business, insurance agency business, the wholesale insurance brokerage business, the business of franchising insurance agencies, the business of providing consulting services to managing general agencies, other insurance agenciesagencies or funeral homes, the business of providing collateral preservation services to lenders, the business of lending money to franchisees, insurance agencies, insurance agents or funeral homes, the wholesale insurance brokerage businessbusiness of selling loan participations, the business of selling asset-backed securities, the funeral home business, the business of franchising funeral homes, and any other line of business of Brooke Corporation Employer and all each of its subsidiariesAffiliates, the revenues of which constituted 10% or more of the consolidated revenues for of either Employer or Brooke Corporation for the fiscal year of Employer or Brooke Corporation Corporation, as the case may be, completed on, or most recently completed prior to, Employee's ’s last day of employment under this Agreement. The running of the two-year period specified in this paragraph shall be suspended during any period of violation and/or any period of time required to enforce this covenant by settlement, mediation, arbitration, litigation, threat of arbitration or threat of litigation. Nothing in this paragraph shall preclude Employee from having an ownership interest in a franchise granted by either Brooke Franchise Corporation or another Employer Company Affiliate or having an employment or subagent relationship with a franchise granted by either Brooke Franchise Corporation or another Employer CompanyAffiliate. Employee and Employer agree that the prohibitions contained in the foregoing covenants not to solicit, the non-competition covenant and the provisions of this Agreement pertaining to confidential information of FLB, Employer and the Employer Companies other Protected Parties are reasonable and necessary and Employee's ’s salary, employment and association with Employer and/or the opportunities which are afforded to Employee are ample consideration for these restrictions. Employee and Employer agree that, should any provisions of any covenant or other portion of this Agreement be determined to be invalid, illegal or otherwise unenforceable or unreasonable in scope by any arbitrator to whom a dispute regarding this Agreement has been submitted in accordance with this Agreement, or by any court of competent jurisdiction, the validity, legality and enforceability of the other provisions of this Agreement will not be affected thereby, and the provision found invalid, illegal or otherwise unenforceable or unreasonable will be considered by Employee and Employer to be amended as to scope of protection, time or geographic area (or any one of them, as the case may be) in whatever manner is considered reasonable by that arbitrator or court and, as so amended, will be enforced. Employee and Employer agree that money damages alone will not adequately compensate Employer for breach of the foregoing covenants not to solicit, the non-competition covenant, and the provisions of this Agreement pertaining to confidential information of FLB, Employer or the Employer Companies other Protected Parties and, therefore, in the event of the breach or threatened breach of any such covenant or provision, in addition to all other remedies available at law, in equity or otherwise, Employer shall be entitled to injunctive relief compelling specific performance of (or other compliance with) the terms thereof.

Covenants Not to Solicit or Compete. In The Employee and the event Company agree that Employee's employment is terminated for any reason by Employer the Company would be substantially harmed if the Employee competes with the Company during or by Employee, Employee does hereby agree and covenant not to directly or indirectly solicit by any means insurance, financial services, insurance agency, agency consulting or loan business from any clients, franchise agents or lenders of Employer or any of the Employer Companies for a period of two (2) years from and after the effective date of termination of employment. Employee agrees that he will not, for a period of two (2) years following termination of employment with Employerthe Company. Therefore, in consideration of the offer of employment with the Company and the compensation and benefits offered to him, the Employee agrees that: a. During the Employee’s employment by the Company, the Employee agrees not to plan or otherwise take any preliminary steps, either alone or in concert with others, to set up or engage in any business enterprise that would be in competition with the Company. b. For a period of one (1) year after termination of the Employee’s employment, the Employee will not accept any employment render services for or to any person or entity which is competitive with the Company. c. During the the Employee’s employment with the Company, and for one (1) year immediately following the termination of such employment, the the Employee will not, directly or indirectly, solicit alone or hire in concert with others, induce or attempt to induce for his benefit or that of any third party, any of the franchise agentsCompany’s employees, brokersofficers, producers suppliers consultants, independent contractors or employees vendors who have held any such position or provided any goods or services to the Company at any time during the twelve (12) months preceding the date of Employer or any termination of the Employer Companies employee’s employment, to work for terminate, breach, refrain from entering or otherwise alter such person or organization’s relationship with or obligations to the Company. Furthermore, the Employee may not hire nor contract with any such employee, consultant, independent contractor or vendor during said twelve (12) month period. The Employee understands that the above restraint is necessary in order to reduce the risk that the Company’s Confidential Information, including its Technology, will be disclosed to and/or used by its competitors for their benefit or to its detriment. d. The existence of any person claim or company competitive with Employer or any cause of action by the Employee against the Company shall not constitute a defense to, the enforcement of the Employer Companies. If Employee breaches Employee’s obligations herein. e. Nothing contained in this paragraph, Employer Restrictive Covenants Agreement shall be entitled construed to all damages that result prevent the Employee from each and every individual breachengaging in a lawful profession, in addition to any other remedies, including equitable remedies, that Employer may have. Employee and Employer agree that (1) during the period of Employee's employment hereunder, Employee will not undertake, engage in, trade or be directly or indirectly involved in the planning, organization, funding or operation of any business activity competitive with either the work Employee performs or any of the lines of business in which Employer or any of the Employer Companies is engaged; and (2) for two years after the effective date of Employee's termination of employment under this Agreement for any reason or no reason at all, Employee shall not engage in, or own or control any interest in (except as a passive investor in less than one percent of the outstanding securities of a publicly held company), or act as an officer, director or employee of, broker or producer for, or consultant, advisor or lender to, any firm, corporation, partnership, limited liability company, sole proprietorship, institution, business or entity that engages in any line of business that is competitive with any Line of Business of Employer and any of the Employer Companies (as defined below) in any state in the United States in which such Line of Business of Employer and any of the Employer Companies operates as of the effective date of the termination of the Employee's ’s employment under this Agreementwith the Company. "Line of Business of Employer This Restrictive Covenants Agreement shall be construed only as one which prohibits the Employee from engaging in acts which are unfair to the Company, and any which are in violation of the Employer Companies" means the insurance agency business, the business of franchising insurance agencies, the business of providing consulting services to insurance agencies, the business of lending money to franchisees, insurance agencies, insurance agents or funeral homes, the wholesale insurance brokerage business, the funeral home business, the business of franchising funeral homes, confidence and any other line of business of Brooke Corporation and all of its subsidiaries, the revenues of which constituted 10% or more of the consolidated revenues for Brooke Corporation for the fiscal year of Brooke Corporation completed on, or most recently completed prior to, Employee's last day of employment under this Agreement. The running of the two-year period specified in this paragraph shall be suspended during any period of violation and/or any period of time required to enforce this covenant by settlement, mediation, arbitration, litigation, threat of arbitration or threat of litigation. Nothing in this paragraph shall preclude Employee from having an ownership interest in a franchise granted by either Brooke Franchise Corporation or another Employer Company or having an employment or subagent relationship with a franchise granted by either Brooke Franchise Corporation or another Employer Company. Employee and Employer agree that the prohibitions contained trust reposed in the foregoing covenants not Employee by the Company with respect to solicit, the non-competition covenant and the provisions of this Agreement pertaining to confidential information of Employer and the Employer Companies are reasonable and necessary and Employee's salary, employment and association with Employer and/or the opportunities which are afforded to Employee are ample consideration for these restrictions. Employee and Employer agree that, should any provisions of any covenant or other portion of this Agreement be determined to be invalid, illegal or otherwise unenforceable or unreasonable in scope by any arbitrator to whom a dispute regarding this Agreement has been submitted in accordance with this Agreement, or by any court of competent jurisdiction, the validity, legality and enforceability of the other provisions of this Agreement will not be affected thereby, and the provision found invalid, illegal or otherwise unenforceable or unreasonable will be considered by Employee and Employer to be amended its intellectual property as to scope of protection, time or geographic area (or any one of them, as the case may be) in whatever manner is considered reasonable by that arbitrator or court and, as so amended, will be enforced. Employee and Employer agree that money damages alone will not adequately compensate Employer for breach of the foregoing covenants not to solicit, the non-competition covenant, and the provisions of this Agreement pertaining to confidential information of Employer or the Employer Companies and, therefore, in the event of the breach or threatened breach of any such covenant or provision, in addition to all other remedies available at law, in equity or otherwise, Employer shall be entitled to injunctive relief compelling specific performance of (or other compliance with) the terms thereofdescribed herein.

Covenants Not to Solicit or Compete. In the event that Employee's employment is terminated for any reason by Employer or by Employee, Employee does hereby agree and covenant not to directly or indirectly solicit by any means insurance, financial services, insurance agency, agency consulting or loan business from any clients, franchise agents or lenders of Employer or any of the Employer Companies for a period of two (2) years from and after the effective date of termination of employment. Employee agrees that he she will not, for a period of two (2) years following termination of employment with Employer, directly or indirectly, solicit or hire any of the franchise agents, brokers, producers or employees of Employer or any of the Employer Companies to work for or contract with Employee or any person or company competitive with Employer or any of the Employer Companies. If Employee breaches this paragraph, Employer shall be entitled to all damages that result from each and every individual breach, in addition to any other remedies, including equitable remedies, that Employer may have. Employee and Employer agree that (1) during the period of Employee's employment hereunder, Employee will not undertake, engage in, or be directly or indirectly involved in the planning, organization, funding or operation of any business activity competitive with either the work Employee performs or any of the lines of business in which of Employer or any of the Employer Companies is engaged; and (2) for two years after the effective date of Employee's termination of employment under this Agreement for any reason or no reason at all, Employee shall not engage in, or own or control any interest in (except as a passive investor in less than one percent of the outstanding securities of a publicly held company), or act as an officer, director or employee of, broker or producer for, or consultant, advisor or lender to, any firm, corporation, partnership, limited liability company, sole proprietorship, institution, business or entity that engages in any line of business that is competitive with any Line of Business of Employer and any of the Employer Companies (as defined below) in any state in the United States in which such Line of Business of Employer and any of the Employer Companies operates as of the effective date of the termination of Employee's employment under this Agreement. "Line of Business of Employer and any of the Employer Companies" means the insurance agency business, the business of franchising insurance agencies, the business of providing consulting services to insurance agencies, the business of lending money to franchisees, insurance agencies, insurance agents or funeral homes, the wholesale insurance brokerage business, the funeral home business, the business of franchising funeral homes, and any other line of business of Brooke Corporation and all of its subsidiaries, the revenues of which constituted 10% or more of the consolidated revenues for Brooke Corporation for the fiscal year of Brooke Corporation completed on, or most recently completed prior to, Employee's last day of employment under this Agreement. The running of the two-year period specified in this paragraph shall be suspended during any period of violation and/or any period of time required to enforce this covenant by settlement, mediation, arbitration, litigation, threat of arbitration or threat of litigation. Nothing in this paragraph shall preclude Employee from having an ownership interest in a franchise granted by either Brooke Franchise Corporation or another Employer Company or having an employment or subagent relationship with a franchise granted by either Brooke Franchise Corporation or another Employer Company. Employee and Employer agree that the prohibitions contained in the foregoing covenants not to solicit, the non-competition covenant and the provisions of this Agreement pertaining to confidential information of Employer and the Employer Companies are reasonable and necessary and Employee's salary, employment and association with Employer and/or the opportunities which are afforded to Employee are ample consideration for these restrictions. Employee and Employer agree that, should any provisions of any covenant or other portion of this Agreement be determined to be invalid, illegal or otherwise unenforceable or unreasonable in scope by any arbitrator to whom a dispute regarding this Agreement has been submitted in accordance with this Agreement, or by any court of competent jurisdiction, the validity, legality and enforceability of the other provisions of this Agreement will not be affected thereby, and the provision found invalid, illegal or otherwise unenforceable or unreasonable will be considered by Employee and Employer to be amended as to scope of protection, time or geographic area (or any one of them, as the case may be) in whatever manner is considered reasonable by that arbitrator or court and, as so amended, will be enforced. Employee and Employer agree that money damages alone will not adequately compensate Employer for breach of the foregoing covenants not to solicit, the non-competition covenant, and the provisions of this Agreement pertaining to confidential information of Employer or the Employer Companies and, therefore, in the event of the breach or threatened breach of any such covenant or provision, in addition to all other remedies available at law, in equity or otherwise, Employer shall be entitled to injunctive relief compelling specific performance of (or other compliance with) the terms thereof.