Covenants of Xx. Xxxxxx and Xxxxxx, each for himself, and not with respect to any other party, covenants and agrees to act as follows:
Covenants of Xx. XxXxxxxxxx. In consideration for the execution --------------------------- by Tularik of this Agreement and General Release and compliance with the promises made herein, Xx. XxXxxxxxxx covenants and agrees to apprise Tularik of the date that Xx. XxXxxxxxxx secures employment (as that term is used herein) and the date Xx. XxXxxxxxxx becomes fully eligible for any medical, dental, vision and prescription drug coverage from an employer. Xx. XxXxxxxxxx shall provide Tularik with a paycheck stub evidencing the foregoing on or immediately following the Successor Employment Date. Xx. XxXxxxxxxx covenants and agrees to return and deliver (i) all documents and written materials and (ii) all Tularik- owned property in good repair and working condition to the Tularik corporate offices on or before December 31, 1999. Xx. XxXxxxxxxx will refrain from criticizing, expressly or impliedly, the past and present decisions, policies and practices of Tularik, including its affiliates, and any officer, employee and director thereof and from making any disparaging statements or remarks about Tularik, its affiliates, its directors, officers, employees and those persons having any business relationship with Tularik and its affiliates, including their competitors. Tularik will refrain from making any disparaging statements or remarks about Xx. XxXxxxxxxx or his job performance. Xx. XxXxxxxxxx agrees to be available to assist Tularik and fully cooperate in any matters relating to actions taken or decisions made in his capacity as an employee of Tularik at any time on or before December 31, 1999.
Covenants of Xx. XXXXXXX. 5.1
Covenants of Xx. X. Mellman. Xx. X. Mellman hereby agrees that:
Covenants of Xx. XXXXX. Xx. Xxxxx expressly acknowledges and agrees to the following:
Covenants of Xx. XXXXXXXX.
Covenants of Xx. Xxxxxxx: Xx. Xxxxxxx agrees as follows: Covenant Not to Compete: Xx. Xxxxxxx agrees that he will enter into an agreement (“Non-competition Agreement”) with the Corporation effective upon the date of his retirement as an employee of the Corporation pursuant to which he will agree that for the three year-period following the effective date of Xx. Xxxxxxx’ retirement from LMC, Xx. Xxxxxxx will not, on his own or in association with others, either be directly or indirectly employed by or engage in or be associated with or tender advice or services as an employee, advisor, director, officer, partner, consultant, or otherwise by or with any corporation, partnership, limited liability company, venture or other business entity (whether or not for profit) considered to be a Competitor of LMC. The Non-competition Agreement will also provide that during that three-year period, Xx. Xxxxxxx will agree not to interfere with, disrupt, or attempt to disrupt the relationship, contractual or otherwise, between LMC and any customer, supplier, or employee of LMC. For the purpose of the Non-competition Agreement, the term “Competitor” will mean those companies that the Corporation designates as competitors but will include, at a minimum, the companies included within the S&P Aerospace and Defense Index as well as BAE plc, European Aeronautic Defence and Space Company N.V. (XXXX), SAIC, Inc., Exelis, Inc., Huntington Xxxxxxx Industries, Inc., any subsidiary of such company, or any successor to all or a material part of the business of any such company as a result of a merger, reorganization, consolidation, spin-off, split-up, acquisition, divestiture, operation of law, or similar transaction. Xx. Xxxxxxx agrees that the Non-competition Agreement is in addition to any other non-competition agreement in effect currently or at the time of execution of the Non-competition Agreement.
Covenants of Xx
