Common use of Employees Covenants Clause in Contracts

Employees Covenants. a. From the Effective Date of this Agreement and continuing until the second (2nd) anniversary of Employee’s termination, Employee shall not interfere with the business of Hyperion by, directly or indirectly, personally or through others, soliciting or attempting to solicit, on Employee’s own behalf or on behalf of any other person or entity, the employment of any employee of Hyperion, or any of Hyperion’s affiliates. During this period, Employee shall not encourage or induce, or take any action that has the effect of encouraging or inducing, any employee of Hyperion, or any of Hyperion’s corporate affiliates, to terminate that employee’s employment. b. For a period of one (1) year following Employee’s termination, Employee shall not hire, or assist any other person in hiring, any person who was an employee of Hyperion on the date of Employee’s termination, to work at Employee’s new place of employment in a position that reports either directly to Employee, or to any other person who reports directly to Employee. c. The parties agree that information relating to the identities, key contact personnel, preferences, needs and circumstances of Hyperion’s customers are trade secrets belonging to Hyperion that are, and necessarily will be, used by Employee, during Employee’s Employment, in the solicitation of business from Hyperion’s customers. As a result, from the Effective Date of this Agreement and continuing until the second (2nd) anniversary of Employee’s termination, Employee shall not, directly or indirectly, personally or through others, solicit, or attempt to solicit (on Employee’s own behalf or on behalf of any other person or entity), the business of any customer, or prospective customer, of Hyperion, or of any of Hyperion’s affiliates, for services or products similar to those sold by Hyperion. Prospective customer means any person or entity whom Employee was involved in contacting or soliciting to become a customer during the six (6) month period prior to Employee’s termination. d. Employee has entered into an employee agreement, relating to confidential information and intellectual property rights, with Hyperion, which is incorporated herein by reference, and survives the termination or expiration of this Agreement. Given the nature of Employee’s Position, the parties agree that from Employee’s termination until the third (3rd) anniversary of such date, it would be practically impossible for Employee to work in a position similar to Employee’s Position with Hyperion, doing similar tasks involved with Employee’s Employment with Hyperion, for certain companies, including their subsidiaries and affiliates, that provide services or products that are similar to those of Hyperion, without disclosing Hyperion’s trade secrets. A list of such companies, which may be amended from time to time by written notice of Hyperion, is attached hereto as Schedule A. e. Commencing on Employee’s termination and continuing thereafter, Employee shall not directly or indirectly, personally or through others, disparage Hyperion, or any of its predecessors, any of their products or services, any of Hyperion’s current or former officers, directors or employees, nor make or solicit any comments, statements, or the like to the media, on the internet, or to others that may be considered derogatory or detrimental to the good name or business reputation of any of the foregoing parties and entities. f. Employee acknowledges and agrees that Employee’s failure to perform any of Employee’s covenants in this section would cause irreparable injury to Hyperion, and cause damages to Hyperion that would be difficult or impossible to ascertain or quantify. Accordingly, without limiting any other remedies that may be available with respect to any breach of this Agreement, Employee consents to the entry of an injunction (without bond) to restrain any breach of this section. g. The covenants in this section shall survive any termination or expiration of this Agreement, and the termination of Employee’s Employment with Hyperion, for any reason.

Employees Covenants. a. From the Effective Date of this Agreement and continuing until the second (2nd) anniversary of Employee’s termination, Employee shall not interfere with the business of Hyperion by, directly or indirectly, personally or through others, soliciting or attempting to solicit, on Employee’s own behalf or on behalf of any other person or entity, the employment of any employee of Hyperion, or any of Hyperion’s affiliates. During this period, Employee shall not encourage or induce, or take any action that has the effect of encouraging or inducing, any employee of Hyperion, or any of Hyperion’s corporate affiliates, to terminate that employee’s employment. b. For a period of one (1) year following Employee’s termination, Employee shall not hire, or assist any other person in hiring, any person who was an employee of Hyperion on the date of Employee’s termination, to work at Employee’s new place of employment in a position that reports either directly to Employee, or to any other person who reports directly to Employee. c. The parties agree that information relating to the identities, key contact personnel, preferences, needs and circumstances of Hyperion’s customers are trade secrets belonging to Hyperion that are, and necessarily will be, used by Employee, during Employee’s Employment, in the solicitation of business from Hyperion’s customers. As a result, from the Effective Date of this Agreement and continuing until the second (2nd) anniversary of Employee’s termination, Employee shall not, directly or indirectly, personally or through others, solicit, or attempt to solicit (on Employee’s own behalf or on behalf of any other person or entity), the business of any customer, or prospective customer, of Hyperion, or of any of Hyperion’s affiliates, for services or products similar to those sold by Hyperion. Prospective customer means any person or entity whom Employee was involved in contacting or soliciting to become a customer during the six (6) month period prior to Employee’s termination. d. c. Employee has entered into an employee agreement, relating to confidential information and intellectual property rights, with Hyperion, which is incorporated herein by reference, and survives the termination or expiration of this Agreement. Given the nature of Employee’s Position, the parties agree that from Employee’s termination until the third (3rd) anniversary of such date, it would be practically impossible for Employee to work in a position similar to Employee’s Position with Hyperion, doing similar tasks involved with Employee’s Employment with Hyperion, for certain companies, including their subsidiaries and affiliates, that provide services or products that are similar to those of Hyperion, without disclosing Hyperion’s trade secrets. A list of such companies, which may be amended from time to time by written notice of Hyperion, is attached hereto as Schedule A. e. d. Commencing on Employee’s termination and continuing thereafter, Employee shall not directly or indirectly, personally or through others, disparage Hyperion, or any of its predecessors, any of their products or services, any of Hyperion’s current or former officers, directors or employees, nor make or solicit any comments, statements, or the like to the media, on the internet, or to others that may be considered derogatory or detrimental to the good name or business reputation of any of the foregoing parties and entities. f. e. Employee acknowledges and agrees that Employee’s failure to perform any of Employee’s covenants in this section would cause irreparable injury to Hyperion, and cause damages to Hyperion that would be difficult or impossible to ascertain or quantify. Accordingly, without limiting any other remedies that may be available with respect to any breach of this Agreement, Employee consents to the entry of an injunction (without bond) to restrain any breach of this section. g. f. The covenants in this section shall survive any termination or expiration of this Agreement, and the termination of Employee’s Employment with Hyperion, for any reason.

Employees Covenants. a. From the Effective Date of this Agreement and continuing until the second (2nd) anniversary of Employee’s 's termination, Employee shall not interfere with the business of Hyperion by, directly or indirectly, personally or through others, soliciting or attempting to solicit, on Employee’s 's own behalf or on behalf of any other person or entity, the employment of any employee of Hyperion, or any of Hyperion’s 's affiliates. During this period, Employee shall not encourage or induce, or take any action that has the effect of encouraging or inducing, any employee of Hyperion, or any of Hyperion’s 's corporate affiliates, to terminate that employee’s 's employment. b. For a period of one (1) year following Employee’s 's termination, Employee shall not hire, or assist any other person in hiring, any person who was an employee of Hyperion on the date of Employee’s 's termination, to work at Employee’s 's new place of employment in a position that reports either directly to Employee, or to any other person who reports directly to Employee. c. The parties agree that information relating to the identities, key contact personnel, preferences, needs and circumstances of Hyperion’s 's customers are trade secrets belonging to Hyperion that are, and necessarily will be, used by Employee, during Employee’s 's Employment, in the solicitation of business from Hyperion’s 's customers. As a result, from the Effective Date of this Agreement and continuing until the second (2nd) anniversary of Employee’s 's termination, Employee shall not, directly or indirectly, personally or through others, solicit, or attempt to solicit (on Employee’s 's own behalf or on behalf of any other person or entity), the business of any customer, or prospective customer, of Hyperion, or of any of Hyperion’s 's affiliates, for services or products similar to those sold by Hyperion. Prospective customer means any person or entity whom Employee was involved in contacting or soliciting to become a customer during the six (6) month period prior to Employee’s 's termination. d. Employee has entered into an employee agreement, relating to confidential information and intellectual property rights, with Hyperion, which is incorporated herein by reference, and survives the termination or expiration of this Agreement. Given the nature of Employee’s 's Position, the parties agree that from Employee’s 's termination until the third (3rd) anniversary of such date, it would be practically impossible for Employee to work in a position similar to Employee’s 's Position with Hyperion, doing similar tasks involved with Employee’s 's Employment with Hyperion, for certain companies, including their subsidiaries and affiliates, that provide services or products that are similar to those of Hyperion, without disclosing Hyperion’s 's trade secrets. A list of such companies, which may be amended from time to time by written notice of Hyperion, is attached hereto as Schedule A. e. The state of California has certain statutory and common law restrictions on non-competition agreements between employers and employees, and it is not the intent of Hyperion to violate or circumvent those restrictions. However, to the extent that Employee resides and Employee's principal place of employment is outside of the state of California, then during the period from the Effective Date of this Agreement and continuing until the second (2nd) anniversary of Employee's Executive Employment Agreement (v.10.0 7/04) - Hyperion Confidential termination, Employee shall not, directly or indirectly (other than on behalf of Hyperion or with Hyperion's prior written consent), engage in any competitive business activity, as defined below, in any of the locations listed in Schedule B, attached hereto. If conditions of subsection 4.e apply, the foregoing two (2) year period shall be reduced to one (1) year. Competitive business activity means: i. engaging in, or managing or directing persons engaged in, any business in which Hyperion, or any of Hyperion's affiliates, is engaged at the time of Employee's termination, whether independently or as an employee, agent, consultant, advisor, independent contractor, proprietor, partner, officer, director or otherwise; or ii. acquiring, having an ownership interest in, participating in the financing, operation, management or control of, any entity that derives more than fifteen percent (15%) of its gross revenues from any business in which Hyperion, or any of Hyperion's affiliates, is engaged at the time of Employee's termination, except for the ownership of one percent (1%), or less, of any entity whose securities are freely tradable on an established market. f. Commencing on Employee’s 's termination and continuing thereafter, Employee shall not directly or indirectly, personally or through others, disparage Hyperion, or any of its predecessors, any of their products or services, any of Hyperion’s 's current or former officers, directors or employees, nor make or solicit any comments, statements, or the like to the media, on the internet, or to others that may be considered derogatory or detrimental to the good name or business reputation of any of the foregoing parties and entities. f. g. Employee acknowledges and agrees that Employee’s 's failure to perform any of Employee’s 's covenants in this section would cause irreparable injury to Hyperion, and cause damages to Hyperion that would be difficult or impossible to ascertain or quantify. Accordingly, without limiting any other remedies that may be available with respect to any breach of this Agreement, Employee consents to the entry of an injunction (without bond) to restrain any breach of this section. g. h. The covenants in this section shall survive any termination or expiration of this Agreement, and the termination of Employee’s 's Employment with Hyperion, for any reason.

Employees Covenants. a. From the Effective Date of this Agreement and continuing until the second (2nd) anniversary of Employee’s termination, Employee shall not interfere with the business of Hyperion by, directly or indirectly, personally or through though others, soliciting or attempting to solicit, on Employee’s own behalf or on behalf of any other person or entity, the employment of any employee of Hyperion, or any of Hyperion’s affiliates. During this period, Employee shall not encourage or induce, or take any action that has the effect of encouraging or inducing, any employee of Hyperion, or any of Hyperion’s corporate affiliates, to terminate that employee’s employment. b. For a period of one (1) year following Employee’s termination, Employee shall not hire, or assist any other person in hiring, any person who was an employee of Hyperion on the date of Employee’s termination, to work at Employee’s new place of employment in a position that reports either directly to Employee, or to any other person who reports directly to Employee. c. The parties agree that information relating to the identities, key contact personnel, preferences, needs and circumstances of Hyperion’s customers are trade secrets belonging to Hyperion that are, and necessarily will be, used by Employee, during Employee’s Employment, in the solicitation of business from Hyperion’s customers. As a result, from the Effective Date of this Agreement and continuing until the second (2nd) anniversary of Employee’s termination, Employee shall not, directly or indirectly, personally or through others, solicit, or attempt to solicit (on Employee’s own behalf or on behalf of any other person or entity), the business of any customer, or prospective customer, of Hyperion, or of any of Hyperion’s affiliates, for services or products similar to those sold by Hyperion. Prospective customer means any person or entity whom Employee was involved in contacting or soliciting to become a customer during the six (6) month period prior to Employee’s termination. d. Employee has entered into an employee agreement, relating to confidential information and intellectual property rights, with Hyperion, which is incorporated herein by reference, and survives the termination or expiration of this Agreement. Given the nature of Employee’s Position, the parties agree that from Employee’s termination until the third (3rd) anniversary of such date, it would be practically impossible for Employee to work in a position similar to Employee’s Position with Hyperion, doing similar tasks involved with Employee’s Employment with Hyperion, for certain companies, including their subsidiaries and affiliates, that provide services or products that are similar to those of Hyperion, without disclosing Hyperion’s trade secrets. A list of such companies, which may be amended from time to time by written notice of Hyperion, is attached hereto as Schedule A. e. Commencing on Employee’s termination and continuing thereafter, Employee shall not directly or indirectly, personally or through others, disparage Hyperion, or any of its predecessors, any of their products or services, any of Hyperion’s current or former officers, directors or employees, nor make or solicit any comments, statements, or the like to the media, on the internet, or to others that may be considered derogatory or detrimental to the good name or business reputation of any of the foregoing parties and entities. f. Employee acknowledges and agrees that Employee’s failure to perform any of Employee’s covenants in this section would cause irreparable injury to Hyperion, and cause damages to Hyperion that would be difficult or impossible to ascertain or quantify. Accordingly, without limiting any other remedies that may be available with respect to any breach of this Agreement, Employee consents to the entry of an injunction (without bond) to restrain any breach of this section. g. The covenants in this section shall survive any termination or expiration of this Agreement, and the termination of Employee’s Employment with Hyperion, for any reason.

Employees Covenants. a. From the Effective Date of this Agreement and continuing until the second (2nd) anniversary of Employee’s termination, Employee shall not interfere with the business of Hyperion by, directly or indirectly, personally or through others, soliciting or attempting to solicit, on Employee’s own behalf or on behalf of any other person or entity, the employment of any employee of Hyperion, or any of Hyperion’s affiliates. During this period, Employee shall not encourage or induce, or take any action that has the effect of encouraging or inducing, any employee of Hyperion, or any of Hyperion’s corporate affiliates, to terminate that employee’s employment. b. For a period of one (1) year following Employee’s termination, Employee shall not hire, or assist any other person in hiring, any person who was an employee of Hyperion on the date of Employee’s termination, to work at Employee’s new place of employment in a position that reports either directly to Employee, or to any other person who reports directly to Employee. c. The parties agree that information relating to the identities, key contact personnel, preferences, needs and circumstances of Hyperion’s customers are trade secrets belonging to Hyperion that are, and necessarily will be, used by Employee, during Employee’s Employment, in the solicitation of business from Hyperion’s customers. As a result, from the Effective Date of this Agreement and continuing until the second (2nd) anniversary of Employee’s termination, Employee shall not, directly or indirectly, personally or through others, solicit, or attempt to solicit (on Employee’s own behalf or on behalf of any other person or entity), the business of any customer, or prospective customer, of Hyperion, or of any of Hyperion’s affiliates, for services or products similar to those sold by Hyperion. Prospective customer means any person or entity whom Employee was involved in contacting or soliciting to become a customer during the six (6) month period prior to Employee’s termination. d. Employee has entered into an employee agreement, relating to confidential information and intellectual property rights, with Hyperion, which is incorporated herein by reference, and survives the termination or expiration of this Agreement. Given the nature of Employee’s Position, the parties agree that from Employee’s termination until the third (3rd) anniversary of such date, it would be practically impossible for Employee to work in a position similar to Employee’s Position with Hyperion, doing similar tasks involved with Employee’s Employment with Hyperion, for certain companies, including their subsidiaries and affiliates, that provide services or products that are similar to those of Hyperion, without disclosing Hyperion’s trade secrets. A list of such companies, which may be amended from time to time by written notice of Hyperion, is attached hereto as Schedule A. e. The state of California has certain statutory and common law restrictions on non-competition agreements between employers and employees, and it is not the intent of Hyperion to violate or circumvent those restrictions. However, to the extent that Employee resides and Employee’s principal place of employment is outside of the state of California, then during the period from the Effective Date of this Agreement and continuing until the second (2nd) anniversary of Employee’s termination, Employee shall not, directly or indirectly (other than on behalf of Hyperion or with Hyperion’s prior written consent), engage in any competitive business activity, as defined below, in any of the locations listed in Schedule B, attached hereto. If conditions of subsection 3.e apply, the foregoing two (2) year period shall be reduced to one (1) year. Competitive business activity means: i. engaging in, or managing or directing persons engaged in, any business in which Hyperion, or any of Hyperion’s affiliates, is engaged at the time of Employee’s termination, whether independently or as an employee, agent, consultant, advisor, independent contractor, proprietor, partner, officer, director or otherwise; or ii. acquiring, having an ownership interest in, participating in the financing, operation, management or control of, any entity that derives more than fifteen percent (15%) of its gross revenues from any business in which Hyperion, or any of Hyperion’s affiliates, is engaged at the time of Employee’s termination, except for the ownership of one percent (1%), or less, of any entity whose securities are freely tradable on an established market. f. Commencing on Employee’s termination and continuing thereafter, Employee shall not directly or indirectly, personally or through others, disparage Hyperion, or any of its predecessors, any of their products or services, any of Hyperion’s current or former officers, directors or employees, nor make or solicit any comments, statements, or the like to the media, on the internet, or to others that may be considered derogatory or detrimental to the good name or business reputation of any of the foregoing parties and entities. f. g. Employee acknowledges and agrees that Employee’s failure to perform any of Employee’s covenants in this section would cause irreparable injury to Hyperion, and cause damages to Hyperion that would be difficult or impossible to ascertain or quantify. Accordingly, without limiting any other remedies that may be available with respect to any breach of this Agreement, Employee consents to the entry of an injunction (without bond) to restrain any breach of this section. g. h. The covenants in this section shall survive any termination or expiration of this Agreement, and the termination of Employee’s Employment with Hyperion, for any reason.

Employees Covenants. a. From the Effective Date of this Agreement and continuing until the second (2nd) anniversary of Employee’s 's termination, Employee shall not interfere with the business of Hyperion by, directly or indirectly, personally or through others, soliciting or attempting to solicit, on Employee’s 's own behalf or on behalf of any other person or entity, the employment of any employee of Hyperion, or any of Hyperion’s 's affiliates. During this period, Employee shall not encourage or induce, or take any action that has the effect of encouraging or inducing, any employee of Hyperion, or any of Hyperion’s 's corporate affiliates, to terminate that employee’s 's employment. b. For a period of one (1) year following Employee’s 's termination, Employee shall not hire, or assist any other person in hiring, any person who was an employee of Hyperion on the date of Employee’s 's termination, to work at Employee’s 's new place of employment in a position that reports either directly to Employee, or to any other person who reports directly to Employee. c. The parties agree that information relating to the identities, key contact personnel, preferences, needs and circumstances of Hyperion’s 's customers are trade secrets belonging to Hyperion that are, and necessarily will be, used by Employee, during Employee’s 's Employment, in the solicitation of business from Hyperion’s 's customers. As a result, from the Effective Date of this Agreement and continuing until the second (2nd) anniversary of Employee’s 's termination, Employee shall not, directly or indirectly, personally or through others, solicit, or attempt to solicit (on Employee’s 's own behalf or on behalf of any other person or entity), the business of any customer, or prospective customer, of Hyperion, or of any of Hyperion’s 's affiliates, for services or products similar to those sold by Hyperion. Prospective customer means any person or entity whom Employee was involved in contacting or soliciting to become a customer during the six (6) month period prior to Employee’s 's termination. d. Employee has entered into an employee agreement, relating to confidential information and intellectual property rights, with Hyperion, which is incorporated herein by reference, and survives the termination or expiration of this Agreement. Given the nature of Employee’s 's Position, the parties agree that from Employee’s 's termination until the third (3rd) anniversary of such date, it would be practically impossible for Employee to work in a position similar to Employee’s 's Position with Hyperion, doing similar tasks involved with Employee’s 's Employment with Hyperion, for certain companies, including their subsidiaries and affiliates, that provide services or products that are similar to those of Hyperion, without disclosing Hyperion’s 's trade secrets. A list of such companies, which may be amended from time to time by written notice of Hyperion, is attached hereto as Schedule A. e. The state of California has certain statutory and common law restrictions on non-competition agreements between employers and employees, and it is not the intent of Hyperion to violate or circumvent those restrictions. However, to the extent that Employee resides and Employee's principal place of employment is outside of the state of California, then during the period from the Effective Date of this Agreement and continuing until the second (2nd) anniversary of Employee's termination, Employee shall not, directly or indirectly (other than on behalf of Hyperion or with Hyperion's prior written consent), engage in any competitive business activity, as defined below, in any of the locations listed in Schedule B, attached Executive Employment Agreement (v.10.0 7/04) - Hyperion Confidential hereto. If conditions of subsection 4.e apply, the foregoing two (2) year period shall be reduced to one (1) year. Competitive business activity means: i. engaging in, or managing or directing persons engaged in, any business in which Hyperion, or any of Hyperion's affiliates, is engaged at the time of Employee's termination, whether independently or as an employee, agent, consultant, advisor, independent contractor, proprietor, partner, officer, director or otherwise; or ii. acquiring, having an ownership interest in, participating in the financing, operation, management or control of, any entity that derives more than fifteen percent (15%) of its gross revenues from any business in which Hyperion, or any of Hyperion's affiliates, is engaged at the time of Employee's termination, except for the ownership of one percent (1%), or less, of any entity whose securities are freely tradable on an established market. f. Commencing on Employee’s 's termination and continuing thereafter, Employee shall not directly or indirectly, personally or through others, disparage Hyperion, or any of its predecessors, any of their products or services, any of Hyperion’s 's current or former officers, directors or employees, nor make or solicit any comments, statements, or the like to the media, on the internet, or to others that may be considered derogatory or detrimental to the good name or business reputation of any of the foregoing parties and entities. f. g. Employee acknowledges and agrees that Employee’s 's failure to perform any of Employee’s 's covenants in this section would cause irreparable injury to Hyperion, and cause damages to Hyperion that would be difficult or impossible to ascertain or quantify. Accordingly, without limiting any other remedies that may be available with respect to any breach of this Agreement, Employee consents to the entry of an injunction (without bond) to restrain any breach of this section. g. h. The covenants in this section shall survive any termination or expiration of this Agreement, and the termination of Employee’s 's Employment with Hyperion, for any reason.

Employees Covenants. a. From the Effective Date of this Agreement and continuing until the second (2nd) anniversary of Employee’s termination, Employee shall not interfere with the business of Hyperion by, directly or indirectly, personally or through others, soliciting or attempting to solicit, on Employee’s own behalf or on behalf of any other person or entity, the employment of any employee of Hyperion, or any of Hyperion’s affiliates. During this period, Employee shall not encourage or induce, or take any action that has the effect of encouraging or inducing, any employee of Hyperion, or any of Hyperion’s corporate affiliates, to terminate that employee’s employment. Notwithstanding the forgoing, or any other term in this Agreement, Employee may solicit and hire Employee’s executive assistant away from Hyperion. b. For a period of one hundred and twenty days (1120) year days following Employee’s termination, Employee shall not hire, or assist any other person in hiring, any person who was an employee of Hyperion on the date of Employee’s termination, to work at Employee’s new place of employment in a position that reports either directly to Employee, or to any other person who reports directly to Employee. c. The parties agree that information relating to the identities, key contact personnel, preferences, needs and circumstances of Hyperion’s customers are trade secrets belonging to Hyperion that are, and necessarily will be, used by Employee, during Employee’s Employment, in the solicitation of business from Hyperion’s customers. As a result, from From the Effective Date of this Agreement and continuing until the second (2nd) anniversary of Employee’s termination, Employee shall notnot use any confidential information Employee obtained during Employee’s Employment with Hyperion to, directly or indirectly, personally or through others, solicit, or attempt to solicit (on Employee’s own behalf or on behalf of any other person or entity), the business of any customer, or prospective customer, of Hyperion, or of any of Hyperion’s affiliates, for services or products similar to those sold by Hyperion. Prospective customer means any person or entity whom Employee was involved in contacting or soliciting to become a customer during the six (6) month period prior to Employee’s termination. d. Employee has entered into an employee agreement, relating to confidential information and intellectual property rights, Employee Proprietary Information Agreement with Hyperion, which is incorporated herein by reference, and survives the termination or expiration of this Agreement. Given the nature of Employee’s Position, the parties agree Employee understands that from Employee’s termination until the third (3rd) anniversary of such date, it would may be practically impossible not be possible for Employee to work in a position similar to Employee’s Position with Hyperion, doing similar tasks involved with Employee’s Employment with Hyperion, for certain companies, including their subsidiaries and affiliatesthe companies listed in Schedule A (attached hereto), that provide services or products that are similar to those of Hyperion, without disclosing Hyperion’s trade secrets. A list of such companies, which may be amended from time to time by written notice of Hyperion, is attached hereto as Schedule A. e. Commencing on Employee’s termination and continuing thereafter, Employee shall not directly or indirectly, personally or through others, disparage Hyperion, or any of its predecessors, any of their products or services, any of Hyperion’s current or former officers, directors or employees, nor make or solicit any comments, statements, or the like to the media, on the internet, or to others that may be considered derogatory or detrimental to the good name or business reputation of any secrets in violation of the foregoing parties and entitiesEmployee Proprietary Information Agreement. f. Employee acknowledges and agrees that Employee’s failure to perform any of Employee’s covenants in this section would cause irreparable injury to Hyperion, and cause damages to Hyperion that would be difficult or impossible to ascertain or quantify. Accordingly, without limiting any other remedies that may be available with respect to any breach of this Agreement, Employee consents to the entry of an injunction (without bond) to restrain any breach of this section. g. The covenants in this section shall survive any termination or expiration of this Agreement, and the termination of Employee’s Employment with Hyperion, for any reason.