Common use of FURTHER OBLIGATIONS OF THE EXECUTIVE DURING AND AFTER EMPLOYMENT Clause in Contracts

FURTHER OBLIGATIONS OF THE EXECUTIVE DURING AND AFTER EMPLOYMENT. (a) The Executive agrees that during the term of his employment under this Agreement and for an additional period of one year, he will engage in no business activities which are or may be competitive with, or which might place him in a competing position to that of, the Company or any Affiliate except as authorized by the Company’s Board of Directors in its reasonable discretion. (b) The Executive realizes that during the course of his employment, the Executive will have produced and/or have access to confidential business plans, information, business opportunity records, notebooks, data, marketing strategies, trade secrets, customer lists and account lists of the Company and its affiliates (“Confidential Information”). Therefore, during or subsequent to his employment by the Company, or by an affiliate, the Executive agrees to hold in confidence and not to directly or indirectly disclose or use or copy or make lists of any such Confidential Information, except to the extent authorized by the Company in writing. All records, files, business plans, documents, equipment and the like, or copies thereof, relating to Company’s business, or the business of an affiliated company, which the Executive shall prepare, or use, or come into contact with, shall remain the sole property of the Company, or of an affiliated company, and shall not be removed from the Company’s or the affiliated company’s premises without its written consent, and shall be promptly returned to the Company upon termination or resignation of employment with the Company or its affiliated companies. (c) Because of his employment by the Company, the Executive will have access to secrets and confidential information about the Company, its business plans, its customers, its business opportunities, its expansion plans into other geographic areas and its methods of doing business. The Executive agrees that for the Term of this Agreement and an additional period of one year he will not take any actions which are calculated to persuade any employee, customer, vendor or supplier of the Company to terminate or modify in any adverse manner his or its association with the Company. (d) In the event a court of competent jurisdiction finds any provision of this Section 4.1 to be so overbroad as to be unenforceable, then such provision shall be reduced in scope by the court, to the extent deemed necessary by the court to render the provision reasonable and enforceable. Executive acknowledges and agrees that any breach of this Agreement by Executive would cause immediate irreparable harm to the Company. Executive agrees that should he violate any of the terms and conditions of this Agreement, the Company, at its sole discretion, shall be entitled to seek to obtain immediate injunctive relief and enjoin further and future violations of this Agreement.

FURTHER OBLIGATIONS OF THE EXECUTIVE DURING AND AFTER EMPLOYMENT. (a) The Executive agrees that during the term of his employment under this Agreement and for an additional period of one year, he will engage in no business activities which are or may be competitive with, or which might place him in a competing position to that of, the Company or any Affiliate except as authorized by the Company’s 's Board of Directors in its reasonable discretionDirectors. The Executive further agrees that he shall not reveal any drawings, designs, patent filings prior to filing, or other information relating to any object, or project which The Company has not made available to the general public. (b) The Executive realizes that during the course of his employment, the Executive will have produced and/or have access to confidential business plans, information, business opportunity records, notebooks, data, marketing strategiesspecifications, trade secrets, customer lists and account lists of the Company and its affiliates Affiliates (“"Confidential Information”"). Therefore, during or and subsequent to his employment by the Company, or by an affiliateAffiliate, the Executive agrees to hold in confidence and not to directly or indirectly disclose or use or copy or make lists of any such Confidential Information, except to the extent authorized by the Company in writing. All records, files, business plans, documents, equipment and the like, or copies thereof, relating to Company’s 's business, or the business of an affiliated companyAffiliate, which the Executive shall prepare, or use, or come into contact with, shall remain the sole property of the Company, or of an affiliated companythe Affiliate, and shall not be removed from the Company’s 's or the affiliated company’s Affiliate's premises without its written consent, and shall be promptly returned to the Company upon termination or resignation of employment with the Company or its affiliated companiesAffiliates. (c) Because of his employment by the Company, the Executive will have access to trade secrets and confidential information about the Company, its business plans, its customersbusiness accounts, its business opportunities, its expansion plans into other geographic areas and its methods of doing business. The Executive agrees that for the Term of this Agreement and an additional period of one year he will not take any actions which are calculated to persuade any employee, customer, vendor or supplier of the Company to terminate or modify in any adverse manner his or its association with the Company. (d) In the event a court of competent jurisdiction finds any provision of this Section 4.1 to be so overbroad as to be unenforceable, then such provision shall be reduced in scope by the court, to the extent deemed necessary by the court to render the provision reasonable and enforceable. The Executive acknowledges and agrees that any breach of this Agreement by the Executive would cause immediate irreparable harm to the Company. The Executive agrees that should he violate any of the terms and conditions of this Agreement, the Company, at its sole discretion, shall be entitled to seek to and obtain immediate injunctive relief and enjoin further and future violations of this Agreement. (e) In the event Executive knowingly and willingly violates either or all of SECTION 4.1 to the economic detriment of Company, Executive will hold harmless, defend and forthwith indemnify company of any and all loss sustained.

FURTHER OBLIGATIONS OF THE EXECUTIVE DURING AND AFTER EMPLOYMENT. (a) The Executive agrees that during the term of his employment under this Agreement and for an additional period of one yearAgreement, he will engage in no other business activities which are or may be competitive with, or which might place him in a competing position to that of, the Company or any Affiliate except as authorized by subsidiary of the Company’s Board of Directors in its reasonable discretion. (b) The Executive realizes that during the course of his employment, the Executive will have produced and/or have access to confidential business plans, information, business opportunity records, notebooks, data, marketing strategiesformula, specifications, trade secrets, customer lists, account lists and account lists inventions of the Company and its affiliates (“Confidential Information”)affiliates. Therefore, during or subsequent to his employment by the Company, or by an affiliate, the Executive agrees to hold in confidence and not to directly or indirectly disclose or use or copy or make lists of any such Confidential Informationinformation, except to the extent authorized by the Company in writing. All records, files, business plans, documents, equipment and the like, or copies thereof, relating to Company’s 's business, or the business of an affiliated company, which the Executive shall prepare, or use, or come into contact with, shall remain the sole property of the Company, or of an affiliated company, and shall not be removed from the Company’s 's or the affiliated company’s 's premises without its written consent, and shall be promptly returned to the Company upon termination or resignation of employment with the Company or its affiliated companies. (c) Because of his employment by the Company, the Executive will have access to secrets and confidential information about the Company, its business plans, its customers, its business opportunities, its expansion plans into other geographic areas and its methods of doing business. The Executive agrees that for the Term of this Agreement and an additional period of one year he will not take any actions which are calculated to persuade any employee, customer, vendor or supplier of the Company to terminate or modify in any adverse manner his or its association with the Company. (d) In the event a court of competent jurisdiction finds any provision of this Section 4.1 to be so overbroad as to be unenforceable, then such provision shall be reduced in scope by the court, but only to the extent deemed necessary by the court to render the provision reasonable and enforceable. Executive acknowledges , it being the Executive's intention to provide the Company with the broadest protection possible against harmful disclosure of confidential information and agrees that any breach of this Agreement by Executive would cause immediate irreparable harm to the Company. Executive agrees that should he violate any of the terms and conditions of this Agreement, the Company, at its sole discretion, shall be entitled to seek to obtain immediate injunctive relief and enjoin further and future violations of this Agreementtrade secrets.

FURTHER OBLIGATIONS OF THE EXECUTIVE DURING AND AFTER EMPLOYMENT. (a) The Executive agrees that during the term of his employment under this Agreement and for an additional period of one year, he will engage in no business activities which are or may be competitive with, or which might place him in a competing position to that of, the Company or any Affiliate except as authorized by the Company’s 's Board of Directors in its reasonable discretionDirectors. The Executive further agrees that he shall not reveal any drawings, designs, patent filings prior to filing, or other information relating to any object, or project which The Company has not made available to the general public. (b) The Executive realizes that during the course of his employment, the Executive will have produced and/or have access to confidential business plans, information, business opportunity records, notebooks, data, marketing strategiesspecifications, trade secrets, customer lists and account lists of the Company and its affiliates Affiliates (“"Confidential Information”"). Therefore, during or and subsequent to his employment by the Company, or by an affiliateAffiliate, the Executive agrees to hold in confidence and not to directly or indirectly disclose or use or copy or make lists of any such Confidential Information, except to the extent authorized by the Company in writing. All records, files, business plans, documents, equipment and the like, or copies thereof, relating to Company’s 's business, or the business of an affiliated companyAffiliate, which the Executive shall prepare, or use, or come into contact with, shall remain the sole property of the Company, or of an affiliated companythe Affiliate, and shall not be removed from the Company’s 's or the affiliated company’s Affiliate's premises without its written consent, and shall be promptly returned to the Company upon termination or resignation of employment with the Company or its affiliated companiesAffiliates. (c) Because of his employment by the Company, the Executive will have access to trade secrets and confidential information about the Company, its business plans, its customersbusiness accounts, its business opportunities, its expansion plans into other geographic areas and its methods of doing business. The Executive agrees that for the Term of this Agreement and an additional period of one year he will not take any actions which are calculated to persuade any employee, customer, vendor or supplier of the Company to terminate toterminate or modify in any adverse manner his or its association with the Company. (d) In the event a court of competent jurisdiction finds any provision of this Section 4.1 to be so overbroad as to be unenforceable, then such provision shall be reduced in scope by the court, to the extent deemed necessary by the court to render the provision reasonable and enforceable. The Executive acknowledges and agrees that any breach of this Agreement by the Executive would cause immediate irreparable harm to the Company. The Executive agrees that should he violate any of the terms and conditions of this Agreement, the Company, at its sole discretion, shall be entitled to seek to and obtain immediate injunctive relief and enjoin further and future violations of this Agreement. (e) In the event Executive knowingly and willingly violates either or all of SECTION 4.1 to the economic detriment of Company, Executive will hold harmless, defend and forthwith indemnify company of any and all loss sustained.

FURTHER OBLIGATIONS OF THE EXECUTIVE DURING AND AFTER EMPLOYMENT. (a) The Executive agrees that during the term of his employment under this Agreement and for an additional period of one yearAgreement, he will engage in no other business activities which are or may be competitive with, or which might place him in a competing position to that of, the Company or any Affiliate except as authorized by subsidiary of the Company’s Board of Directors in its reasonable discretion. (b) The Executive realizes that during the course of his employment, the Executive will have produced and/or have access to confidential business plans, information, business opportunity records, notebooks, data, marketing strategiesformula, specifications, trade secrets, customer lists, account lists and account lists inventions of the Company and its affiliates (“Confidential Information”)affiliates. Therefore, during or subsequent to his employment by the Company, or by an affiliate, the Executive agrees to hold in confidence and not to directly or indirectly disclose or use or copy or make lists of any such Confidential Informationinformation, except to the extent authorized by the Company in writing. All records, files, business plans, documents, equipment and the like, or copies thereof, relating to Company’s 's business, or the business of an affiliated company, which the Executive shall prepare, or use, or come into contact with, shall remain the sole property of the Company, or of an affiliated company, and shall not be removed from the Company’s 's or the affiliated company’s 's premises without its written consent, and shall be promptly returned to the Company upon termination or resignation of employment with the Company or its affiliated companies. (c) Because of his employment by the Company, the Executive will have access to trade secrets and confidential information about the Company, its business plans, its customersbusiness accounts, its business opportunities, its expansion plans into other geographic areas and its methods of doing business. The Executive agrees that for the Term of this Agreement and an additional a period of one (1) year after termination or resignation of his employment, he will not take any actions which are calculated to persuade any employeenot, customerdirectly or indirectly, vendor or supplier of compete with the Company to terminate or modify in any adverse manner his or its association with affiliates in the Companybusiness of designing, marketing or contracting for the manufacture of men's and women's golf apparel and outerwear within the United States. This non-compete agreement shall be void and of no further force or effect in the event the Company fails to pay the Executive amounts required under Section 3.6 hereof. (d) In the event a court of competent jurisdiction finds any provision of this Section 4.1 to be so overbroad overly broad as to be unenforceable, then such provision shall be reduced in scope by the court, but only to the extent deemed necessary by the court to render the provision reasonable and enforceable. Executive acknowledges and agrees that any breach of this Agreement by Executive would cause immediate irreparable harm , it being the Executive's intention to provide the Company. Executive agrees that should he violate any of Company with the terms and conditions of this Agreement, the Company, at its sole discretion, shall be entitled to seek to obtain immediate injunctive relief and enjoin further and future violations of this Agreementbroadest protection possible against harmful competition.

FURTHER OBLIGATIONS OF THE EXECUTIVE DURING AND AFTER EMPLOYMENT. (a) The Executive agrees that during the term of his employment under this Agreement and for an additional period of one yearAgreement, he will engage in no other business activities which are or may be competitive with, or which might place him in a competing position to that of, the Company or any Affiliate except as authorized by subsidiary of the Company’s Board of Directors in its reasonable discretion. (b) The Executive realizes that during the course of his employment, the Executive will have produced and/or have access to confidential business plans, information, business opportunity records, notebooks, data, marketing strategiesformula, specifications, trade secrets, customer lists, account lists and account lists inventions of the Company and its affiliates (“Confidential Information”)affiliates. Therefore, during or subsequent to his employment by the Company, or by an affiliate, the Executive agrees to hold in confidence and not to directly or indirectly disclose or use or copy or make lists of any such Confidential Informationinformation, except to the extent authorized by the Company in writing. All records, files, business plans, documents, equipment and the like, or copies thereof, relating to Company’s business, or the business of an affiliated company, which the Executive shall prepare, or use, or come into contact with, shall remain the sole property of the Company, or of an affiliated company, and shall not be removed from the Company’s or the affiliated company’s premises without its written consent, and shall be promptly returned to the Company upon termination or resignation of employment with the Company or its affiliated companies. (c) Because of his employment by the Company, the Executive will have access to trade secrets and confidential information about the Company, its business plans, its customersbusiness accounts, its business opportunities, its expansion plans into other geographic areas and its methods of doing business. The Executive agrees that for a period of twelve months after termination or resignation of his employment (except if the Term of Executive terminates this Agreement and an additional period of one year for cause under Section 3.4 hereof or without cause under Section 3.5 hereof), he will not take any actions which are calculated to persuade any employeenot, customerdirectly or indirectly, vendor or supplier of compete with the Company to terminate or modify in any adverse manner his or its association with affiliates in the Companybusiness of designing, merchandising, marketing or contracting for the manufacture of men’s and women’s golf apparel and golf outerwear within the United States. This non-compete agreement shall be void and of no further force or effect in the event termination occurs under Section 3.3 or Section 3.7 hereof and the Company fails to pay the Executive amounts required under Section 3.3 or Section 3.7 hereof. (d) In the event this Agreement is terminated by the Company without cause pursuant to Section 3.3, then Executive shall have the right to terminate the non-compete agreement contained in Section 4.1(c) by releasing the Company from its obligation to pay Executive any severance compensation, employee benefits or other form of compensation which might otherwise be payable under this Agreement. Executive shall make such election upon five days’ written notice to the Company. The Executive’s obligations under the non-compete agreement and the Company’s obligation to pay severance compensation, employee benefits and other compensation shall all terminate as of the effective date of the notice described above. (e) In the event a court of competent jurisdiction finds any provision of this Section 4.1 to be so overbroad as to be unenforceable, then such provision shall be reduced in scope by the court, but only to the extent deemed necessary by the court to render the provision reasonable and enforceable. Executive acknowledges and agrees that any breach of this Agreement by Executive would cause immediate irreparable harm , it being the Executive’s intention to provide the Company. Executive agrees that should he violate any of Company with the terms and conditions of this Agreement, the Company, at its sole discretion, shall be entitled to seek to obtain immediate injunctive relief and enjoin further and future violations of this Agreementbroadest protection possible against harmful competition.

FURTHER OBLIGATIONS OF THE EXECUTIVE DURING AND AFTER EMPLOYMENT. (a) The Executive agrees that during the term of his employment under this Agreement and for an additional period of one yearAgreement, he will engage in no other business activities which are or may be competitive with, or which might place him in a competing position to that of, the Company or any Affiliate except as authorized by subsidiary of the Company’s Board of Directors in its reasonable discretion. (b) The Executive realizes that during the course of his employment, the Executive will have produced and/or have access to confidential business plans, information, business opportunity records, notebooks, data, marketing strategiesformula, specifications, trade secrets, customer lists, account lists and account lists inventions of the Company and its affiliates (“Confidential Information”)affiliates. Therefore, during or subsequent to his employment by the Company, or by an affiliate, the Executive agrees to hold in confidence and not to directly or indirectly disclose or use or copy or make lists of any such Confidential Informationinformation, except to the extent authorized by the Company in writing. All records, files, business plans, documents, equipment and the like, or copies thereof, relating to Company’s 's business, or the business of an affiliated company, which the Executive shall prepare, or use, or come into contact with, shall remain the sole property of the Company, or of an affiliated company, and shall not be removed from the Company’s 's or the affiliated company’s 's premises without its written consent, and shall be promptly returned to the Company upon termination or resignation of employment with the Company or its affiliated companies. (c) Because of his employment by the Company, the Executive will have access to trade secrets and confidential information about the Company, its business plans, its customersbusiness accounts, its business opportunities, its expansion plans into other geographic areas and its methods of doing business. The Executive agrees that for a period of twelve months after termination or resignation of his employment (except if the Term of Executive terminates this Agreement and an additional period of one year for cause under Section 3.4 hereof or without cause under Section 3.5 hereof), he will not take any actions which are calculated to persuade any employeenot, customerdirectly or indirectly, vendor or supplier of compete with the Company to terminate or modify in any adverse manner his or its association with affiliates in the Companybusiness of designing, merchandising, marketing or contracting for the manufacture of men's and women's golf apparel and golf outerwear within the United States. This non-compete agreement shall be void and of no further force or effect in the event termination occurs under Section 3.3 or Section 3.7 hereof and the Company fails to pay the Executive amounts required under Section 3.3 or Section 3.7 hereof. (d) In the event this Agreement is terminated by the Company without cause pursuant to Section 3.3, then Executive shall have the right to terminate the non-compete agreement contained in Section 4.1(c) by releasing the Company from its obligation to pay Executive any severance compensation, employee benefits or other form of compensation which might otherwise be payable under this Agreement. Executive shall make such election upon five days' written notice to the Company. The Executive's obligations under the non- compete agreement and the Company's obligation to pay severance compensation, employee benefits and other compensation shall all terminate as of the effective date of the notice described above. (e) In the event a court of competent jurisdiction finds any provision of this Section 4.1 to be so overbroad as to be unenforceable, then such provision shall be reduced in scope by the court, but only to the extent deemed necessary by the court to render the provision reasonable and enforceable. Executive acknowledges and agrees that any breach of this Agreement by Executive would cause immediate irreparable harm , it being the Executive's intention to provide the Company. Executive agrees that should he violate any of Company with the terms and conditions of this Agreement, the Company, at its sole discretion, shall be entitled to seek to obtain immediate injunctive relief and enjoin further and future violations of this Agreementbroadest protection possible against harmful competition.

FURTHER OBLIGATIONS OF THE EXECUTIVE DURING AND AFTER EMPLOYMENT. (a) The Executive agrees that during the term of his her employment under this Agreement and for an additional period of one yearAgreement, he she will engage in no other business activities which are or may be competitive with, or which might place him her in a competing position to that of, the Company or any Affiliate except as authorized by subsidiary of the Company’s Board of Directors in its reasonable discretion. (b) The Executive realizes that during the course of his her employment, the Executive will have produced and/or have access to confidential business plans, information, business opportunity records, notebooks, data, marketing strategiesformula, specifications, trade secrets, customer lists, account lists and account lists inventions of the Company and its affiliates (“Confidential Informationconfidential information”). Therefore, during or subsequent to his her employment by the Company, or by an affiliate, the Executive agrees to hold in confidence and not to directly or indirectly disclose or use or copy or make lists of any such Confidential Informationconfidential information, except to the extent authorized by the Company in writing, or unless the Executive is ordered by a court to produce, provided the Executive promptly notifies the Company of receipt of any order or motion to require the production of any portion of the confidential information. All confidential information, records, files, business plans, documents, equipment and the like, or copies thereof, relating to Company’s business, or the business of an affiliated company, which the Executive shall prepare, or use, or come into contact with, shall remain the sole property of the Company, or of an affiliated company, and shall not be removed from the Company’s or the affiliated company’s premises without its written consent, and shall be promptly returned to the Company upon termination or resignation of employment with the Company or its affiliated companies. (c) Because of his her employment by the Company, the Executive will have access to trade secrets and confidential information about the Company, its business plans, its customersbusiness accounts, its business opportunities, its expansion plans into other geographic areas and its methods of doing business. The Executive agrees that for the Term of this Agreement and an additional a period of one (1) year he after termination or resignation of her employment (except if the Executive terminates this Agreement for cause under Section 3.4 hereof), she will not take any actions which are calculated to persuade any employeenot, customerdirectly or indirectly, vendor or supplier of compete with the Company to terminate or modify in any adverse manner his or its association with affiliates in the Companybusiness of designing, merchandising, marketing or contracting for the manufacture of men’s and women’s golf apparel, golf outerwear or golf headwear within the United States. This non-compete agreement shall be void and of no further force or effect in the event termination occurs under Section 3.3 or Section 3.7 hereof and the Company fails to pay the Executive amounts required under Section 3.3 or Section 3.7 hereof. (d) In the event a court of competent jurisdiction finds any provision of this Section 4.1 to be so overbroad as to be unenforceable, then such provision shall be reduced in scope by the court, but only to the extent deemed necessary by the court to render the provision reasonable and enforceable. Executive acknowledges and agrees that any breach of this Agreement by Executive would cause immediate irreparable harm , it being the Executive’s intention to provide the Company. Executive agrees that should he violate any of Company with the terms and conditions of this Agreement, the Company, at its sole discretion, shall be entitled to seek to obtain immediate injunctive relief and enjoin further and future violations of this Agreementbroadest protection possible against harmful competition.

FURTHER OBLIGATIONS OF THE EXECUTIVE DURING AND AFTER EMPLOYMENT. (a) The Executive agrees that during the term of his her employment under this Agreement and for an additional period of one yearAgreement, he she will engage in no other business activities which are or may be competitive with, or which might place him her in a competing position to that of, the Company or any Affiliate except as authorized by subsidiary of the Company’s Board of Directors in its reasonable discretion. (b) The Executive realizes that during the course of his her employment, the Executive will have produced and/or have access to confidential business plans, information, business opportunity records, notebooks, data, marketing strategiesformula, specifications, trade secrets, customer lists, account lists and account lists inventions of the Company and its affiliates (“Confidential Information”)affiliates. Therefore, during or subsequent to his her employment by the Company, or by an affiliate, the Executive agrees to hold in confidence and not to directly or indirectly disclose or use or copy or make lists of any such Confidential Informationinformation, except to the extent authorized by the Company in writing. All records, files, business plans, documents, equipment and the like, or copies thereof, relating to Company’s 's business, or the business of an affiliated company, which the Executive shall prepare, or use, or come into contact with, shall remain the sole property of the Company, or of an affiliated company, and shall not be removed from the Company’s 's or the affiliated company’s 's premises without its written consent, and shall be promptly returned to the Company upon termination or resignation of employment with the Company or its affiliated companies. (c) Because of his her employment by the Company, the Executive will have access to trade secrets and confidential information about the Company, its business plans, its customersbusiness accounts, its business opportunities, its expansion plans into other geographic areas and its methods of doing business. The Executive agrees that for the Term of this Agreement and an additional a period of one (1) year he after termination or resignation of her employment (except if the Executive terminates this Agreement for cause under Section 3.5 hereof), she will not take any actions which are calculated to persuade any employeenot, customerdirectly or indirectly, vendor or supplier of compete with the Company to terminate or modify in any adverse manner his or its association with affiliates in the Companybusiness of designing, merchandising, marketing or contracting for the manufacture of men's and women's golf apparel, golf outerwear or golf headwear within the United States. This non-compete agreement shall be void and of no further force or effect in the event termination occurs under Section 3.3 or Section 3.7 hereof and the Company fails to pay the Executive amounts required under Section 3.3 or Section 3.7 hereof. (d) In the event a court of competent jurisdiction finds any provision of this Section 4.1 to be so overbroad as to be unenforceable, then such provision shall be reduced in scope by the court, but only to the extent deemed necessary by the court to render the provision reasonable and enforceable. Executive acknowledges and agrees that any breach of this Agreement by Executive would cause immediate irreparable harm , it being the Executive's intention to provide the Company. Executive agrees that should he violate any of Company with the terms and conditions of this Agreement, the Company, at its sole discretion, shall be entitled to seek to obtain immediate injunctive relief and enjoin further and future violations of this Agreementbroadest protection possible against harmful competition.

FURTHER OBLIGATIONS OF THE EXECUTIVE DURING AND AFTER EMPLOYMENT. (a) The Executive agrees that that, during the term tem of his employment under this Agreement and for an additional period of one yearAgreement, he will engage in no other business activities which are or may be competitive with, or which might place him in a competing position to that of, the Company or any Affiliate except as authorized by subsidiary of the Company’s Board of Directors in its reasonable discretion. (b) The Executive realizes that during the course of his employment, the Executive will have produced and/or have access to confidential business plans, information, business opportunity records, notebooks, data, marketing strategiesformula, specifications, trade secrets, customer lists, account lists and account lists inventions of the Company and its affiliates (“Confidential Information”)affiliates. Therefore, during or subsequent to his employment by the Company, or by an affiliate, the Executive agrees to hold in confidence and not to directly or indirectly disclose or use or copy or make lists of any such Confidential Informationinformation, except to the extent authorized by the Company in writing. All records, files, business plans, documents, equipment and the like, or copies thereof, relating to Company’s business, or the business of an affiliated company, which the Executive shall prepare, or use, or come into contact with, shall remain the sole property of the Company, or of an affiliated company, and shall not be removed from the Company’s or the affiliated company’s premises without its written consent, and shall be promptly returned to the Company upon termination or resignation of employment with the Company or its affiliated companies. (c) Because of his employment by the Company, the Executive will have access to trade secrets and confidential information about the Company, its business plans, its customersbusiness accounts, its business opportunities, its expansion plans into other geographic areas and its methods of doing business. The Executive agrees that for a period of twelve months after termination or resignation of his employment (except if the Term of Executive terminates this Agreement and an additional period of one year for cause under Section 3.4 hereof or without cause under Section 3.5 hereof), he will not take any actions which are calculated to persuade any employeenot, customerdirectly or indirectly, vendor or supplier of compete with the Company to terminate or modify in any adverse manner his or its association with affiliates in the Companybusiness of designing, merchandising, marketing or contracting for the manufacture of men’s and women’s golf apparel and golf outerwear within the United States. This non-compete agreement shall be void and of no further force or effect in the event termination occurs under Section 3.3 or Section 3.7 hereof and the Company fails to pay the Executive amounts required under Section 3.3 or Section 3.7 hereof. (d) In the event a court of competent jurisdiction finds any provision of this Agreement is terminated by the Company without cause pursuant to Section 4.1 to be so overbroad as to be unenforceable3.3, then such provision Executive shall be reduced have the right to terminate the non-compete agreement contained in scope by the court, to the extent deemed necessary by the court to render the provision reasonable and enforceable. Executive acknowledges and agrees that any breach of this Agreement by Executive would cause immediate irreparable harm to the Company. Executive agrees that should he violate any of the terms and conditions of this Agreement, the Company, at its sole discretion, shall be entitled to seek to obtain immediate injunctive relief and enjoin further and future violations of this Agreement.Section

FURTHER OBLIGATIONS OF THE EXECUTIVE DURING AND AFTER EMPLOYMENT. (a) The Executive agrees that during the term of his her employment under this Agreement and for an additional period of one yearAgreement, he she will engage in no other business activities which are or may be competitive with, or which might place him her in a competing position to that of, the Company or any Affiliate except as authorized by subsidiary of the Company’s Board of Directors in its reasonable discretion. (b) The Executive realizes that during the course of his her employment, the Executive will have produced and/or have access to confidential business plans, information, business opportunity records, notebooks, data, marketing strategiesformula, specifications, trade secrets, customer lists, account lists and account lists inventions of the Company and its affiliates (“Confidential Information”)affiliates. Therefore, during or subsequent to his her employment by the Company, or by an affiliate, the Executive agrees to hold in confidence and not to directly or indirectly disclose or use or copy or make lists of any such Confidential Informationinformation, except to the extent authorized by the Company in writing. All records, files, business plans, documents, equipment and the like, or copies thereof, relating to Company’s business, or the business of an affiliated company, which the Executive shall prepare, or use, or come into contact with, shall remain the sole property of the Company, or of an affiliated company, and shall not be removed from the Company’s or the affiliated company’s premises without its written consent, and shall be promptly returned to the Company upon termination or resignation of employment with the Company or its affiliated companies. (c) Because of his her employment by the Company, the Executive will have access to trade secrets and confidential information about the Company, its business plans, its customersbusiness accounts, its business opportunities, its expansion plans into other geographic areas and its methods of doing business. The Executive agrees that for the Term of this Agreement and an additional a period of one (1) year he after termination or resignation of her employment (except if the Executive terminates this Agreement for cause under Section 3.5 hereof), she will not take any actions which are calculated to persuade any employeenot, customerdirectly or indirectly, vendor or supplier of compete with the Company to terminate or modify in any adverse manner his or its association with affiliates in the Companybusiness of designing, merchandising, marketing or contracting for the manufacture of men’s and women’s golf apparel, golf outerwear or golf headwear within the United States. This non-compete agreement shall be void and of no further force or effect in the event termination occurs under Section 3.3 or Section 3.7 hereof and the Company fails to pay the Executive amounts required under Section 3.3 or Section 3.7 hereof. (d) In the event a court of competent jurisdiction finds any provision of this Section 4.1 to be so overbroad as to be unenforceable, then such provision shall be reduced in scope by the court, but only to the extent deemed necessary by the court to render the provision reasonable and enforceable. Executive acknowledges and agrees that any breach of this Agreement by Executive would cause immediate irreparable harm , it being the Executive’s intention to provide the Company. Executive agrees that should he violate any of Company with the terms and conditions of this Agreement, the Company, at its sole discretion, shall be entitled to seek to obtain immediate injunctive relief and enjoin further and future violations of this Agreementbroadest protection possible against harmful competition.

FURTHER OBLIGATIONS OF THE EXECUTIVE DURING AND AFTER EMPLOYMENT. (a) The Executive agrees that during the term of his employment under this Agreement and for an additional period of one yearAgreement, he will engage in no other business activities which are or may be competitive with, or which might place him his in a competing position to that of, the Company or any Affiliate except as authorized by subsidiary of the Company’s Board of Directors in its reasonable discretion. (b) The Executive realizes that during the course of his employment, the Executive will have produced and/or have access to confidential business plans, information, business opportunity records, notebooks, data, marketing strategiesformula, specifications, trade secrets, customer lists, account lists and account lists inventions of the Company and its affiliates (“Confidential Information”)affiliates. Therefore, during or subsequent to his employment by the Company, or by an affiliate, the Executive agrees to hold in confidence and not to directly or indirectly disclose or use or copy or make lists of any such Confidential Informationinformation, except to the extent authorized by the Company in writing. All records, files, business plans, documents, equipment and the like, or copies thereof, relating to Company’s 's business, or the business of an affiliated company, which the Executive shall prepare, or use, or come into contact with, shall remain the sole property of the Company, or of an affiliated company, and shall not be removed from the Company’s 's or the affiliated company’s 's premises without its written consent, and shall be promptly returned to the Company upon termination or resignation of employment with the Company or its affiliated companies. (c) Because of his employment by the Company, the Executive will have access to trade secrets and confidential information about the Company, its business plans, its customersbusiness accounts, its business opportunities, its expansion plans into other geographic areas and its methods of doing business. The Executive agrees that for the Term of this Agreement and an additional a period of one (1) year after termination or resignation of his employment, he will not take any actions which are calculated to persuade any employeenot, customerdirectly or indirectly, vendor or supplier of compete with the Company to terminate or modify in any adverse manner his or its association with affiliates in the Companybusiness of designing, marketing or contracting for the manufacture of men's and women's golf apparel and outerwear within the United States. This non-compete agreement shall be void and of no further force or effect in the event the Company fails to pay the Executive amounts required under Section 3.6 hereof. (d) In the event a court of competent jurisdiction finds any provision of this Section 4.1 to be so overbroad as to be unenforceable, then such provision shall be reduced in scope by the court, but only to the extent deemed necessary by the court to render the provision reasonable and enforceable. Executive acknowledges and agrees that any breach of this Agreement by Executive would cause immediate irreparable harm , it being the Executive's intention to provide the Company. Executive agrees that should he violate any of Company with the terms and conditions of this Agreement, the Company, at its sole discretion, shall be entitled to seek to obtain immediate injunctive relief and enjoin further and future violations of this Agreementbroadest protection possible against harmful competition.