Common use of Interests of the Company Clause in Contracts

Interests of the Company. The Executive acknowledges and agrees that: (a) The Company has, owns or possesses the right to certain legitimate business interests, professional information and confidential information; and (b) The Company’s possession, ownership and use of such legitimate business interests, professional and confidential information derives actual or potential independent economic value from not being generally known to, and not being readily ascertainable by proper means by other persons who could potentially obtain economic value from its disclosure or use; and (c) The Company has taken and will continue to undertake substantial efforts that are commercially reasonable under the circumstances to maintain the secrecy of its present and future legitimate business interests, and other professional and confidential information, and requires the Executive to do the same; and (d) Companies or individuals or other entities that provide goods and services similar to those of the Company and that derive benefit from access to the Company’s confidential and proprietary information gained from a current or former Executive of the Company, without its express permission, regardless of geographic location, would cause irreparable harm and undue hardship, and would materially jeopardize the Company’s business and materially jeopardize the ability of the Company to attain its goals, thus reducing significantly its value should the Executive compete with the Company, or assist, induce or cause other persons to compete with the Company; and (e) The value of such harm would be substantial and unquantifiable. As such, Executive agrees that the violation of the restrictive covenants of this Agreement would cause irreparable harm to the Company.