Common use of No Competing Employment Clause in Contracts

No Competing Employment. The Executive acknowledges that the agreements and covenants contained in this Section 7 are essential to protect the value of the Company's business and assets and by his current employment with the Company and its Subsidiaries, the Executive has obtained and will obtain such knowledge, contacts, know-how, training and experience and there is a substantial probability that such knowledge, know-how, contacts, training and experience could be used to the substantial advantage of a competitor of the Company and to the Company's substantial detriment. Therefore, the Executive agrees that for the period commencing on the date of this Agreement and ending on the 24 month anniversary of the termination of the Executive's employment hereunder (such period is hereinafter referred to as the "Restricted Period") with respect to any geographical area in which the Company or its Subsidiaries engage or plan to engage in business during the Employment Term, the Executive shall not participate or engage, directly or indirectly, for himself or on behalf of or in conjunction with any person, partnership, corporation or other entity, whether as an employee, agent, officer, director, shareholder, partner, joint venturer, investor or otherwise, in any business activities if such activity consists of any activity undertaken or expressly contemplated to be undertaken by the Company or any of its Subsidiaries or by the Executive at any time during the Employment Term.

No Competing Employment. The Executive acknowledges that the ----------------------- agreements and covenants contained in this Section 7 are essential to protect the value of the Company's business and assets and by his current employment with the Company and its Subsidiariessubsidiaries, the Executive has obtained and will obtain such knowledge, contacts, know-how, training and experience and there is a substantial probability that such knowledge, know-how, contacts, training and experience could be used to the substantial advantage of a competitor of the Company and to the Company's substantial detriment. Therefore, the Executive agrees that for the period commencing on the date of this Agreement and ending on the 24 month first anniversary of the termination of the Executive's employment hereunder (such period is hereinafter referred to as the "Restricted Period") with respect to any geographical area State in which the Company or its Subsidiaries engage or plan to engage is engaged in business during the Employment Term, the Executive shall not participate or engage, directly or indirectly, for himself or on behalf of or in conjunction with any person, partnership, corporation or other entity, whether as an employee, agent, officer, director, shareholder, partner, joint venturer, investor or otherwise, in any business activities if such activity consists of any activity undertaken or expressly contemplated to be undertaken by the Company or any of its Subsidiaries subsidiaries or by the Executive at any time during the Employment Term.

No Competing Employment. The Executive acknowledges that the agreements and covenants contained in this Section 7 8 are essential to protect the value of the Company's business and assets and by his current employment with the Company and its Subsidiariessubsidiaries, the Executive has obtained and will obtain such certain knowledge, contacts, know-how, training and experience of a confidential, proprietary or trade secret nature, and there is a substantial probability that such knowledge, know-how, contacts, training and experience could be used to the substantial advantage of a competitor of the Company and to the Company's substantial detriment. Therefore, the Executive agrees that for the period commencing on the date of this Agreement Effective Date and ending on the 24 month anniversary of the termination of the Executive's employment hereunder (such period is hereinafter referred to as the "Restricted Period") with respect to any geographical area State in which the Company or its Subsidiaries engage or plan to engage is engaged in business during the Employment Term, the Executive shall not participate or engage, directly or indirectly, for himself or on behalf of or in conjunction with any person, partnership, corporation or other entity, whether as an employee, agent, officer, director, shareholder, partner, joint venturer, investor or otherwise, in any business activities if such activity consists of any activity undertaken or expressly contemplated to be undertaken by the Company or any of its Subsidiaries subsidiaries or by the Executive at any time during the Employment Term.

No Competing Employment. The Executive acknowledges that the agreements and covenants contained in this Section 7 are essential to protect the value of the Company's business and assets and by his current employment with the Company and its Subsidiariessubsidiaries, the Executive has obtained and will obtain such knowledge, contacts, know-how, training and experience and there is a substantial probability that such knowledge, know-how, contacts, training and experience could be used to the substantial advantage of a competitor of the Company and to the Company's substantial detriment. Therefore, the Executive agrees that for the period commencing on the date of this Agreement and ending on the 24 month anniversary of six months after the termination of the Executive's employment hereunder (such period is hereinafter referred to as the "Restricted Period") with respect to any geographical area State in which the Company or any of its Subsidiaries engage or plan to engage subsidiaries is engaged in business during the Employment Term, the Executive shall not participate or engage, directly or indirectly, for himself or on behalf of or in conjunction with any person, partnership, corporation or other entity, whether as an employee, agent, officer, director, shareholder, partner, joint venturer, investor or otherwise, in any business activities if such activity consists of any activity undertaken or expressly contemplated to be undertaken by the Company or any of its Subsidiaries subsidiaries or by the Executive at any time during the Employment Term.

No Competing Employment. The Executive acknowledges that the agreements and covenants contained in this Section 7 are essential to protect the value of the Company's business and assets and by his current employment with the Company and its Subsidiaries, the Executive has obtained and will obtain such knowledge, contacts, know-how, training and experience and there is a substantial probability that such knowledge, know-how, contacts, training and experience could be used to the substantial advantage of a competitor of the Company and to the Company's substantial detriment. Therefore, the Executive agrees that for the period commencing on the date of this Agreement and ending on the 24 18 month anniversary of the termination of the Executive's employment hereunder (such period is hereinafter referred to as the "Restricted Period") with respect to any geographical area in which the Company or its Subsidiaries engage or plan to engage in business during the Employment Term, the Executive shall not participate or engage, directly or indirectly, for himself or on behalf of or in conjunction with any person, partnership, corporation or other entity, whether as an employee, agent, officer, director, shareholder, partner, joint venturer, investor or otherwise, in any business activities if such activity consists of any activity undertaken or expressly contemplated to be undertaken by the Company or any of its Subsidiaries or by the Executive at any time during the Employment Term.

No Competing Employment. The Executive acknowledges that the agreements and covenants contained in this Section 7 are essential to protect the value of the Company's business and assets and by his current employment with the Company and its Subsidiariessubsidiaries, the Executive has obtained and will obtain such knowledge, contacts, know-how, training and experience and there is a substantial probability that such knowledge, know-how, how contacts, training and experience could be used to the substantial advantage of a competitor of the Company and to the Company's substantial detriment. Therefore, the Executive agrees that for the period commencing on the date of this Agreement and ending on an the 24 month first anniversary of the termination of the Executive's employment hereunder (such period is hereinafter referred to as the "Restricted Period") with respect to any geographical area in which the Company or its Subsidiaries engage or plan to engage in business during the Employment Term), the Executive shall not participate or engage, directly or indirectly, for himself or on behalf of or in conjunction with any person, partnership, corporation or other entity, whether as an employee, agent, officer, director, shareholder, partner, joint venturer, investor or otherwise, in any business activities in the United States if such activity consists of any activity undertaken or expressly contemplated to be undertaken by the Company or any of its Subsidiaries subsidiaries or by the Executive at any time during the Employment Term; provided, however, that the foregoing shall not preclude the Executive from owning less than 2% of the shares of a public company. Notwithstanding the foregoing, this Section 7(a) shall not apply if the Executive resigns for Good Reason pursuant to Section 6(d) .

No Competing Employment. The Executive acknowledges that the agreements and covenants contained in this Section 7 are essential to protect the value of the Company's business and assets and by his current employment with the Company and its SubsidiariesCompany, the Executive has obtained and will obtain such knowledge, contacts, know-how, training and experience and there is a substantial probability that such knowledge, know-how, contacts, training and experience could be used to the substantial advantage of a competitor of the Company and to the Company's substantial detriment. Therefore, the Executive agrees that for the period commencing on the date of this Agreement and ending on the 24 month first anniversary of the termination of the Executive's employment hereunder (such period is hereinafter referred to as the "Restricted Period") with respect to any geographical area State in which the Company or its Subsidiaries engage or plan to engage is engaged in business during the Employment Term, the Executive shall not participate or engage, directly or indirectly, for himself or on behalf of or in conjunction with any person, partnership, corporation or other entity, whether as an employee, agent, officer, director, shareholder, partner, joint venturer, investor or otherwise, in any business activities if such activity consists of any activity undertaken or expressly contemplated to be undertaken by the Company or any of its Subsidiaries or by the Executive at any time during the Employment Term. Notwithstanding the forgoing provisions, the Executive will be allowed to retain his equity interest as a partner in the WestPac Resort Group ("WPRG"). Further, the Company will be permitted to enter into transactions with WPRG on an arms-length basis.

No Competing Employment. The Executive acknowledges that the agreements and covenants contained in this Section 7 are essential to protect the value of the Company's ’s business and assets and by his current employment with the Company and its Subsidiariessubsidiaries, the Executive has obtained and will obtain such knowledge, contacts, know-how, training and experience and there is a substantial probability that such knowledge, know-how, contacts, training and experience could be used to the substantial advantage of a competitor of the Company and to the Company's ’s substantial detriment. Therefore, the Executive agrees that for the period commencing on the date of this Agreement and ending on the 24 month first anniversary of the termination of the Executive's ’s employment hereunder (such period is hereinafter referred to as the "“Restricted Period"”) with respect to any geographical area State in which the Company or its Subsidiaries engage or plan to engage is engaged in business during the Employment Term, the Executive shall not participate or engage, directly or indirectly, for himself or on behalf of or in conjunction with any person, partnership, corporation or other entity, whether as an employee, agent, officer, director, shareholder, partner, joint venturer, investor or otherwise, in any business activities if such activity consists activities consist of any activity activities undertaken or expressly contemplated to be undertaken by the Company or any of its Subsidiaries subsidiaries or by the Executive at any time during the Employment Term.