Common use of No Tampering Clause in Contracts

No Tampering. Until August 1, 2004, or until 15 months following the consummation of an initial public offering of the Company's common stock, whichever first occurs (and for any period following the Employment Term during which Executive is receiving base salary pursuant to Section 5(b)(i) hereof) the Executive shall not (a) request, induce or attempt to influence any distributor or supplier of goods or services to any member of the Company Group to curtail or cancel any business they may transact with any member of the Company Group; (b) request, induce or attempt to influence any customer of any member of the Company Group that have done business with or potential customers which have been in contact with any member of the Company Group to curtail or cancel any business they may transact with any member of the Company Group; (c) request, induce or attempt to influence any employee of any member of the Company Group to terminate his or her employment with such member of the Company Group; or (d) hire or employ or attempt to hire or employ any employee of any member of the Company Group. Should Executive voluntarily terminate his employment with the Company for other than Good Cause prior to August 1, 2008, the Company may at its option, elect to extend the duration of the prohibitions against Executive contained in (c) and (d) of this Section 13 for a period of an additional 12 months following the date of such termination. To exercise such option that Company must provide written notice of such election to Executive within 30 days after such termination and pay to Executive an amount equal to the base pay and bonus, if any, earned by Executive during his last 12 months of employment with the Company (less any required withholding or other taxes). In such event such amount shall be paid in equal monthly installments over such 12 month period.

No Tampering. Until August 1, 2004, or until 15 months following the consummation of an initial public offering of the Company's common stock, whichever first occurs (and for any period following the Employment Term during which Executive is receiving base salary pursuant to Section 5(b)(i) hereof) the Executive shall not (a) request, induce or attempt to influence any distributor or supplier of goods or services to any member of the Company Group to curtail or cancel any business they may transact with any member of the Company Group; (b) request, induce or attempt to influence any customer of any member of the Company Group that have done business with or potential customers which have been in contact with any member of the Company Group to curtail or cancel any business they may transact with any member of the Company Group; (c) request, induce or attempt to influence any employee of any member of the Company Group to terminate his or her employment with such member of the Company Group; or (d) hire or employ or attempt to hire or employ any employee of any member of the Company Group. Cargill Executive Employment Agreement 9 Should Executive voluntarily terminate his employment with the Company for other than Good Cause prior to August 1, 20082004, the Company may at its option, elect to extend the duration of the prohibitions against Executive contained in (c) and (d) of this Section 13 for a period of an additional 12 months following the date of such termination. To exercise such option that the Company must provide written notice of such election to Executive within 30 days after such termination and pay to Executive an amount equal to the base pay and bonus, if any, earned by Executive during his last 12 months of employment with the Company (less any required withholding or other taxes). In such event such amount shall be paid in equal monthly installments over such 12 month period.

No Tampering. Until August 1, 2004, or until 15 months following the consummation of an initial public offering of the Company's common stock, whichever first occurs (and for any period following the Employment Term during which Executive is receiving base salary pursuant to Section 5(b)(i) hereof) the Executive shall not (a) request, induce or attempt to influence any distributor or supplier of goods or services to any member of the Company Group to curtail or cancel any business they may transact with any member of the Company Group; (b) request, induce or attempt to influence any customer of any member of the Company Group that have done business with or potential customers which have been in contact with any member of the Company Group to curtail or cancel any business they may transact with any member of the Company Group; (c) request, induce or attempt to influence any employee of any member of the Company Group to terminate his or her employment with such member of the Company Group; or (d) hire or employ or attempt to hire or employ any employee of any member of the Company Group. Should Executive voluntarily terminate his employment with the Company for other than Good Cause prior to August 1, 20082004, the Company may at its option, elect to extend the duration of the prohibitions against Executive contained in (c) and (d) of this Section 13 for a period of an additional 12 months following the date of such termination. To exercise such option that the Company must provide written notice of such election to Executive within 30 days after such termination and pay to Executive an amount equal to the base pay and bonus, if any, earned by Executive during his last 12 months of employment with the Company (less any required Jones Executive Employment Agreement 9 withholding or other taxestxxxx). In such event such amount shall be paid in equal monthly installments over such 12 month period.

No Tampering. Until August 1, 2004, or until 15 months following the consummation of an initial public offering of the Company's common stock, whichever first occurs (and for any period following the Employment Term during which Executive is receiving base salary pursuant to Section 5(b)(i) hereof) the Executive shall not (a) request, induce or attempt to influence any distributor or supplier of goods or services to any member of the Company Group to curtail or cancel any business they may transact with any member of the Company Group; (b) request, induce or attempt to influence any customer of any member of the Company Group that have done business with or potential customers which have been in contact with any member of the Company Group to curtail or cancel any business they may transact with any member of the Company Group; (c) request, induce or attempt to influence any employee of any member of the Company Group to terminate his or her employment with such member of the Company Group; or (d) hire or employ or attempt to hire or employ any employee of any member of the Company Group. Should Executive voluntarily terminate his employment with the Company for other than Good Cause prior to August 1, 20082004, the Company may at its option, elect to extend the duration of the prohibitions against Executive contained in (c) and (d) of this Section 13 for a period of an additional 12 months following the date of such termination. To exercise such option that the Company must provide written notice of such election to Executive within 30 days after such termination and pay to Executive an amount equal to the base pay and bonus, if any, earned by Executive during his last 12 months of employment with the Company (less any required Hortenstine Executive Employment Agreement 9 withholding or other taxesoxxxx xxxxx). In such event such amount shall be paid in equal monthly installments over such 12 month period.

No Tampering. Until August 1, 2004, or until 15 months following the consummation of an initial public offering of the Company's common stock, whichever first occurs (and for any period following the Employment Term during which Executive is receiving base salary pursuant to Section 5(b)(i) hereof) the Executive shall not (a) request, induce or attempt to influence any distributor or supplier of goods or services to any member of the Company Group to curtail or cancel any business they may transact with any member of the Company Group; (b) request, induce or attempt to influence any customer of any member of the Company Group that have done business with or potential customers which have been in contact with any member of the Company Group to curtail or cancel any business they may transact with any member of the Company Group; (c) request, induce or attempt to influence any employee of any member of the Company Group to terminate his or her employment with such member of the Company Group; or (d) hire or employ or attempt to hire or employ any employee of any member of the Company Group. Grant Executive Employment Agreement 9 Should Executive voluntarily terminate his employment with the Company for other than Good Cause prior to August 1, 20082004, the Company may at its option, elect to extend the duration of the prohibitions against Executive contained in (c) and (d) of this Section 13 for a period of an additional 12 months following the date of such termination. To exercise such option that the Company must provide written notice of such election to Executive within 30 days after such termination and pay to Executive an amount equal to the base pay and bonus, if any, earned by Executive during his last 12 months of employment with the Company (less any required withholding or other taxes). In such event such amount shall be paid in equal monthly installments over such 12 month period.