Common use of Non-Compete and Non-Solicit Clause in Contracts

Non-Compete and Non-Solicit. (a) The Employee acknowledges that, in the course of the Employee’s employment with the Company, the Employee has become familiar, or will become familiar, with Otelco and its Affiliates (including the Company Entities) trade secrets and with other confidential information concerning Otelco and its Affiliates (including the Company Entities) and that his services have been and will be of special, unique and extraordinary value to Otelco and its Affiliates (including the Company Entities). Therefore, the Employee agrees that, during the Employment Period and for six (6) months thereafter (the “Restricted Period”), the Employee shall not directly or indirectly (i) engage, within the Restricted Territory, in any telephone or communications business, including, but not limited to, incumbent local exchange carrier, long distance telephone business, cable television, Internet access, or other business that Otelco or any of its Affiliates (including the Company Entities) is engaged in during the Employee’s employment by the Company (the “Company Business”), (ii) compete or participate as agent, employee, consultant, advisor, representative or otherwise in any enterprise engaged in a business which has any operations engaged in the Company Business within the Restricted Territory or (iii) compete or participate as a stockholder, partner, member or joint venturer, or have any direct or indirect financial interest, in any enterprise which has any material operations engaged in the Company Business within the Restricted Territory; provided, however, that nothing contained herein will prohibit the Employee from (A) owning, operating or managing any business, or acting upon any business opportunity, after obtaining approval of a majority of the Board or (B) owning no more than five percent (5%) of the equity of any publicly traded entity with respect to which the Employee does not serve as an officer, director, employee, consultant or in any other capacity other than as an investor. The term “

Non-Compete and Non-Solicit. (a) The Employee acknowledges that, in the course of the Employee’s his employment with the Company, the Employee he has become familiar, or will become familiar, with Otelco the Company’s and its Affiliates (including the Company Entities) Affiliates’ trade secrets and with other confidential information concerning Otelco the Company and its Affiliates (including the Company Entities) and that his services have been and will be of special, unique and extraordinary value to Otelco the Company and its Affiliates (including the Company Entities)Affiliates. Therefore, the Employee agrees that, during the Employment Period and for six (6) 6 months thereafter (the “Restricted Period”), the Employee he shall not directly or indirectly (i) engage, within the Restricted Territory, in any telephone or communications business, including, but not limited to, incumbent local exchange carrier, long distance telephone business, cable television, Internet access, or other business that Otelco the Company’ or any of its Affiliates (including the Company Entities) Affiliates’ is engaged in during the Employee’s employment by the Company (the “Company Business”), (ii) compete or participate as agent, employee, consultant, advisor, representative or otherwise in any enterprise engaged in a business which has any operations engaged in the Company Business within the Restricted Territory Territory; or (iii) compete or participate as a stockholder, partner, member or joint venturer, or have any direct or indirect financial interest, in any enterprise which has any material operations engaged in the Company Business within the Restricted Territory; provided, however, that nothing contained herein will prohibit the Employee from (A) owning, operating or managing any business, or acting upon any business opportunity, after obtaining approval of a majority of the Board Board; or (B) owning no more than five percent (5%) of the equity of any publicly traded entity with respect to which the Employee does not serve as an officer, director, employee, consultant or in any other capacity other than as an investor. The term “"

Non-Compete and Non-Solicit. (a) The Employee acknowledges that, in the course of the Employee’s employment with the Company, the Employee has become familiar, or will become familiar, with Otelco Otelco’s and its Affiliates (including the Company Entities) Affiliates’ trade secrets and with other confidential information Confidential Information concerning Otelco and its Affiliates (including the Company Entities) and that his services have been and will be of special, unique and extraordinary value to Otelco and its Affiliates (including the Company Entities)Affiliates. Therefore, the Employee agrees that, during the Employment Period and for six (6) 12 months thereafter (the “Restricted Period”), the Employee shall not directly or indirectly (i) engage, within the Restricted Territory, in any telephone or communications business, including, but not limited to, incumbent local exchange carrier, competitive local exchange carrier, broadband, long distance telephone business, cable television, Internet access, wireless or other business that Otelco or any of its Affiliates (including the Company Entities) is engaged in during the Employee’s employment by the Company (the “Company Business”), (ii) compete or participate as agent, employee, consultant, advisor, representative or otherwise in any enterprise engaged in a business which has any operations engaged in the Company Business within the Restricted Territory or (iii) compete or participate as a stockholder, partner, member or joint venturer, or have any direct or indirect financial interest, in any enterprise which has any material operations engaged in the Company Business within the Restricted Territory; provided, however, that nothing contained herein will prohibit the Employee from (A) owning, operating or managing any business, or acting upon any business opportunity, after obtaining approval of a majority of the Board or (B) owning no more than five percent (5%) of the equity of any publicly traded entity with respect to which the Employee does not serve as an officer, director, employee, consultant or in any other capacity other than as an investor. The term “

Non-Compete and Non-Solicit. (a) The Employee acknowledges that, in the course of the Employee’s his employment with the CompanyCompany Entities, the Employee he has become familiar, or will become familiar, with Otelco Otelco’s and its Affiliates (including Affiliates’(including the Company Entities) trade secrets and with other confidential information concerning Otelco and its Affiliates (including the Company Entities) and that his services have been and will be of special, unique and extraordinary value to Otelco and its Affiliates (including the Company Entities). Therefore, the Employee agrees that, during the Employment Period and for six (6) 6 months thereafter (the “Restricted Period”), the Employee he shall not directly or indirectly (i) engage, within the Restricted Territory, in any telephone or communications business, including, but not limited to, incumbent local exchange carrier, competitive local exchange carrier, long distance telephone business, cable television, Internet access, or other business that Otelco or any of its Affiliates (including the Company Entities) is engaged in during the Employee’s employment by the Company (the “Company Business”), (ii) compete or participate as agent, employee, consultant, advisor, representative or otherwise in any enterprise engaged in a business which has any operations engaged in the Company Business within the Restricted Territory Territory; or (iii) compete or participate as a stockholder, partner, member or joint venturer, or have any direct or indirect financial interest, in any enterprise which has any material operations engaged in the Company Business within the Restricted Territory; provided, however, that nothing contained herein will prohibit the Employee from (A) owning, operating or managing any business, or acting upon any business opportunity, after obtaining approval of a majority of the Board Board; or (B) owning no more than five percent (5%) of the equity of any publicly traded entity with respect to which the Employee does not serve as an officer, director, employee, consultant or in any other capacity other than as an investor. The term “"

Non-Compete and Non-Solicit. (a) The Employee acknowledges that, in the course of the Employee’s employment with the Company, the Employee has become familiar, or will become familiar, with Otelco Otelco’s and its Affiliates Affiliates’ (including the Company Entities’) trade secrets and with other confidential information Confidential Information concerning Otelco and its Affiliates (including the Company Entities) and that his services have been and will be of special, unique and extraordinary value to Otelco and its Affiliates (including the Company Entities). Therefore, the Employee agrees that, during the Employment Period and for six (6) months thereafter (the “Restricted Period”), the Employee shall not directly or indirectly (i) engage, within the Restricted Territory, in any telephone or communications business, including, but not limited to, incumbent local exchange carrier, long distance telephone business, cable television, Internet access, or other business that Otelco or any of its Affiliates (including the Company Entities) is engaged in during the Employee’s employment by the Company (the “Company Business”), (ii) compete or participate as agent, employee, consultant, advisor, representative or otherwise in any enterprise engaged in a business which has any operations engaged in the Company Business within the Restricted Territory or (iii) compete or participate as a stockholder, partner, member or joint venturer, or have any direct or indirect financial interest, in any enterprise which has any material operations engaged in the Company Business within the Restricted Territory; provided, however, that nothing contained herein will prohibit the Employee from (A) owning, operating or managing any business, or acting upon any business opportunity, after obtaining approval of a majority of the Board or (B) owning no more than five percent (5%) of the equity of any publicly traded entity with respect to which the Employee does not serve as an officer, director, employee, consultant or in any other capacity other than as an investor. The term “

Non-Compete and Non-Solicit. (a) The Employee acknowledges that, in the course of the Employee’s his employment with the CompanyCompany Entities, the Employee he has become familiar, or will become familiar, with Otelco and its Affiliates (including the Company Entities) ’ and their Affiliates’ trade secrets and with other confidential information concerning Otelco and its Affiliates (including the Company Entities) Entities and their Affiliates and that his services have been and will be of special, unique and extraordinary value to Otelco and its Affiliates (including the Company Entities)Entities and their Affiliates. Therefore, the Employee agrees that, during the Employment Period and for six (6) 6 months thereafter (the “Restricted Period”), the Employee he shall not directly or indirectly (i) engage, within the Restricted Territory, in any telephone or communications business, including, but not limited to, incumbent local exchange carrier, long distance telephone business, cable television, Internet access, or other business that Otelco the Company’ or any of its Affiliates (including the Company Entities) Affiliates’ is engaged in during the Employee’s employment by the Company (the “Company Business”), (ii) compete or participate as agent, employee, consultant, advisor, representative or otherwise in any enterprise engaged in a business which has any operations engaged in the Company Business within the Restricted Territory Territory; or (iii) compete or participate as a stockholder, partner, member or joint venturer, or have any direct or indirect financial interest, in any enterprise which has any material operations engaged in the Company Business within the Restricted Territory; provided, however, that nothing contained herein will prohibit the Employee from (A) owning, operating or managing any business, or acting upon any business opportunity, after obtaining approval of a majority of the Board Board; or (B) owning no more than five percent (5%) of the equity of any publicly traded entity with respect to which the Employee does not serve as an officer, director, employee, consultant or in any other capacity other than as an investor. The term “,

Non-Compete and Non-Solicit. (a) The Employee acknowledges that, in the course of the Employee’s employment with the Company, the Employee has become familiar, or will become familiar, with Otelco and its Affiliates (including the Company Entities) trade secrets and with other confidential information Confidential Information concerning Otelco and its Affiliates (including the Company Entities) and that his services have been and will be of special, unique and extraordinary value to Otelco and its Affiliates (including the Company Entities). Therefore, the Employee agrees that, during the Employment Period and for six (6) months thereafter (the “Restricted Period”), the Employee shall not directly or indirectly (i) engage, within the Restricted Territory, in any telephone or communications business, including, but not limited to, incumbent local exchange carrier, long distance telephone business, cable television, Internet access, or other business that Otelco or any of its Affiliates (including the Company Entities) is engaged in during the Employee’s employment by the Company (the “Company Business”), (ii) compete or participate as agent, employee, consultant, advisor, representative or otherwise in any enterprise engaged in a business which has any operations engaged in the Company Business within the Restricted Territory or (iii) compete or participate as a stockholder, partner, member or joint venturer, or have any direct or indirect financial interest, in any enterprise which has any material operations engaged in the Company Business within the Restricted Territory; provided, however, that nothing contained herein will prohibit the Employee from (A) owning, operating or managing any business, or acting upon any business opportunity, after obtaining approval of a majority of the Board or (B) owning no more than five percent (5%) of the equity of any publicly traded entity with respect to which the Employee does not serve as an officer, director, employee, consultant or in any other capacity other than as an investor. The term “

Non-Compete and Non-Solicit. (a) The Employee Executive acknowledges that, in the course of the Employee’s his employment with the CompanyCompany Entities, the Employee he has become familiar, or will become familiar, with Otelco and its Affiliates (including the Company Entities) ’ and their Affiliates’ trade secrets and with other confidential information concerning Otelco and its Affiliates (including the Company Entities) Entities and their Affiliates and that his services have been and will be of special, unique and extraordinary value to Otelco and its Affiliates (including the Company Entities)Entities and their Affiliates. Therefore, the Employee Executive agrees that, during the Employment Period and for six (6) months 1 year thereafter (the “Restricted Period”), the Employee he shall not directly or indirectly (i) engage, within the Restricted Territory, in any telephone or communications business, including, but not limited to, incumbent local exchange carrier, long distance telephone business, cable television, Internet access, or other business that Otelco the Company’ or any of its Affiliates (including the Company Entities) Affiliates’ is engaged in during the EmployeeExecutive’s employment by the Company (the “Company Business”), (ii) compete or participate as agent, employee, consultant, advisor, representative or otherwise in any enterprise engaged in a business which has any operations engaged in the Company Business within the Restricted Territory Territory; or (iii) compete or participate as a stockholder, partner, member or joint venturer, or have any direct or indirect financial interest, in any enterprise which has any material operations engaged in the Company Business within the Restricted Territory; provided, however, that nothing contained herein will prohibit the Employee Executive from (A) owning, operating or managing any business, or acting upon any business opportunity, after obtaining approval of a majority of the Board Board; or (B) owning no more than five percent (5%) of the equity of any publicly traded entity with respect to which the Employee Executive does not serve as an officer, director, employee, consultant or in any other capacity other than as an investor. The term “

Non-Compete and Non-Solicit. (a) The Employee Executive acknowledges that, in the course of the Employee’s his employment with the CompanyCompany Entities, the Employee he has become familiar, or will become familiar, with Otelco and its Affiliates (including the Company Entities) ’ and their Affiliates’ trade secrets and with other confidential information concerning Otelco and its Affiliates (including the Company Entities) Entities and their Affiliates and that his services have been and will be of special, unique and extraordinary value to Otelco and its Affiliates (including the Company Entities)Entities and their Affiliates. Therefore, the Employee Executive agrees that, during the Employment Period and for six (6) months 1 year thereafter (the “Restricted Period”), the Employee he shall not directly or indirectly (i) engage, within the Restricted Territory, in any telephone or communications business, including, but not limited to, incumbent local exchange carrier, long distance telephone business, cable television, Internet access, or other business that Otelco the Company or any of its Affiliates (including the Company Entities) is engaged in during the EmployeeExecutive’s employment by the Company (the “Company Business”), (ii) compete or participate as agent, employee, consultant, advisor, representative or otherwise in any enterprise engaged in a business which has any operations engaged in the Company Business within the Restricted Territory Territory, or (iii) compete or participate as a stockholder, partner, member or joint venturer, or have any direct or indirect financial interest, in any enterprise which has any material operations engaged in the Company Business within the Restricted Territory; provided, however, that nothing contained herein will prohibit the Employee Executive from (A) owning, operating or managing any business, or acting upon any business opportunity, after obtaining approval of a majority of the Board Board; or (B) owning no more than five percent (5%) of the equity of any publicly traded entity with respect to which the Employee Executive does not serve as an officer, director, employee, consultant or in any other capacity other than as an investor. The term “

Non-Compete and Non-Solicit. (a) The Employee acknowledges that, in the course of the Employee’s his employment with the CompanyCompany Entities, the Employee he has become familiar, or will become familiar, with Otelco and its Affiliates (including the Company Entities) ’ and their Affiliates’ trade secrets and with other confidential information concerning Otelco and its Affiliates (including the Company Entities) Entities and their Affiliates and that his services have been and will be of special, unique and extraordinary value to Otelco and its Affiliates (including the Company Entities)Entities and their Affiliates. Therefore, the Employee agrees that, during the Employment Period and for six (6) 6 months thereafter (the “Restricted Period”), the Employee he shall not directly or indirectly (i) engage, within the Restricted Territory, in any telephone or communications business, including, but not limited to, incumbent local exchange carrier, long distance telephone business, cable television, Internet access, or other business that Otelco the Company or any of its Affiliates (including the Company Entities) is engaged in during the Employee’s employment by the Company (the “Company Business”), (ii) compete or participate as agent, employee, consultant, advisor, representative or otherwise in any enterprise engaged in a business which has any operations engaged in the Company Business within the Restricted Territory Territory; or (iii) compete or participate as a stockholder, partner, member or joint venturer, or have any direct or indirect financial interest, in any enterprise which has any material operations engaged in the Company Business within the Restricted Territory; provided, however, that nothing contained herein will prohibit the Employee from (A) owning, operating or managing any business, or acting upon any business opportunity, after obtaining approval of a majority of the Board Board; or (B) owning no more than five percent (5%) of the equity of any publicly traded entity with respect to which the Employee does not serve as an officer, director, employee, consultant or in any other capacity other than as an investor. The term “