Common use of Non-Compete, Non-Solicitation Clause in Contracts

Non-Compete, Non-Solicitation. (a) In further consideration of the compensation to be paid to Executive hereunder, Executive acknowledges that in the course of Executive's employment with the Company Executive shall become familiar with the Company's trade secrets and with other Confidential Information concerning the Company and its Subsidiaries and that Executive's services shall be of special, unique and extraordinary value to the Company and its Subsidiaries. Therefore, Executive agrees that, during the Employment Term and for one year thereafter (the "NONCOMPETE PERIOD"), Executive shall not directly or indirectly own any interest in, manage, control, participate in, consult with, render services for, or in any manner engage in any business competing with the businesses of the Company or its Subsidiaries, as such businesses exist or are in process on the date of the termination of Executive's employment, within any geographical area in which the Company or its Subsidiaries engage or plan to engage in such businesses. Nothing herein shall prohibit Executive from being a passive owner of not more than 2% of the outstanding stock of any class of a corporation which is publicly traded, so long as Executive has no active participation in the business of such corporation.

Non-Compete, Non-Solicitation. (a) In further consideration of the compensation to be paid to Executive hereunder, Executive acknowledges that in the course of Executive's his employment with the Company Executive he shall become familiar with the Company's trade secrets and with other Confidential Information concerning the Company and its Subsidiaries and that Executive's his services shall be of special, unique and extraordinary value to the Company and its Subsidiaries. Therefore, Executive agrees that, during the Employment Term Period and for one year two years thereafter (the "NONCOMPETE PERIODNoncompete Period"), Executive he shall not not, without the express written consent of the Company, directly or indirectly own any interest in, manage, control, participate in, consult with, render services for, or in any manner engage in any business competing with the businesses of the Company or its Subsidiaries, as such businesses exist or are in process on the date of the termination of Executive's employment, within any geographical area in which the Company or its Subsidiaries engage or plan to engage in such businesses. Nothing herein shall prohibit Executive from being a passive owner of not more than 2% of the outstanding stock of any class of a corporation which is publicly traded, so long as Executive has no active participation in the business of such corporation.

Non-Compete, Non-Solicitation. (a) In further consideration of the compensation to be paid to Executive hereunder, Executive acknowledges that in the course of Executive's his employment with the Company Executive he has and shall become familiar with the Company's ’s and its subsidiaries’ trade secrets and with other Confidential Information concerning the Company and its Subsidiaries and that Executive's his services shall be of special, unique and extraordinary value to the Company and its Subsidiariessubsidiaries. Therefore, Executive agrees that, has agreed that during the Employment Term Period and continuing for one year thereafter the later of (i) twelve (12) months after termination of the Employment Period and (ii) the period during which the Severance Payment, if any, is being paid pursuant to Section 2D(b) (the "NONCOMPETE PERIOD"“Noncompete Period”), Executive shall to not directly or indirectly own any interest in, manage, control, participate in, consult with, advise, render services for, or in any manner engage in the business of owning, operating, managing, any business competing that is competitive with the businesses of the Company or its Subsidiaries, as such businesses exist or are in process on the date of the termination of Executive's employment, within any geographical area in business which the Company or its Subsidiaries engage or plan to engage in such businessessubsidiaries conducts at the time the Employment Period is terminated. Nothing herein shall prohibit Executive from being a passive owner of not more than two percent (2% %) of the outstanding stock of any class of a corporation which is publicly traded, so long as Executive has no active participation in the business of such corporation.

Non-Compete, Non-Solicitation. (a) In further consideration of the compensation to be paid to Executive hereunder, Executive acknowledges that in the course of Executive's employment with the Company Executive shall become familiar with the Company's trade secrets and with other Confidential Information concerning the Company and its Subsidiaries and that Executive's services shall be of special, unique and extraordinary value to the Company and its Subsidiaries. Therefore, Executive agrees that, during the Employment Term and for one year thereafter (the "NONCOMPETE PERIODNoncompete Period"), Executive shall not directly or indirectly own any interest in, manage, control, participate in, consult with, render services for, or in any manner engage in any business competing with the businesses of the Company or its Subsidiaries, as such businesses exist or are in process on the date of the termination of Executive's employment, within any geographical area in which the Company or its Subsidiaries engage or plan to engage in such businesses. Nothing herein shall prohibit Executive from being a passive owner of not more than 2% of the outstanding stock of any class of a corporation which is publicly traded, so long as Executive has no active participation in the business of such corporation.

Non-Compete, Non-Solicitation. (a) In further consideration of the compensation to be paid to Executive hereunder, Executive acknowledges that in the course of Executive's his employment with the Company Executive he has and shall become familiar with the Company's ’s and its subsidiaries’ trade secrets and with other Confidential Information concerning the Company and its Subsidiaries and that Executive's his services shall be of special, unique and extraordinary value to the Company and its Subsidiariessubsidiaries. Therefore, Executive agrees that, has agreed that during the Employment Term Period and continuing for one year thereafter the later of (i) twelve (12) months after termination of the Employment Period and (ii) the period during which the Severance Payment, if any, is being paid pursuant to Section 2C(b) (the "NONCOMPETE PERIOD"“Noncompete Period”), Executive shall to not directly or indirectly own any interest in, manage, control, participate in, consult with, advise, render services for, or in any manner engage in the business of owning, operating, managing, any business competing that is competitive with the businesses of the Company or its Subsidiaries, as such businesses exist or are in process on the date of the termination of Executive's employment, within any geographical area in business which the Company or its Subsidiaries engage or plan to engage in such businessessubsidiaries conducts at the time the Employment Period is terminated. Nothing herein shall prohibit Executive from being a passive owner of not more than two percent (2% %) of the outstanding stock of any class of a corporation which is publicly traded, so long as Executive has no active participation in the business of such corporation.

Non-Compete, Non-Solicitation. (a) In further consideration of the compensation to be paid to Executive hereunder, Executive acknowledges that in the course of Executive's his employment with the Company Executive he shall become familiar with the Company's trade secrets and with other Confidential Information concerning the Company and its Subsidiaries and that Executive's his services shall be of special, unique and extraordinary value to the Company and its Subsidiaries. Therefore, Executive agrees that, during the Employment Term Period and for one year two years thereafter (the "NONCOMPETE PERIOD"), Executive he shall not not, without the express written consent of the Company, directly or indirectly own any interest in, manage, control, participate in, consult with, render services for, or in any manner engage in any business competing with the businesses of the Company or its Subsidiaries, as such businesses exist or are in process on the date of the termination of Executive's employment, within any geographical area in which the Company or its Subsidiaries engage or plan to engage in such businesses. Nothing herein shall prohibit Executive from being a passive owner of not more than 2% of the outstanding stock of any class of a corporation which is publicly traded, so long as Executive has no active participation in the business of such corporation.

Non-Compete, Non-Solicitation. (a) In further consideration of the compensation to be paid to Executive hereunder, Executive acknowledges that in the course of Executive's his employment with the Company Executive he shall become familiar with the Company's trade secrets and with other Confidential Information concerning the Company and its Subsidiaries subsidiaries and that Executive's his services shall be of special, unique and extraordinary value to the Company and its Subsidiariessubsidiaries. Therefore, Executive agrees that, during the Employment Term Period and for one year twelve (12) months thereafter (the "NONCOMPETE PERIODNoncompete Period"), Executive he shall not directly or indirectly own any interest in, manage, control, participate in, consult with, render services for, or in any manner engage in any business competing with the businesses business of the Company or any of its Subsidiariessubsidiaries, as such businesses exist or are in process at any time during the period beginning on the date hereof and ending on the date of the termination of Executive's employment, within any geographical area in which the Company or its Subsidiaries engage or plan to subsidiaries engage in such businesses. Nothing herein The foregoing shall not prohibit Executive from being owning directly or indirectly capital stock or similar securities that are listed on a passive owner securities exchange or quoted on the National Association of Securities Dealers Automated Quotation System which do not represent more than two percent (2% %) of the outstanding capital stock of any class of a corporation which is publicly traded, so long as Executive has no active participation in business competing with the business of such corporationthe Company.

Non-Compete, Non-Solicitation. (a) In further consideration of the compensation to be paid to Executive hereunderEmployee acknowledges that, Executive acknowledges that in the course of ExecutiveEmployee's employment with the Company Executive Company, Employee shall become familiar with the Company's trade secrets and with other Confidential Information concerning the Company and its Subsidiaries and that ExecutiveEmployee's services shall be of special, unique and extraordinary value to the Company and its SubsidiariesCompany. Therefore, Executive Employee agrees that, during his employment with the Employment Term Company and for one year two years thereafter (the "NONCOMPETE PERIODNoncompete Period"), Executive Employee shall not directly or indirectly own any interest in, manage, control, participate in, consult with, render services for, or in any manner engage in any business competing with the businesses of the Company or its SubsidiariesCompany, as such businesses exist or are in process on the date of the termination of ExecutiveEmployee's employment, within any geographical area in which the Company engages or its Subsidiaries engage or plan plans to engage in such businesses. Nothing herein shall prohibit Executive Employee from being a passive owner of not more than 2% of the outstanding stock of any class of a corporation which that is publicly traded, so long as Executive Employee has no active participation in the business of such corporation.

Non-Compete, Non-Solicitation. (a) In further consideration of the compensation to be paid to Executive hereunder, Executive acknowledges that in the course of Executive's his employment with the Company Executive he has and shall become familiar with the Company's ’s and its subsidiaries’ trade secrets and with other Confidential Information concerning the Company and its Subsidiaries and that Executive's his services shall be of special, unique and extraordinary value to the Company and its Subsidiariessubsidiaries. Therefore, Executive agrees that, has agreed that during the Employment Term Period and continuing for one year thereafter the later of (i) twelve (12) months after termination of the Employment Period and (ii) the period during which the Severance Payment, if any, is being paid pursuant to Section 1D(b) (the "NONCOMPETE PERIOD"“Noncompete Period”), Executive shall to not directly or indirectly own any interest in, manage, control, participate in, consult with, advise, render services for, or in any manner engage in the business of owning, operating, managing, any business competing that is competitive with the businesses of the Company or its Subsidiaries, as such businesses exist or are in process on the date of the termination of Executive's employment, within any geographical area in business which the Company or its Subsidiaries engage or plan to engage in such businessessubsidiaries conducts at the time the Employment Period is terminated. Nothing herein shall prohibit Executive from being a passive owner of not more than two percent (2% %) of the outstanding stock of any class of a corporation which is publicly traded, so long as Executive has no active participation in the business of such corporation.

Non-Compete, Non-Solicitation. (a) In further consideration of the compensation to be paid to Executive hereunderhereunder and his exposure to or involvement in the Trade Secret Information, Executive acknowledges that in the course of Executive's his employment with the Company Executive and the Parent Partnership, he shall become familiar with the Company's trade secrets and with other Confidential Trade Secret Information concerning the Company Company, the Parent Partnership and its their Subsidiaries and that Executive's his services have been and shall be of special, unique and extraordinary value to the Company Company, the Parent Partnership and its their Subsidiaries. Therefore, Executive agrees that, during the Employment Term and for one year thereafter (the "NONCOMPETE PERIOD")Noncompete Period, Executive he shall not directly or indirectly own any interest in, manage, control, participate in, consult with, render services for, or in any manner engage in any business competing with the businesses of the Company Company, the Parent Partnership or its their Subsidiaries, as such businesses exist or are in process on the date of the termination of Executive's employment, within any states or geographical area regions in which the Company Company, the Parent Partnership or its their Subsidiaries engage or plan to engage in such businesses. Nothing businesses on the date of the termination of Executive's employment; provided that nothing herein shall prohibit Executive from being a passive owner of not more than 2% of the outstanding stock of any class of a corporation which is publicly traded, so long as Executive has no active participation in the business of such corporation.

Non-Compete, Non-Solicitation. (a) In further consideration of the compensation to be paid to Executive hereunder, Executive acknowledges that in the course of Executive's his employment with the Company Executive he shall become familiar with the Company's and its Subsidiaries' trade secrets and with other Confidential Information concerning the Company and its Subsidiaries and that Executive's his services shall be of special, unique and extraordinary value to the Company and its Subsidiaries. Therefore, Executive agrees that, during the Employment Term Period and for one year thereafter (the "NONCOMPETE PERIODNoncompete Period"), Executive he shall not directly or indirectly own any interest in, manage, control, participate in, consult with, render services for, or in any manner engage in any business competing with the businesses of the Company or its Subsidiaries, as such businesses exist or are in process on the date of the termination of Executive's employment, within any geographical area in which the Company or its Subsidiaries engage or plan to engage in such businesses. Nothing herein shall prohibit Executive from being a passive owner of not more than 2% of the outstanding stock of any class of a corporation which is publicly traded, so long as Executive has no active participation in the business of such corporation.

Non-Compete, Non-Solicitation. (a) In further consideration of the compensation to be paid to Executive hereunder, Executive acknowledges that in the course of Executive's his employment with the Company Executive he shall become familiar with the Company's trade secrets and with other Confidential Information concerning the Company and its Subsidiaries and that Executive's his services shall be of special, unique and extraordinary value to the Company and its Subsidiaries. Therefore, Executive agrees that, during the Employment Term Period and for one year twelve months thereafter (the "NONCOMPETE PERIOD"), Executive he shall not directly or indirectly own any interest in, manage, control, participate in, consult with, render services for, or in any manner engage in any business competing with the businesses of the Company or its Subsidiaries, as such businesses exist or are in process on the date of the termination of Executive's employment, within any geographical area in which the Company or its Subsidiaries engage or plan has announced plans to engage in such businesses. Nothing herein shall prohibit Executive from being a passive owner of not more than 2% of the outstanding stock of any class of a corporation which is publicly traded, so long as Executive has no active participation in the business of such corporation.

Non-Compete, Non-Solicitation. (a) In further consideration of the compensation to be paid to Executive hereunder, Executive acknowledges that in the course of Executive's his employment with the Company Executive he shall become familiar with the Company's trade secrets and with other Confidential Information concerning the Company and its Subsidiaries and that Executive's his services shall be of special, unique and extraordinary value to the Company and its Subsidiaries. Therefore, Executive agrees that, during the Employment Term Period and for one year two years thereafter (the "NONCOMPETE PERIODNoncompete Period"), Executive he shall not without the express written consent of the Company, directly or indirectly own any interest in, manage, control, participate in, consult with, advise, render services for, or in any manner engage in any business activity competing with the businesses of the Company or its Subsidiaries, as such businesses exist or are in process on the date of the termination of Executive's employment, Subsidiaries within any geographical area in which the Company or its Subsidiaries engage or plan to engage in such businessesbusinesses as of the date of the termination of Executive's employment. Nothing herein shall prohibit Executive from being a passive owner of not more than 2% of the outstanding stock of any class of a corporation which is publicly traded, so long as Executive has no active participation in the business of such corporation.

Non-Compete, Non-Solicitation. (a) In further consideration of the compensation to be paid to Executive hereunder, Executive acknowledges that in the course of Executive's his employment with the Company Executive he shall become familiar with the Company's ’s trade secrets and with other Confidential Information concerning the Company and its Subsidiaries and that Executive's his services shall be of special, unique and extraordinary value to the Company and its Subsidiaries. Therefore, Executive agrees that, during the Employment Term Period and for one year two years thereafter (the "NONCOMPETE PERIOD"“Noncompete Period”), Executive he shall not not, without the express written consent of the Company, directly or indirectly own any interest in, manage, control, participate in, consult with, render services for, or in any manner engage in any business competing with the businesses of the Company or its Subsidiaries, as such businesses exist or are in process on the date of the termination of Executive's ’s employment, within any geographical area in which the Company or its Subsidiaries engage or plan to engage in such businesses. Nothing herein shall prohibit Executive from being a passive owner of not more than 2% of the outstanding stock of any class of a corporation which is publicly traded, so long as Executive has no active participation in the business of such corporation.

Non-Compete, Non-Solicitation. (a) In further consideration of the compensation to be paid to Executive hereunder, Executive acknowledges that in the course of Executive's ’s employment with the Company Executive shall become familiar with the Company's ’s trade secrets and with other Confidential Information concerning the Company and its Subsidiaries and that Executive's ’s services shall be of special, unique and extraordinary value to the Company and its Subsidiaries. Therefore, Executive agrees that, during the Employment Term and for one year thereafter (the "“NONCOMPETE PERIOD"”), Executive shall not directly or indirectly own any interest in, manage, control, participate in, consult with, render services for, or in any manner engage in any business competing with the businesses of the Company or its Subsidiaries, as such businesses exist or are in process on the date of the termination of Executive's ’s employment, within any geographical area in which the Company or its Subsidiaries engage or plan to engage in such businesses. Nothing herein shall prohibit Executive from being a passive owner of not more than 2% of the outstanding stock of any class of a corporation which is publicly traded, so long as Executive has no active participation in the business of such corporation.

Non-Compete, Non-Solicitation. (a) In further consideration of the compensation to be paid to Executive hereunder, Executive acknowledges that in the course of Executive's his employment with the Company Executive he shall become familiar with the Company's and its Subsidiaries' trade secrets and with other Confidential Information concerning the Company and its Subsidiaries and that Executive's his services shall be of special, unique and extraordinary value to the Company and its Subsidiaries. Therefore, Executive agrees that, during the Employment Term period of Executive's employment with the Company and for one year two years thereafter (the "NONCOMPETE PERIODNoncompete Period"), Executive he shall not directly or indirectly own any interest in, manage, control, participate in, consult with, render services for, or in any manner engage in any business competing with the businesses of the Company or its Subsidiaries, as such businesses exist or are in process on the date of the termination of Executive's employment, within any geographical area in which the Company or its Subsidiaries engage or plan to engage in such businesses. Nothing herein shall prohibit Executive from being a passive owner of not more than 2% of the outstanding stock of any class of a corporation which is publicly traded, so long as Executive has no active participation in the business of such corporation.

Non-Compete, Non-Solicitation. (a) In further consideration of the compensation to be paid to Executive hereunder, Executive acknowledges that in the course of Executive's his employment with the Company Executive he shall become familiar with the Company's trade secrets and with other Confidential Information concerning the Company and its Subsidiaries and that Executive's his services shall be of special, unique and extraordinary value to the Company and its Subsidiaries. Therefore, Executive agrees that, during the Employment Term Period and for one year two years thereafter (the "NONCOMPETE PERIODNoncompete Period"), Executive he shall not not, without the express written consent of the Company, directly or indirectly own any interest in, manage, control, participate in, consult with, render services for, or in any manner engage in any business competing with the businesses of the Company or its Subsidiaries, as such businesses exist or are in process on the date of the termination of Executive's employment, within any geographical area in which the Company or its Subsidiaries engage or plan to engage in such businesses. Nothing herein shall prohibit Executive from being a passive owner of not more than 21% of the outstanding stock of any class of a corporation which is publicly traded, so long as Executive has no active participation in the business of such corporation.

Non-Compete, Non-Solicitation. (a) In further consideration of the compensation to be paid to Executive hereunder, Executive acknowledges that in the course of Executive's employment with the Company Executive shall become familiar with the Company's trade secrets and with other Confidential Information concerning the Company and its Subsidiaries and that Executive's services shall be of special, unique and extraordinary value to the Company and its Subsidiaries. Therefore, Executive agrees that, during the Employment Term and for one year thereafter (the "NONCOMPETE PERIODNoncompete Period"), Executive shall not directly or indirectly own any interest in, manage, control, participate in, consult with, render services for, or in any manner engage in any business competing with the businesses of the Company or its Subsidiaries, as such businesses exist or are in process on the date of the termination of Executive's employment, within any geographical area in which the Company or its Subsidiaries engage or plan to engage in such businesses. Nothing herein shall prohibit Executive from being a passive owner of not more than 2% of the outstanding stock of any class of a corporation which is publicly traded, so long as Executive has no active participation in the business of such corporation.

Non-Compete, Non-Solicitation. (a) In further consideration of and in connection with the compensation to be paid to Executive hereunderEmployment Agreement, Executive acknowledges that in the course of Executive's his employment with the Company Executive and its Subsidiaries he shall become familiar with the Company's trade secrets and with other Confidential Information concerning the Company and its Subsidiaries Subsidiaries, and that Executive's his services have been and shall be of special, unique and extraordinary value to the Company and its Subsidiaries. Therefore, Executive agrees that, during the Employment Term Period and for one year thereafter (the "NONCOMPETE PERIODNoncompete Period"), Executive he shall not directly or indirectly own any interest ----------------- in, manage, control, participate in, consult with, render services for, or in any manner engage in any business involved in the business of crane and other lifting equipment sales or rentals, excavation contracting services, sales or rentals of other construction equipment, the provision of marine transportation services or competing with the businesses of the Company or its Subsidiaries, as such businesses exist or are in process on the date of the termination or expiration of Executive's employmentthe Employment Period, within any geographical area in which the Company or its Subsidiaries engage or plan at such time have existing plans to engage in such businesses. Nothing herein shall prohibit Executive from being a passive owner of not more than 2% of the outstanding stock of any class of a corporation which is publicly traded, so long as Executive has no active participation in the business of such corporation.

Non-Compete, Non-Solicitation. (a) In further consideration of the compensation to be paid to Executive hereunder, Executive acknowledges that in the course of Executive's his employment with the Company Executive he shall become familiar with the Company's and its Subsidiaries' trade secrets and with other Confidential Information concerning the Company and its Subsidiaries and that Executive's his services shall be of special, unique and extraordinary value to the Company and its Subsidiaries. Therefore, Executive agrees that, during the Employment Term period of Executive's employment with the Company and for one year three years thereafter (the "NONCOMPETE PERIODNoncompete Period"), Executive he shall not directly or indirectly own any interest in, manage, control, participate in, consult with, render services for, or in any manner engage in any business competing with the businesses of the Company or its Subsidiaries, as such businesses exist or are in process on the date of the termination of Executive's employment, within any geographical area in which the Company or its Subsidiaries engage or plan to engage in such businesses. Nothing herein shall prohibit Executive from being a passive owner of not more than 2% of the outstanding stock of any class of a corporation which is publicly traded, so long as Executive has no active participation in the business of such corporation.

Non-Compete, Non-Solicitation. (a) In further consideration of the compensation to be paid to Executive hereunder, Executive acknowledges that in the course of Executive's his employment with the Company Executive he shall become familiar with the Company's ’s trade secrets and with other Confidential Information concerning the Company and its Subsidiaries and that Executive's his services shall be of special, unique and extraordinary value to the Company and its Subsidiaries. Therefore, Executive agrees that, during the Employment Term Period and for one year two years thereafter (the "NONCOMPETE PERIOD"“Noncompete Period”), Executive he shall not not, without the express written consent of the Company, directly or indirectly own any interest in, manage, control, participate in, consult with, render services for, or in any manner engage in any business competing with the businesses of the Company or its Subsidiaries, as such businesses exist or are in process on the date of the termination of Executive's ’s employment, within any geographical area in which the Company or its Subsidiaries engage or plan to engage in such businesses. Nothing herein shall prohibit Executive from being a passive owner of not more than 21% of the outstanding stock of any class of a corporation which is publicly traded, so long as Executive has no active participation in the business of such corporation.

Non-Compete, Non-Solicitation. (a) In further consideration of the compensation to be paid to Executive hereunder, Executive acknowledges that in the course of Executive's her employment with the Company Executive shall she has become and will continue to be familiar with the Company's and its subsidiaries' trade secrets and with other Confidential Information concerning the Company and its Subsidiaries and that Executive's her services have been and shall be of special, unique and extraordinary value to the Company and its Subsidiariessubsidiaries. Therefore, Executive agrees that, during the Employment Term Period and for one year eighteen (18) months thereafter (the "NONCOMPETE PERIODNoncompete Period"), Executive she shall not directly or indirectly own ----------------- any interest in, manage, control, participate in, consult with, render services for, or in any manner engage in any business competing with the businesses of the Company or its Subsidiariessubsidiaries, as such businesses exist or are in process on the date of the termination of Executive's employment, within any geographical area in which the Company or its Subsidiaries subsidiaries engage or plan to engage in such businesses. Nothing herein shall prohibit Executive from being a passive owner of or not more than 2% of the outstanding stock of any class of a corporation which is publicly traded, so long as Executive has no active participation in the business of such corporation.

Non-Compete, Non-Solicitation. (a) In further consideration of the compensation to be paid to Executive hereunder, Executive acknowledges that in the course of Executive's his employment with the Company Executive he shall become familiar with the Company's trade secrets and with other Confidential Information concerning the Company and its Subsidiaries and that Executive's his services shall be of special, unique and extraordinary value to the Company and its Subsidiaries. Therefore, Executive agrees that, during the Employment Term Period and for one year two years thereafter (the "NONCOMPETE PERIOD"), Executive he shall not not, without the express written consent of the Company, directly or indirectly own any interest in, manage, control, participate in, consult with, render services for, or in any manner engage in any business competing with the businesses of the Company or its Subsidiaries, as such businesses exist or are in process on the date of the termination of Executive's employment, within any geographical area in which the Company or its Subsidiaries engage or plan to engage in such businesses. Nothing herein shall prohibit Executive from being a passive owner of not more than 2% of the outstanding stock of any class of a corporation corporation, which is publicly traded, so long as Executive has no active participation in the business of such corporation.