Common use of Non Competition and Confidential Information Clause in Contracts

Non Competition and Confidential Information. You agree, acknowledge and affirm that Sections 5, 6, 8 (other than Section 8(i)), 10, 11, 13, 15 and 19 of your Employment Agreement remain in full force and effect and are not superceded, merged or otherwise affected by this letter agreement and that you will continue to be bound by the terms and conditions of Sections 5, 6, 8 (other than Section 8(i)), 10, 11, 13, 15 and 19 of your Employment Agreement. You further agree that the covenants, prohibitions and restrictions contained in this letter agreement are in addition to, and not in lieu of, any rights or remedies that the Company may have available pursuant to the foregoing sections of your Employment Agreement or the laws of any jurisdiction, or the common law or equity, and the enforcement or non-enforcement by the Company of its rights and remedies pursuant to this letter agreement shall not be construed as a waiver of any other rights or remedies that it may possess. Any breach by you of this paragraph 7, or of Sections 5, 6 and/or 8 (other than Section 8(i)), 10, 11, 13, 15 and 19 of your Employment Agreement, shall be grounds for termination of any payments to be made or benefits to be delivered hereunder. Additionally, in the event of any such breach, you agree to repay the Company the gross amount of any payments and the value of any benefits described in paragraphs 2 and 4 of this letter agreement that you previously received pursuant to this letter agreement that you would not have been entitled to receive absent this letter agreement.

Non Competition and Confidential Information. You agree, acknowledge and affirm that Sections 5, 6, 8 (other than Section 8(i)), 10, 11, 13, 13 and 15 and 19 of your Employment Agreement remain in full force and effect and are not superceded, merged or otherwise affected by this letter agreement and that you will continue to be bound by the terms and conditions of Sections 5, 6, 8 (other than Section 8(i)), 10, 11, 13, 13 and 15 and 19 of your Employment Agreement. You further agree that the covenants, prohibitions and restrictions contained in this letter agreement are in addition to, and not in lieu of, any rights or remedies that the Company may have available pursuant to the foregoing sections of your Employment Agreement or the laws of any jurisdiction, or the common law or equity, and the enforcement or non-enforcement by the Company of its rights and remedies pursuant to this letter agreement shall not be construed as a waiver of any other rights or remedies that it may possess. Any breach by you of this paragraph 78, or of Sections 5, 6 and/or 5 and 8 (other than Section 8(i)), 10, 11, 13, 15 and 19 ) of your Employment Agreement, shall be grounds for termination of any payments to be made or benefits to be delivered hereunder. Additionally, in the event of any such breach, you agree to repay the Company the gross amount of any payments and the value of any benefits described in paragraphs 2 2, 3 and 4 5 of this letter agreement that you previously received pursuant to this letter agreement agreement, that you would not have been entitled to receive absent this letter agreement.

Non Competition and Confidential Information. You agree, acknowledge and affirm that Sections 5, 6, 8 5 (other than Section 8(i)), 10, 11, 13, 15 and 19 ) through 11 of your the Employment Agreement remain in full force and effect and are not superceded, merged or otherwise affected by this letter agreement and that you will continue to be bound by the terms and conditions of Sections 5, 6, 8 5 (other than Section 8(i)), 10, 11, 13, 15 and 19 ) through 11 of your the Employment Agreement. You further agree that the covenants, prohibitions and restrictions contained in this letter agreement are in addition to, and not in lieu of, any rights or remedies that the Company may have available pursuant to the foregoing sections of your Employment Agreement or the laws of any jurisdiction, or the common law or equity, and the enforcement or non-enforcement by the Company of its rights and remedies pursuant to this letter agreement shall not be construed as a waiver of any other rights or remedies that it may possess. Any breach by you of this paragraph 7, 7 or of Sections 5, 6 and/or 8 5 (other than Section 8(i)), 10, 11, 13, 15 and 19 ) through 11 of your the Employment Agreement, shall be grounds for termination of any payments to be made or benefits to be delivered hereunderthat you would not have been entitled to receive absent this letter agreement. Additionally, in the event of any such breach, you agree to repay the Company the gross amount of any payments and the value of any benefits described in paragraphs 2 and 4 of this letter agreement that you previously received pursuant to this letter agreement that you would not have been entitled to receive absent this letter agreement.

Non Competition and Confidential Information. You agree, acknowledge and affirm that Sections 5, 6, 8 (other than Section 8(i8(a)), 10, 11, 13, 13 and 15 and 19 of your Employment Agreement remain in full force and effect and are not supercededsuperseded, merged or otherwise affected by this letter agreement and that you will continue to be bound by the terms and conditions of Sections 5, 6, 8 (other than Section 8(i)8(a) and except that the “Non-Competition Period” for purposes of this letter agreement shall be seven (7) months instead of twelve (12) months), 10, 11, 13, 13 and 15 and 19 of your Employment Agreement. You further agree that the covenants, prohibitions and restrictions contained in this letter agreement are in addition to, and not in lieu of, any rights or remedies that the Company may have available pursuant to the foregoing sections of your Employment Agreement or the laws of any jurisdiction, or the common law or equity, and the enforcement or non-enforcement by the Company of its rights and remedies pursuant to this letter agreement shall not be construed as a waiver of any other rights or remedies that it may possess. Any breach by you of this paragraph 7, or of Sections 5, 6 and/or 8 (other than Section 8(i8(a)), 10, 11, 13, 13 and 15 and 19 of your Employment Agreement, shall be grounds for termination of any payments to be made or benefits to be delivered hereunder. Additionally, in the event of any such breach, you agree to repay the Company gross value of any payment, the gross amount of any payments and the value of any benefits and the gross value of the shares which become vested, as described in paragraphs 2 and 4 3 of this letter agreement that you previously received pursuant to this letter agreement that you would not have been entitled to receive absent this letter agreement.

Non Competition and Confidential Information. You agree, acknowledge and affirm that Sections 5, 6, 8 (other than Section 8(i)), 10, 11, 13, 15 and 19 of your Employment Agreement remain in full force and effect and are not superceded, merged or otherwise affected by this letter agreement and that you will continue to be bound by the terms and conditions of Sections 5, 6, 8 (other than Section 8(i)), 10, 11, 13, 15 and 19 of your Employment Agreement. You further agree that the covenants, prohibitions and restrictions contained in this letter agreement are in addition to, and not in lieu of, any rights or remedies that the Company may have available pursuant to the foregoing sections of your Employment Agreement or the laws of any jurisdiction, or the common law or equity, and the enforcement or non-enforcement by the Company of its rights and remedies pursuant to this letter agreement shall not be construed as a waiver of any other rights or remedies that it may possess. Any breach by you of this paragraph 79, or of Sections 5, 6 and/or 8 (other than Section 8(i)), 10, 11, 13, 15 and 19 ) of your Employment Agreement, shall be grounds for termination of any payments to be made or benefits to be delivered hereunder. Additionally, in the event of any such breach, you agree to repay the Company the gross amount of any payments and the value of any benefits (including without limitation the benefits related to the vesting and payment of any stock awards) described in paragraphs 2 2, 3, 5 and 4 6 of this letter agreement that you previously received pursuant to this letter agreement that you would not have been entitled to receive absent this letter agreement.