Common use of Non Competition and Confidentiality Clause in Contracts

Non Competition and Confidentiality. To the maximum extent permissible by law: (a) During her employment with the Company and for a period of one (1) year after the termination of her employment with the Company for any reason whatsoever, whether by Employee or by the Company and whether during the term of this Agreement or subsequent to the expiration of this Agreement, Employee shall not, directly or indirectly induce or intentionally influence any customer, employee, consultant, independent contractor or supplier of the Company to change his, her or its business relationship with or terminate employment with the Company. (b) During her employment with the Company and for a period of nine (9) months following the termination of her employment with the Company for any reason whatsoever, whether by Employee or by the Company and whether during the term of this Agreement or subsequent to the expiration or termination of this Agreement, Employee shall not engage in (as a principal, partner, director, officer, agent, employee, consultant, owner, independent contractor or otherwise) or be financially interested in the retail department store business of any Competitor of the Company. For purposes of this Agreement, a Competitor means each of Macy’s, Inc.; Xxxxxxx’x Inc.; Xxxx’x Corporation; Xxxx, Inc. and X.X. Xxxxxx, Inc. or the affiliates and successors of each of them. (c) During her employment with the Company and at all times thereafter, and except as required by law, Employee shall not use for her personal benefit, or disclose, communicate or divulge to, or use for the direct or indirect benefit of, any person, firm, association or company other than the Company, any confidential information of the Company that Employee acquires in the course of her employment, which is not otherwise lawfully known by and readily available to the general public. This confidential information includes, but is not limited to: any material referred to in paragraph 10 or any non-public information regarding the business, marketing, legal or accounting methods, policies, plans, procedures, strategies or techniques; research or development projects or results; trade secrets or other knowledge or processes of or developed by the Company; names and addresses of employees, suppliers or customers. Employee confirms that such information is confidential and constitutes the exclusive property of the Company, and agrees that, immediately upon her termination, whether by Employee or by the Company and whether during the term of this Agreement or subsequent to the expiration of this Agreement, Employee shall deliver to the Company all correspondence, documents, books, records, lists, computer programs and other writings relating to the Company’s business; and Employee shall retain no copies, regardless of where or by whom said writings were kept or prepared. (d) Both during her employment with the Company and following her termination for any reason, whether by Employee or by the Company and whether during the term of this Agreement or following the expiration of the Agreement, Employee shall, upon reasonable notice, furnish to the Company such information pertaining to her employment with the Company as may be in her possession. The Company shall reimburse Employee for all reasonable expenses incurred by her in fulfilling her obligation under this subparagraph (d). (e) The provisions of paragraphs 10 and 11 shall survive the cessation of Employee’s employment for any reason, as well as the expiration of this Agreement at the end of its term or at any time prior thereto. (f) Employee acknowledges that the restrictions contained in this paragraph 11, in view of the nature of the business in which the Company is engaged and the Employee’s position with the Company, are reasonable and necessary to protect the legitimate interests of the Company, and that any violation of those restrictions would result in irreparable injury to the Company. Employee therefore agrees that, in the event of her violation of any of those restrictions, the Company shall be entitled to obtain from any court of competent jurisdiction preliminary and permanent injunctive relief against Employee, in addition to damages from Employee and an equitable accounting of all commissions, earnings, profits and other benefits arising from such violation, which rights shall be cumulative and in addition to any other rights or remedies to which the Company may be entitled. (g) Employee agrees that if any or any portion of the foregoing covenants, or the application thereof, is construed to be invalid or unenforceable, the remainder of such covenant or covenants or the application thereof shall not be affected and the remaining covenant or covenants will then be given full force and effect without regard to the invalid or unenforceable portions. If any covenant is held to be unenforceable because of the area covered, the duration thereof, or the scope thereof, Employee agrees that the Court making such determination shall have the power to reduce the area and/or the duration, and/or limit the scope thereof, and the covenant shall then be enforceable in its reduced form. If Employee violates any of the restrictions contained in subparagraphs (a) or (b), the period of such violation (from the commencement of any such violation until such time as such violation shall be cured by Employee to the satisfaction of the Company) shall not count toward or be included in the restrictive period contained in subparagraphs (a) and (b). (h) Employee represents and warrants that the knowledge, skill and abilities she possesses at the time of her execution of this Agreement are sufficient to permit her to earn a living by working for a non-competitor of the Company for the restrictive periods set forth in subparagraphs (a) and (b) above. (i) For purposes of paragraphs 10 and 11 of this Agreement, the term “Company” shall include not only The Bon-Ton Stores, Inc., but also any of its successors, assigns, subsidiaries or affiliates.

Non Competition and Confidentiality. To the maximum extent permissible by law: (a) During her his employment with the Company and for a period of one (1) year after the termination of her his employment with the Company for any reason whatsoever, whether by Employee or by the Company and whether during the term of this Agreement or subsequent to the expiration of this Agreement, Employee shall not, directly or indirectly induce or intentionally influence any customer, employee, consultant, independent contractor or supplier of the Company to change his, her or its business relationship with or terminate employment with the Company. (b) During her his employment with the Company and for a period of nine (9) months following after the termination of her his employment with the Company for any reason whatsoever, whether by Employee or by the Company and whether during the term of this Agreement or subsequent to the expiration or termination of this AgreementAgreement for a period equal to one-half of the period for which the Employee receives severance payments according to paragraph 11(a), Employee shall not engage in (as a principal, partner, director, officer, agent, employee, consultant, owner, independent contractor or otherwise) or be financially interested in the retail department store business of any Competitor of the Company. For purposes of this Agreement, a Competitor means each of Macy’sFederated Department Stores, Inc.; Xxxxxxx’x Inc.; , Xxxx’x Corporation; , Xxxx, Inc. and X.X. Xxxxxx, Inc. or the affiliates and successors of each of them. (c) During her his employment with the Company and at all times thereafter, and except as required by law, Employee shall not use for her his personal benefit, or disclose, communicate or divulge to, or use for the direct or indirect benefit of, any person, firm, association or company other than the Company, any confidential information of the Company that Employee acquires in the course of her his employment, which is not otherwise lawfully known by and readily available to the general public. This confidential information includes, but is not limited to: any material referred to in paragraph 10 12 or any non-public information regarding the business, marketing, legal or accounting methods, policies, plans, procedures, strategies or techniques; research or development projects or results; trade secrets or other knowledge or processes of or developed by the Company; names and addresses of employees, suppliers or customers. Employee confirms that such information is confidential and constitutes the exclusive property of the Company, and agrees that, immediately upon her his termination, whether by Employee or by the Company and whether during the term of this Agreement or subsequent to the expiration of this Agreement, Employee shall deliver to the Company all correspondence, documents, books, records, lists, computer programs and other writings relating to the Company’s business; and Employee shall retain no copies, regardless of where or by whom said writings were kept or prepared. (d) Both during her his employment with the Company and following her his termination for any reason, whether by Employee or by the Company and whether during the term of this Agreement or following the expiration of the Agreement, Employee shall, upon reasonable notice, furnish to the Company such information pertaining to her his employment with the Company as may be in her his possession. The Company shall reimburse Employee for all reasonable expenses incurred by her him in fulfilling her his obligation under this subparagraph (d). (e) The provisions of paragraphs 10 subparagraphs (a), (b), (c) and 11 (d) shall survive the cessation of Employee’s employment for any reason, as well as the expiration of this Agreement at the end of its term or at any time prior thereto. (f) Employee acknowledges that the restrictions contained in this paragraph 1113, in view of the nature of the business in which the Company is engaged and the Employee’s position with the Company, are reasonable and necessary to protect the legitimate interests of the Company, and that any violation of those restrictions would result in irreparable injury to the Company. Employee therefore agrees that, in the event of her his violation of any of those restrictions, the Company shall be entitled to obtain from any court of competent jurisdiction preliminary and permanent injunctive relief against Employee, in addition to damages from Employee and an equitable accounting of all commissions, earnings, profits and other benefits arising from such violation, which rights shall be cumulative and in addition to any other rights or remedies to which the Company may be entitled. (g) Employee agrees that if any or any portion of the foregoing covenants, or the application thereof, is construed to be invalid or unenforceable, the remainder of such covenant or covenants or the application thereof shall not be affected and the remaining covenant or covenants will then be given full force and effect without regard to the invalid or unenforceable portions. If any covenant is held to be unenforceable because of the area covered, the duration thereof, or the scope thereof, Employee agrees that the Court making such determination shall have the power to reduce the area and/or the duration, and/or limit the scope thereof, and the covenant shall then be enforceable in its reduced form. If Employee violates any of the restrictions contained in subparagraphs (a) or (b), the period of such violation (from the commencement of any such violation until such time as such violation shall be cured by Employee to the satisfaction of the Company) shall not count toward or be included in the restrictive period contained in subparagraphs (a) and (b). (h) Employee represents and warrants that the knowledge, skill and abilities she possesses at the time of her execution of this Agreement are sufficient to permit her to earn a living by working for a non-competitor of the Company for the restrictive periods set forth in subparagraphs (a) and (b) above. (i) For purposes of paragraphs 10 12 and 11 13 of this Agreement, the term “Company” shall include not only The Bon-Ton Stores, Inc., but also any of its successors, assigns, subsidiaries or affiliates. Employee consents to the assignment of this Agreement to any purchaser of the Company or a substantial portion of its assets.

Non Competition and Confidentiality. To the maximum extent permissible by law: (a) During her his employment with the Company and for a period equal to the greater of (x) one (1) year after the termination of her his employment with the Company for any reason whatsoever, whether by Employee or by the Company and whether during the term of this Agreement or subsequent to the expiration of this Agreement, or (y) the period during which Employee is entitled to receive any payments under Paragraph 11(a) of this Agreement, Employee shall not, directly or indirectly induce indirectly: (i) Induce or intentionally influence any customer, employee, consultant, independent contractor or supplier of the Company to change his, her or its cease to do business relationship with or terminate his or her employment with the Company. (bii) During her employment with the Company and for a period of nine (9) months following the termination of her employment with the Company for any reason whatsoever, whether by Employee or by the Company and whether during the term of this Agreement or subsequent to the expiration or termination of this Agreement, Employee shall not engage Engage in (as a principal, partner, director, officer, agent, employee, consultant, owner, independent contractor or otherwise) or be financially interested in the any retail department store business business: (a) that is a direct competitor of any Competitor the Company (i.e. competitive lines generate at least 30% of the Company. For purposes 's revenues and at least 30% of this Agreementthe competitor's revenues); (b) with at least $250 million in gross annual sales; and (c) operating a store or stores within a 15 mile radius of any Company store which is in existence or which is under contract to be acquired or constructed by the Company at the time of Employee's termination of employment, a Competitor means each and which competing store or stores have total gross annual sales in excess of Macy’s15% of the Company's gross annual sales for the prior year, Inc.; Xxxxxxx’x Inc.; Xxxx’x Corporation; Xxxx, Inc. including owned and X.X. Xxxxxx, Inc. or the affiliates and successors of each of themleased businesses. (cb) During her his employment with the Company and at all times thereafter, and except as required by law, Employee shall not use for her his personal benefit, or disclose, communicate or divulge to, or use for the direct or indirect benefit of, any person, firm, association or company other than the Company, any confidential information of the Company that which Employee acquires in the course of her his employment, which is not otherwise lawfully known by and readily available to the general public. This confidential information includes, but is not limited to: any material referred to in paragraph 10 Paragraph 12 or any non-public information regarding the business, marketing, legal or accounting methods, policies, plans, procedures, strategies or techniques; research or development projects or results; trade secrets or other knowledge or processes of of, or developed by by, the Company; names and addresses of employees, suppliers or customers. Employee confirms that such information is confidential and constitutes the exclusive property of the Company, Company and agrees that, immediately upon her his termination, whether by Employee or by the Company and whether during the term of this Agreement or subsequent to the expiration of this Agreement, Employee shall deliver to the Company all correspondence, documents, books, records, lists, computer programs and other writings relating to the Company’s 's business; and Employee shall retain no copies, regardless of where or by whom said writings were kept or prepared. (dc) Both during her his employment with the Company and following her his termination for any reason, whether by Employee or by the Company and whether during the term of this Agreement or following the expiration of the Agreement, Employee shall, upon reasonable notice, furnish to the Company such information pertaining to her his employment with the Company as may be in her his possession. The Company shall reimburse Employee for all reasonable expenses incurred by her him in fulfilling her his obligation under this subparagraph (dsubparagraph(c). (ed) The provisions of paragraphs 10 subparagraphs (a), (b) and 11 (c) shall survive the cessation termination of Employee’s 's employment for any reason, as well as the expiration of this Agreement at the end of its term or at any time prior thereto. (fe) Employee acknowledges that the restrictions contained in this paragraph 11Paragraph 13, in view of the nature of the business in which the Company is engaged and the Employee’s 's position with the Company, are reasonable and necessary to protect the legitimate interests of the Company, and that any violation of those restrictions would result in irreparable injury to the Company. Employee therefore agrees that, in the event of her his violation of any of those restrictions, the Company shall be entitled to obtain from any court of competent jurisdiction preliminary and permanent injunctive relief against Employee, in addition to damages from Employee and an equitable accounting of all commissions, earnings, profits and other benefits arising from such violation, which rights shall be cumulative and in addition to any other rights or remedies to which the Company may be entitled. (gf) Employee agrees that if any or any portion of the foregoing covenants, or the application thereof, is construed to be invalid or unenforceable, the remainder of such covenant or covenants or the application thereof shall not be affected and the remaining covenant or covenants will then be given full force and effect without regard to the invalid or unenforceable portions. If any covenant is held to be unenforceable because of the area covered, the duration thereof, or the scope thereof, Employee agrees that the Court making such determination shall have the power to reduce the area and/or the duration, and/or limit the scope thereof, and the covenant shall then be enforceable in its reduced form. If Employee violates any of the restrictions contained in subparagraphs subparagraph (a) or (b), the period of such violation (from the commencement of any such violation until such time as such violation shall be cured by Employee to the satisfaction of the Company) shall not count toward or be included in the one year (or such longer period as may be prescribed by such section) restrictive period contained in subparagraphs subparagraph (a) and (b). (hg) Employee represents and warrants that the knowledge, skill and abilities she he possesses at the time of her his execution of this Agreement are sufficient to permit her him to earn a living by working for a non-competitor of the Company for the restrictive periods period set forth in subparagraphs subparagraph (a) and (b) above. (ih) For purposes of paragraphs 10 Paragraphs 12 and 11 13 of this Agreement, the term “"Company” " shall include not only The Bon-Ton Stores, Inc., but also any of its successors, assigns, subsidiaries or affiliates.

Non Competition and Confidentiality. To the maximum extent permissible by law: (a) During her his employment with the Company and for a period of one (1) year after the termination of her employment with the Company for any reason whatsoever, whether by Employee or by the Company and whether during the term of this Agreement or subsequent to the expiration of this Agreement, Employee shall not, directly or indirectly induce or intentionally influence any customer, employee, consultant, independent contractor or supplier of the Company to change his, her or its business relationship with or terminate employment with the Company. (b) During her employment with the Company and for a period of nine (9) months following the termination of her his employment with the Company for any reason whatsoever, whether by Employee or by the Company and whether during the term of this Agreement or subsequent to the expiration or termination of this Agreement, Employee shall not engage not, directly or indirectly: (i) Induce or intentionally influence any customer, employee, consultant, independent contractor or supplier of the Company to change its business relationship with or terminate employment with the Company. (ii) Engage in (as a principal, partner, director, officer, agent, employee, consultant, owner, independent contractor or otherwise) or be financially interested in the retail department store business of any Competitor of the Company. For purposes of this Agreement, a Competitor means each of MacyFederated Department Stores, Dxxxxxx’x Inc., Kxxx’x Corporation, Bxxx, Inc., Limited Brands, Inc., Target Corporation, Boscov’s, Inc.; Xxxxxxx’x Inc.; Xxxx’x , Sears Holdings Corporation; Xxxx, Inc. and X.X. XxxxxxJ. X. Pxxxxx Company, Inc. or the affiliates and successors of each of them. (cb) During her his employment with the Company and at all times thereafter, and except as required by law, Employee shall not use for her his personal benefit, or disclose, communicate or divulge to, or use for the direct or indirect benefit of, any person, firm, association or company other than the Company, any confidential information Confidential Information (defined below) of the Company that Employee acquires in the course of her his employment, which unless such Confidential Information is not otherwise lawfully known by and readily available to the general public, was received from a third party who was not under any restriction to disclose such information, or is independently developed without the use of the Company’s Confidential Information. This confidential information Confidential Information includes, but is not limited to: any material referred to in paragraph 10 or Paragraph 13 and any non-public information regarding the business, marketing, legal or accounting methods, policies, plans, procedures, strategies or techniques; research or development projects or results; trade secrets or other knowledge or processes of or developed by the Company; names and addresses of employees, suppliers or customerscustomers (“Confidential Information”). Employee confirms that such information is confidential and constitutes the exclusive property of the Company, and agrees that, immediately upon her his termination, whether by Employee or by the Company and whether during the term of this Agreement or subsequent to the expiration of this Agreement, Employee shall deliver to the Company all correspondence, documents, books, records, lists, computer programs and other writings relating to the Company’s business; and Employee shall retain no copies, regardless of where or by whom said writings were kept or prepared. (dc) Both during her his employment with the Company and following her his termination for any reason, whether by Employee or by the Company and whether during the term of this Agreement or following the expiration of the Agreement, Employee shall, upon reasonable notice, furnish to the Company such information pertaining to her his employment with the Company as may be in her his possession. The Company shall reimburse Employee for all reasonable expenses incurred by her him in fulfilling her obligation his obligations under this subparagraph (dc). (ed) The provisions of paragraphs 10 subparagraphs (a), (b) and 11 (c) shall survive the cessation of Employee’s employment for any reason, as well as the expiration or termination of this Agreement at the end of its term or at any time prior thereto. (fe) Employee acknowledges that the restrictions contained in this paragraph 11Paragraph 14, in view of the nature of the business in which the Company is engaged and the Employee’s position with the Company, are reasonable and necessary to protect the legitimate interests of the Company, and that any violation of those restrictions would result in irreparable injury to the Company. Employee therefore agrees that, in the event of her his violation of any of those restrictions, the Company shall be entitled to obtain from any court of competent jurisdiction preliminary and permanent injunctive relief against Employee, in addition to damages from Employee and an equitable accounting of all commissions, earnings, profits and other benefits arising from such violation, which rights shall be cumulative and in addition to any other rights or remedies to which the Company may be entitled. (gf) Employee agrees that if any or any portion of the foregoing covenants, or the application thereof, is construed to be invalid or unenforceable, the remainder of such covenant or covenants or the application thereof shall not be affected and the remaining covenant or covenants will then be given full force and effect without regard to the invalid or unenforceable portions. If any covenant is held to be unenforceable because of the area covered, the duration thereof, or the scope thereof, Employee agrees that the Court making such determination shall have the power to reduce the area and/or the duration, and/or limit the scope thereof, and the covenant shall then be enforceable in its reduced form. If Employee violates any of the restrictions contained in subparagraphs subparagraph (a) or (b), the period of such violation (from the commencement of any such violation until such time as such violation shall be cured by Employee to the satisfaction of the Company) shall not count toward or be included in the one year (or such longer period as may be prescribed by such section) restrictive period contained in subparagraphs subparagraph (a) and (b). (hg) Employee represents and warrants that the knowledge, skill and abilities she he possesses at the time of her his execution of this Agreement are sufficient to permit her him to earn a living by working for a non-competitor of the Company for the restrictive periods period set forth in subparagraphs subparagraph (a) and (b) above. (ih) For purposes of paragraphs 10 Paragraphs 13 and 11 14 of this Agreement, the term “Company” shall include not only The Bon-Ton Stores, Inc., but also any of its successors, assigns, subsidiaries or affiliates.

Non Competition and Confidentiality. To the maximum extent permissible by law: (a) During her his employment with the Company and for a period of one (1) year after the termination of her his employment with the Company for any reason whatsoever, whether by Employee or by the Company and whether during the term of this Agreement or subsequent to the expiration of this Agreement, Employee shall not, directly or indirectly induce or intentionally influence any customer, employee, consultant, independent contractor or supplier of the Company to change his, her or its business relationship with or terminate employment with the Company. (b) During her his employment with the Company and for a period of nine (9) months following after the termination of her his employment with the Company for any reason whatsoever, whether by Employee or by the Company and whether during the term of this Agreement or subsequent to the expiration or termination of this AgreementAgreement for a period equal to one-half of the period for which the Employee receives severance payments according to paragraph 10(a), Employee shall not engage in (as a principal, partner, director, officer, agent, employee, consultant, owner, independent contractor or otherwise) or be financially interested in the retail department store business of any Competitor of the Company. For purposes of this Agreement, a Competitor means each of Macy’sFederated Department Stores, Inc.; Xxxxxxx’x Inc.; , Xxxx’x Corporation; , Xxxx, Inc. and X.X. Xxxxxx, Inc. or the affiliates and successors of each of them. (c) During her his employment with the Company and at all times thereafter, and except as required by law, Employee shall not use for her his personal benefit, or disclose, communicate or divulge to, or use for the direct or indirect benefit of, any person, firm, association or company other than the Company, any confidential information of the Company that Employee acquires in the course of her his employment, which is not otherwise lawfully known by and readily available to the general public. This confidential information includes, but is not limited to: any material referred to in paragraph 10 11 or any non-public information regarding the business, marketing, legal or accounting methods, policies, plans, procedures, strategies or techniques; research or development projects or results; trade secrets or other knowledge or processes of or developed by the Company; names and addresses of employees, suppliers or customers. Employee confirms that such information is confidential and constitutes the exclusive property of the Company, and agrees that, immediately upon her his termination, whether by Employee or by the Company and whether during the term of this Agreement or subsequent to the expiration of this Agreement, Employee shall deliver to the Company all correspondence, documents, books, records, lists, computer programs and other writings relating to the Company’s business; and Employee shall retain no copies, regardless of where or by whom said writings were kept or prepared. (d) Both during her his employment with the Company and following her his termination for any reason, whether by Employee or by the Company and whether during the term of this Agreement or following the expiration of the Agreement, Employee shall, upon reasonable notice, furnish to the Company such information pertaining to her his employment with the Company as may be in her his possession. The Company shall reimburse Employee for all reasonable expenses incurred by her him in fulfilling her his obligation under this subparagraph (d). (e) The provisions of paragraphs 10 subparagraphs (a), (b), (c) and 11 (d) shall survive the cessation of Employee’s employment for any reason, as well as the expiration of this Agreement at the end of its term or at any time prior thereto. (f) Employee acknowledges that the restrictions contained in this paragraph 1112, in view of the nature of the business in which the Company is engaged and the Employee’s position with the Company, are reasonable and necessary to protect the legitimate interests of the Company, and that any violation of those restrictions would result in irreparable injury to the Company. Employee therefore agrees that, in the event of her his violation of any of those restrictions, the Company shall be entitled to obtain from any court of competent jurisdiction preliminary and permanent injunctive relief against Employee, in addition to damages from Employee and an equitable accounting of all commissions, earnings, profits and other benefits arising from such violation, which rights shall be cumulative and in addition to any other rights or remedies to which the Company may be entitled. (g) Employee agrees that if any or any portion of the foregoing covenants, or the application thereof, is construed to be invalid or unenforceable, the remainder of such covenant or covenants or the application thereof shall not be affected and the remaining covenant or covenants will then be given full force and effect without regard to the invalid or unenforceable portions. If any covenant is held to be unenforceable because of the area covered, the duration thereof, or the scope thereof, Employee agrees that the Court making such determination shall have the power to reduce the area and/or the duration, and/or limit the scope thereof, and the covenant shall then be enforceable in its reduced form. If Employee violates any of the restrictions contained in subparagraphs (a) or (b), the period of such violation (from the commencement of any such violation until such time as such violation shall be cured by Employee to the satisfaction of the Company) shall not count toward or be included in the restrictive period contained in subparagraphs (a) and (b). (h) Employee represents and warrants that the knowledge, skill and abilities she possesses at the time of her execution of this Agreement are sufficient to permit her to earn a living by working for a non-competitor of the Company for the restrictive periods set forth in subparagraphs (a) and (b) above. (i) For purposes of paragraphs 10 11 and 11 12 of this Agreement, the term “Company” shall include not only The Bon-Ton Stores, Inc., but also any of its successors, assigns, subsidiaries or affiliates. Employee consents to the assignment of this Agreement to any purchaser of the Company or a substantial portion of its assets.

Non Competition and Confidentiality. To the maximum extent permissible by law: (a) During her his employment with the Company and for a period of one (1) year after the termination of her his employment with the Company for any reason whatsoever, whether by Employee or by the Company and whether during the term of this Agreement or subsequent to the expiration of this Agreement, Employee shall not, directly or indirectly induce indirectly: (i) Induce or intentionally influence any customer, employee, consultant, independent contractor or supplier of the Company to change his, her or its business relationship with or terminate employment with the Company. (bii) During her employment with After the Company and for a period cessation of nine (9) months following the termination of her employment with the Company for any reason whatsoeverhis employment, whether by Employee or by the Company and whether during the term of this Agreement or subsequent to the expiration or termination of this Agreement, Employee shall not engage in (as a principal, partner, director, officer, agent, employee, consultant, owner, independent contractor or otherwise) or be financially interested in the retail department store business of any Competitor of the Company. For purposes of this Agreement, a Competitor means each of Macy’sFederated Department Stores, Dxxxxxx’x Inc., Kxxx’x Corporation, Bxxx, Inc.; Xxxxxxx’x , Limited Brands, Inc.; Xxxx’x , Target Corporation; Xxxx, Inc. and X.X. XxxxxxBoscov’s, Inc. or the affiliates and successors of each of them. (cb) During her his employment with the Company and at all times thereafter, and except as required by law, Employee shall not use for her his personal benefit, or disclose, communicate or divulge to, or use for the direct or indirect benefit of, any person, firm, association or company other than the Company, any confidential information of the Company that Employee acquires in the course of her his employment, which is not otherwise lawfully known by and readily available to the general public. This confidential information includes, but is not limited to: any material referred to in paragraph 10 12 or any non-public information regarding the business, marketing, legal or accounting methods, policies, plans, procedures, strategies or techniques; research or development projects or results; trade secrets or other knowledge or processes of or developed by the Company; names and addresses of employees, suppliers or customers. Employee confirms that such information is confidential and constitutes the exclusive property of the Company, and agrees that, immediately upon her his termination, whether by Employee or by the Company and whether during the term of this Agreement or subsequent to the expiration of this Agreement, Employee shall deliver to the Company all correspondence, documents, books, records, lists, computer programs and other writings relating to the Company’s business; and Employee shall retain no copies, regardless of where or by whom said writings were kept or prepared. (dc) Both during her his employment with the Company and following her his termination for any reason, whether by Employee or by the Company and whether during the term of this Agreement or following the expiration of the Agreement, Employee shall, upon reasonable notice, furnish to the Company such information pertaining to her his employment with the Company as may be in her his possession. The Company shall reimburse Employee for all reasonable expenses incurred by her him in fulfilling her his obligation under this subparagraph (dc). (ed) The provisions of paragraphs 10 subparagraphs (a), (b) and 11 (c) shall survive the cessation of Employee’s employment for any reason, as well as the expiration of this Agreement at the end of its term or at any time prior thereto. (fe) Employee acknowledges that the restrictions contained in this paragraph 1113, in view of the nature of the business in which the Company is engaged and the Employee’s position with the Company, are reasonable and necessary to protect the legitimate interests of the Company, and that any violation of those restrictions would result in irreparable injury to the Company. Employee therefore agrees that, in the event of her his violation of any of those restrictions, the Company shall be entitled to obtain from any court of competent jurisdiction preliminary and permanent injunctive relief against Employee, in addition to damages from Employee and an equitable accounting of all commissions, earnings, profits and other benefits arising from such violation, which rights shall be cumulative and in addition to any other rights or remedies to which the Company may be entitled. (gf) Employee agrees that if any or any portion of the foregoing covenants, or the application thereof, is construed to be invalid or unenforceable, the remainder of such covenant or covenants or the application thereof shall not be affected and the remaining covenant or covenants will then be given full force and effect without regard to the invalid or unenforceable portions. If any covenant is held to be unenforceable because of the area covered, the duration thereof, or the scope thereof, Employee agrees that the Court making such determination shall have the power to reduce the area and/or the duration, and/or limit the scope thereof, and the covenant shall then be enforceable in its reduced form. If Employee violates any of the restrictions contained in subparagraphs subparagraph (a) or (b), the period of such violation (from the commencement of any such violation until such time as such violation shall be cured by Employee to the satisfaction of the Company) shall not count toward or be included in the one year (or such longer period as may be prescribed by such section) restrictive period contained in subparagraphs subparagraph (a) and (b). (h) Employee represents and warrants that the knowledge, skill and abilities she possesses at the time of her execution of this Agreement are sufficient to permit her to earn a living by working for a non-competitor of the Company for the restrictive periods set forth in subparagraphs (a) and (b) above. (ig) For purposes of paragraphs 10 12 and 11 13 of this Agreement, the term “Company” shall include not only The Bon-Ton Stores, Inc., but also any of its successors, assigns, subsidiaries or affiliates. Employee consents to the assignment of this Agreement to any purchaser of the Company or a substantial portion of its assets.

Non Competition and Confidentiality. To the maximum extent permissible by law: (a) During her his employment with the Company and for a period of one (1) year after the termination of her employment with the Company for any reason whatsoever, whether by Employee or by the Company and whether during the term of this Agreement or subsequent to the expiration of this Agreement, Employee shall not, directly or indirectly induce or intentionally influence any customer, employee, consultant, independent contractor or supplier of the Company to change his, her or its business relationship with or terminate employment with the Company. (b) During her employment with the Company and for a period of nine (9) months following the termination of her his employment with the Company for any reason whatsoever, whether by Employee or by the Company and whether during the term of this Agreement or subsequent to the expiration or termination of this Agreement, Employee shall not engage not, directly or indirectly: (i) Induce or intentionally influence any customer, employee, consultant, independent contractor or supplier of the Company to change its business relationship with or terminate employment with the Company. (ii) Engage in (as a principal, partner, director, officer, agent, employee, consultant, owner, independent contractor or otherwise) or be financially interested in the retail department store business of any Competitor of the Company. For purposes of this Agreement, a Competitor means each of MacyFederated Department Stores, Xxxxxxx’x Inc., Xxxx’x Corporation, Xxxx, Inc., Limited Brands, Inc., Target Corporation, Boscov’s, Inc.; Xxxxxxx’x Inc.; Xxxx’x , Sears Holdings Corporation; Xxxx, Inc. and X.X. XxxxxxX. X. Xxxxxx Company, Inc. or the affiliates and successors of each of them. (cb) During her his employment with the Company and at all times thereafter, and except as required by law, Employee shall not use for her his personal benefit, or disclose, communicate or divulge to, or use for the direct or indirect benefit of, any person, firm, association or company other than the Company, any confidential information Confidential Information (defined below) of the Company that Employee acquires in the course of her his employment, which unless such Confidential Information is not otherwise lawfully known by and readily available to the general public, was received from a third party who was not under any restriction to disclose such information, or is independently developed without the use of the Company’s Confidential Information. This confidential information Confidential Information includes, but is not limited to: any material referred to in paragraph Paragraph 10 or any non-public information regarding the business, marketing, legal or accounting methods, policies, plans, procedures, strategies or techniques; research or development projects or results; trade secrets or other knowledge or processes of or developed by the Company; names and addresses of employees, suppliers or customerscustomers (“Confidential Information”). Employee confirms that such information is confidential and constitutes the exclusive property of the Company, and agrees that, immediately upon her his termination, whether by Employee or by the Company and whether during the term of this Agreement or subsequent to the expiration of this Agreement, Employee shall deliver to the Company all correspondence, documents, books, records, lists, computer programs and other writings relating to the Company’s business; and Employee shall retain no copies, regardless of where or by whom said writings were kept or prepared. Confidential Information includes such information of the Northern Department Store Group that relates to business assets that were acquired by the Company from Saks. (dc) Both during her his employment with the Company and following her his termination for any reason, whether by Employee or by the Company and whether during the term of this Agreement or following the expiration of the Agreement, Employee shall, upon reasonable notice, furnish to the Company such information pertaining to her his employment with the Company as may be in her his possession. The Company shall reimburse Employee for all reasonable expenses incurred by her him in fulfilling her obligation his obligations under this subparagraph (dc). (ed) The provisions of paragraphs 10 subparagraphs (a), (b) and 11 (c) shall survive the cessation of Employee’s employment for any reason, as well as the expiration of this Agreement at the end of its term or at any time prior thereto. (fe) Employee acknowledges that the restrictions contained in this paragraph Paragraph 11, in view of the nature of the business in which the Company is engaged and the Employee’s position with the Company, are reasonable and necessary to protect the legitimate interests of the Company, and that any violation of those restrictions would result in irreparable injury to the Company. Employee therefore agrees that, in the event of her his violation of any of those restrictions, the Company shall be entitled to obtain from any court of competent jurisdiction preliminary and permanent injunctive relief against Employee, in addition to damages from Employee and an equitable accounting of all commissions, earnings, profits and other benefits arising from such violation, which rights shall be cumulative and in addition to any other rights or remedies to which the Company may be entitled. (gf) Employee agrees that if any or any portion of the foregoing covenants, or the application thereof, is construed to be invalid or unenforceable, the remainder of such covenant or covenants or the application thereof shall not be affected and the remaining covenant or covenants will then be given full force and effect without regard to the invalid or unenforceable portions. If any covenant is held to be unenforceable because of the area covered, the duration thereof, or the scope thereof, Employee agrees that the Court making such determination shall have the power to reduce the area and/or the duration, and/or limit the scope thereof, and the covenant shall then be enforceable in its reduced form. If Employee violates any of the restrictions contained in subparagraphs subparagraph (a) or (b), the period of such violation (from the commencement of any such violation until such time as such violation shall be cured by Employee to the satisfaction of the Company) shall not count toward or be included in the one year (or such longer period as may be prescribed by such section) restrictive period contained in subparagraphs subparagraph (a) and (b). (hg) Employee represents and warrants that the knowledge, skill and abilities she he possesses at the time of her his execution of this Agreement are sufficient to permit her him to earn a living by working for a non-competitor of the Company for the restrictive periods period set forth in subparagraphs subparagraph (a) and (b) above. (ih) For purposes of paragraphs Paragraphs 10 and 11 of this Agreement, the term “Company” shall include not only The Bon-Ton Stores, Inc., but also any of its successors, assigns, subsidiaries or affiliates.

Non Competition and Confidentiality. To the maximum extent permissible by law: (a) During her his employment with the Company and for a period of one (1) year after the termination of her his employment with the Company for any reason whatsoever, whether by Employee or by the Company and whether during the term of this Agreement or subsequent to the expiration of this Agreement, Employee shall not, directly or indirectly induce or intentionally influence any customer, employee, consultant, independent contractor or supplier of the Company to change his, her or its business relationship with or terminate employment with the Company. (b) During her his employment with the Company and for a period of nine (9) months following the termination of her his employment with the Company for any reason whatsoever, whether by Employee or by the Company and whether during the term of this Agreement or subsequent to the expiration or termination of this Agreement, Employee shall not engage in (as a principal, partner, director, officer, agent, employee, consultant, owner, independent contractor or otherwise) or be financially interested in the retail department store business of any Competitor of the Company. For purposes of this Agreement, a Competitor means each of Macy’s, Inc.; Xxxxxxx’x Inc.; Xxxx’x Corporation; Xxxx, Inc. and X.X. Xxxxxx, Inc. or the affiliates and successors of each of them. (c) During her his employment with the Company and at all times thereafter, and except as required by law, Employee shall not use for her his personal benefit, or disclose, communicate or divulge to, or use for the direct or indirect benefit of, any person, firm, association or company other than the Company, any confidential information of the Company that Employee acquires in the course of her his employment, which is not otherwise lawfully known by and readily available to the general public. This confidential information includes, but is not limited to: any material referred to in paragraph 10 9 or any non-public information regarding the business, marketing, legal or accounting methods, policies, plans, procedures, strategies or techniques; research or development projects or results; trade secrets or other knowledge or processes of or developed by the Company; names and addresses of employees, suppliers or customers. Employee confirms that such information is confidential and constitutes the exclusive property of the Company, and agrees that, immediately upon her his termination, whether by Employee or by the Company and whether during the term of this Agreement or subsequent to the expiration of this Agreement, Employee shall deliver to the Company all correspondence, documents, books, records, lists, computer programs and other writings relating to the Company’s business; and Employee shall retain no copies, regardless of where or by whom said writings were kept or prepared. (d) Both during her his employment with the Company and following her his termination for any reason, whether by Employee or by the Company and whether during the term of this Agreement or following the expiration of the Agreement, Employee shall, upon reasonable notice, furnish to the Company such information pertaining to her his employment with the Company as may be in her his possession. The Company shall reimburse Employee for all reasonable expenses incurred by her him in fulfilling her his obligation under this subparagraph (d). (e) The provisions of paragraphs 9 and 10 and 11 shall survive the cessation of Employee’s employment for any reason, as well as the expiration of this Agreement at the end of its term or at any time prior thereto. (f) Employee acknowledges that the restrictions contained in this paragraph 1110, in view of the nature of the business in which the Company is engaged and the Employee’s position with the Company, are reasonable and necessary to protect the legitimate interests of the Company, and that any violation of those restrictions would result in irreparable injury to the Company. Employee therefore agrees that, in the event of her his violation of any of those restrictions, the Company shall be entitled to obtain from any court of competent jurisdiction preliminary and permanent injunctive relief against Employee, in addition to damages from Employee and an equitable accounting of all commissions, earnings, profits and other benefits arising from such violation, which rights shall be cumulative and in addition to any other rights or remedies to which the Company may be entitled. (g) Employee agrees that if any or any portion of the foregoing covenants, or the application thereof, is construed to be invalid or unenforceable, the remainder of such covenant or covenants or the application thereof shall not be affected and the remaining covenant or covenants will then be given full force and effect without regard to the invalid or unenforceable portions. If any covenant is held to be unenforceable because of the area covered, the duration thereof, or the scope thereof, Employee agrees that the Court making such determination shall have the power to reduce the area and/or the duration, and/or limit the scope thereof, and the covenant shall then be enforceable in its reduced form. If Employee violates any of the restrictions contained in subparagraphs (a) or (b), the period of such violation (from the commencement of any such violation until such time as such violation shall be cured by Employee to the satisfaction of the Company) shall not count toward or be included in the restrictive period contained in subparagraphs (a) and (b). (h) Employee represents and warrants that the knowledge, skill and abilities she he possesses at the time of her his execution of this Agreement are sufficient to permit her him to earn a living by working for a non-competitor of the Company for the restrictive periods set forth in subparagraphs (a) and (b) above. (i) For purposes of paragraphs 9 and 10 and 11 of this Agreement, the term “Company” shall include not only The Bon-Ton Stores, Inc., but also any of its successors, assigns, subsidiaries or affiliates.