Common use of Non-Competition and Non-Solicitation Clause in Contracts

Non-Competition and Non-Solicitation. 10.1 In consideration of the Restricted Stock, the Grantee agrees and covenants not to: (a) contribute his or her knowledge, directly or indirectly, in whole or in part, as an employee, officer, owner, manager, advisor, consultant, agent, partner, director, shareholder, volunteer, intern or in any other similar capacity to an entity engaged in the same or similar business as the Company and its Affiliates, including those engaged in the business of financial services for a period of one year following the Grantee’s termination of Continuous Service; (b) directly or indirectly, solicit, hire, recruit, attempt to hire or recruit, or induce the termination of employment of any employee of the Company or its Affiliates for two years following the Grantee’s termination of Continuous Service; or (c) directly or indirectly, solicit, contact (including, but not limited to, e-mail, regular mail, express mail, telephone, and instant message), attempt to contact or meet with the current, former or prospective customers of the Company or any of its Affiliates for purposes of offering or accepting goods or services similar to or competitive with those offered by the Company or any of its Affiliates for a period of one year following the Grantee’s termination of Continuous Service. 10.2 If the Grantee breaches any of the covenants set forth in Section 10.1: (a) all unvested Restricted Stock shall be immediately forfeited; and (b) the Grantee hereby consents and agrees that the Company shall be entitled to seek, in addition to other available remedies, a temporary or permanent injunction or other equitable relief against such breach or threatened breach from any court of competent jurisdiction, without the necessity of showing any actual damages or that money damages would not afford an adequate remedy, and without the necessity of posting any bond or other security. The aforementioned equitable relief shall be in addition to, not in lieu of, legal remedies, monetary damages or other available forms of relief.

Non-Competition and Non-Solicitation. 10.1 In consideration of During the Restricted Stock, the Grantee agrees Term and covenants not to: (a) contribute his or her knowledge, directly or indirectly, in whole or in part, as an employee, officer, owner, manager, advisor, consultant, agent, partner, director, shareholder, volunteer, intern or in any other similar capacity to an entity engaged in the same or similar business as the Company and its Affiliates, including those engaged in the business of financial services for a period of one year following the Grantee’s date of termination of Continuous Service; or nonrenewal for any reason (bother than termination pursuant to Section 5.1(a): (a) the Employee shall not in the United States or in any country in which the Company shall then be doing business, directly or indirectly, solicit, hire, recruit, attempt to hire or recruitenter the employ of, or induce render any services to, any person, firm or corporation engaged in any business competitive with the termination of employment of any employee business of the Company or of any of its Affiliates for two years following subsidiaries or affiliates of which the Grantee’s termination of Continuous ServiceEmployee may become an employee or officer during the Term; or (c) he shall not engage in such business on his own account; and he shall not become interested in any such business, directly or indirectly, solicitas an individual, contact partner, shareholder, director, officer, principal, agent, employee, trustee, consultant, or any other relationship or capacity; provided, however, that nothing contained in this Section 10 shall be deemed to prohibit the Employee from acquiring, solely as an investment, shares of capital stock of any public corporation; (includingb) neither the Employee nor any Affiliate of the Employee shall solicit or utilize, but or assist any person in any way to solicit or utilize, the services, directly or indirectly, of any of the Company's directors, consultants, members of the Board of Scientific and Medical Advisors, officers or employees (collectively, "Associates of the Company"). This nonsolicitation and nonutilization provision shall not limited to, e-mail, regular mail, express mail, telephone, and instant message), attempt apply to contact or meet with the current, former or prospective customers Associates of the Company or any of its Affiliates for purposes of offering or accepting goods or services similar to or competitive who have previously terminated their relationship with those offered by the Company or any of its Affiliates for a period of one year following the Grantee’s termination of Continuous ServiceCompany. 10.2 10.1 If the Grantee breaches Employee commits a breach, or threatens to commit a breach, of any of the covenants set forth in provisions of this Section 10.1: (a) all unvested Restricted Stock shall be immediately forfeited; and (b) the Grantee hereby consents and agrees that 10, the Company shall be entitled have the following rights and remedies: 10.1.1 The right and remedy to seekhave the provisions of this Agreement specifically enforced by any court having equity jurisdiction, in addition to other available remedies, a temporary or permanent injunction or other equitable relief against it being acknowledged and agreed that any such breach or threatened breach from any court of competent jurisdiction, without shall cause irreparable injury to the necessity of showing any actual damages or Company and that money damages would shall not afford provide an adequate remedyremedy to the Company; and 10.1.2 The right and remedy to require the Employee to account for and pay over to the Company all compensation, profits, monies, accruals, increments or other benefits (collectively "Benefits") derived or received by the Employee as the result of any transactions constituting a breach of any of the provisions of the preceding paragraph, and without the necessity Employee hereby agrees to account for and pay over such Benefits to the Company. Each of posting any bond or other security. The aforementioned equitable relief the rights and remedies enumerated above shall be independent of the other, and shall be severally enforceable, and all of such rights and remedies shall be in addition to, and not in lieu of, legal remediesany other rights and remedies available to the Company under law or in equity. 10.2 If any of the covenants contained in Section 8, monetary damages 9 or 10, or any part thereof, is hereafter construed to be invalid or unenforceable, the same shall not affect the remainder of the covenant or covenants, which shall be given full effect without regard to the invalid portions. 10.3 If any of the covenants contained in Section 8, 9 or 10, or any part thereof, is held to be unenforceable because of the duration of such provision or the area covered thereby, the parties agree that the court making such determination shall have the power to reduce the duration and/or area of such provision and, in its reduced form, such provision shall then be enforceable. 10.4 The parties hereto intend to and hereby confer jurisdiction to enforce the covenants contained in Sections 8, 9 and 10 upon the courts of any state within the geographical scope of such covenants. In the event that the courts of any one or more of such states shall hold any such covenant wholly unenforceable by reason of the breadth of such scope or otherwise, it is the intention of the parties hereto that such determination not bar or in any way affect the Company's right to the relief provided above in the courts of any other available forms states within the geographical scope of reliefsuch covenants, as to breaches of such covenants in such other respective jurisdictions, the above covenants as they relate to each state being, for this purpose, severable into diverse and independent covenants.

Non-Competition and Non-Solicitation. 10.1 In consideration of the Restricted Stock, the Grantee agrees and covenants not to: (a) contribute his or her knowledge, directly or indirectly, in whole or in part, as an employee, officer, owner, manager, advisor, consultant, agent, partner, director, shareholder, volunteer, intern shareholder or in any other similar capacity to an entity engaged in the same or similar business as the Company and its Affiliates, including including, but not limited to, those engaged in the business of financial services for a period of one year following the Grantee’s termination of Continuous Service; (b) directly or indirectly, solicit, hire, recruit, attempt to hire or recruit, or induce the termination of employment of any current employee of the Company or its Affiliates for two years following the Grantee’s termination of Continuous Service; or (c) directly or indirectly, solicit, contact (including, but not limited to, e-mail, regular mail, express mail, telephone, and instant message), attempt to contact or meet with the current, former or prospective customers of the Company or any of its Affiliates for purposes of offering or accepting goods or services similar to or competitive with those offered by the Company or any of its Affiliates for a period of one year following the Grantee’s termination of Continuous Service. 10.2 If the Grantee breaches any of the covenants set forth in Section 10.1: (a) all unvested Restricted Stock shall be immediately forfeited; and (b) the Grantee hereby consents and agrees that the Company shall be entitled to seek, in addition to other available remedies, a temporary or permanent injunction or other equitable relief against such breach or threatened breach from any court of competent jurisdiction, without the necessity of showing any actual damages or that money damages would not afford an adequate remedy, and without the necessity of posting any bond or other security. The aforementioned equitable relief shall be in addition to, not in lieu of, legal remedies, monetary damages or other available forms of relief.

Non-Competition and Non-Solicitation. 10.1 In consideration of During the Restricted Stock, the Grantee agrees Term and covenants not to: (a) contribute his or her knowledge, directly or indirectly, in whole or in part, as an employee, officer, owner, manager, advisor, consultant, agent, partner, director, shareholder, volunteer, intern or in any other similar capacity to an entity engaged in the same or similar business as the Company and its Affiliates, including those engaged in the business of financial services for a period of one year following the Grantee’s date of termination of Continuous Service; or nonrenewal for any reason (bother than termination pursuant to Section 5.1(a): (a) the Employee shall not in the United States or in any country in which the Company shall then be doing business, directly or indirectly, solicit, hire, recruit, attempt to hire or recruitenter the employ of, or induce render any services to, any person, firm or corporation engaged in any business competitive with the termination of employment of any employee business of the Company or of any of its Affiliates for two years following subsidiaries or affiliates of which the Grantee’s termination of Continuous ServiceEmployee may become an employee or officer during the Term; or (c) he shall not engage in such business on his own account; and he shall not become interested in any such business, directly or indirectly, solicitas an individual, contact partner, shareholder, director, officer, principal, agent, employee, trustee, consultant, or any other relationship or capacity; provided, however, that nothing contained in this Section 10 shall be deemed to prohibit the Employee from acquiring, solely as an investment, shares of capital stock of any public corporation; (includingb) neither the Employee nor any Affiliate of the Employee shall solicit or utilize, but or assist any person in any way to solicit or utilize, the services, directly or indirectly, of any of the Company's directors, consultants, members of the Board of Scientific and Medical Advisors, officers or employees (collectively, "Associates of the Company"). This nonsolicitation and nonutilization provision shall not limited to, e-mail, regular mail, express mail, telephone, and instant message), attempt apply to contact or meet with the current, former or prospective customers Associates of the Company or any of its Affiliates for purposes of offering or accepting goods or services similar to or competitive who have previously terminated their relationship with those offered by the Company or any of its Affiliates for a period of one year following the Grantee’s termination of Continuous ServiceCompany. 10.2 10.1 If the Grantee breaches Employee commits a breach, or threatens to commit a breach, of any of the covenants set forth in provisions of this Section 10.1: (a) all unvested Restricted Stock shall be immediately forfeited; and (b) the Grantee hereby consents and agrees that 10, the Company shall be entitled have the following rights and remedies: 10.1.1 The right and remedy to seekhave the provisions of this Agreement specifically enforced by any court having equity jurisdiction, in addition to other available remedies, a temporary or permanent injunction or other equitable relief against it being acknowledged and agreed that any such breach or threatened breach from any court of competent jurisdiction, without shall cause irreparable injury to the necessity of showing any actual damages or Company and that money damages would shall not afford provide an adequate remedyremedy to the Company; and 10.1.2 The right and remedy to require the Employee to account for and pay over to the Company all compensation, profits, monies, accruals,increments or other benefits (collectively "Benefits") derived or received by the Employee as the result of any transactions constituting a breach of any of the provisions of the preceding paragraph, and without the necessity Employee hereby agrees to account for and pay over such Benefits to the Company. Each of posting any bond or other security. The aforementioned equitable relief the rights and remedies enumerated above shall be independent of the other, and shall be severally enforceable, and all of such rights and remedies shall be in addition to, and not in lieu of, legal remediesany other rights and remedies available to the Company under law or in equity. 10.2 If any of the covenants contained in Section 8, monetary damages 9 or 10, or any part thereof, is hereafter construed to be invalid or unenforceable, the same shall not affect the remainder of the covenant or covenants, which shall be given full effect without regard to the invalid portions. 10.3 If any of the covenants contained in Section 8, 9 or 10, or any part thereof, is held to be unenforceable because of the duration of such provision or the area covered thereby, the parties agree that the court making such determination shall have the power to reduce the duration and/or area of such provision and, in its reduced form, such provision shall then be enforceable. 10.4 The parties hereto intend to and hereby confer jurisdiction to enforce the covenants contained in Sections 8, 9 and 10 upon the courts of any state within the geographical scope of such covenants. In the event that the courts of any one or more of such states shall hold any such covenant wholly unenforceable by reason of the breadth of such scope or otherwise, it is the intention of the parties hereto that such determination not bar or in any way affect the Company's right to the relief provided above in the courts of any other available forms states within the geographical scope of reliefsuch covenants, as to breaches of such covenants in such other respective jurisdictions, the above covenants as they relate to each state being, for this purpose, severable into diverse and independent covenants.

Non-Competition and Non-Solicitation. 10.1 13.1 In consideration of the Restricted StockSARs, the Grantee Participant agrees and covenants not to: (a) contribute his or her knowledge, directly or indirectly, in whole or in part, as an employee, officer, owner, manager, advisor, consultant, agent, partner, director, shareholder, volunteer, intern or in any other similar capacity to an entity engaged in the same or similar business as the Company and its Affiliates, including those engaged in the business of financial services Infrastructure Mapping or Software Development for a period of one year 36 months following the GranteeParticipant’s termination of Continuous Service; (b) directly or indirectly, solicit, hire, recruit, attempt to hire or recruit, or induce the termination of employment of any employee of the Company or its Affiliates for two years 36 months following the GranteeParticipant’s termination of Continuous Service; or (c) directly or indirectly, solicit, contact (including, but not limited to, e-mail, regular mail, express mail, telephone, fax, and instant message), attempt to contact or meet with the current, former or prospective customers of the Company or any of its Affiliates for purposes of offering or accepting goods or services similar to or competitive with those offered by the Company or any of its Affiliates for a period of one year 36 months following the GranteeParticipant’s termination of Continuous Service. 10.2 If 13.2 In the Grantee breaches event of a breach or threatened breach of any of the covenants set forth contained in Section 10.113.1: (a) all any unvested Restricted Stock SARs shall be immediately forfeitedforfeited effective as of the date of such breach, unless sooner terminated by operation of another term or condition of this Agreement or the Plan; and (b) the Grantee Participant hereby consents and agrees that the Company shall be entitled to seek, in addition to other available remedies, a temporary or permanent injunction or other equitable relief against such breach or threatened breach from any court of competent jurisdiction, without the necessity of showing any actual damages or that money damages would not afford an adequate remedy, and without the necessity of posting any bond or other security. The aforementioned equitable relief shall be in addition to, not in lieu of, legal remedies, monetary damages or other available forms of relief.

Non-Competition and Non-Solicitation. 10.1 8.1 In consideration of the Restricted StockRSUs, the Grantee Employee agrees and covenants not to: (a) contribute his or her knowledge, directly or indirectly, in whole or in part, as an employee, officer, owner, manager, advisor, consultant, agent, partner, director, shareholderstockholder, volunteer, intern or in any other similar capacity to an entity engaged in the same or similar business as the Company and its Affiliatesaffiliates, including those engaged in the business retail sale of financial services apparel, swimwear, lingerie, accessories or footwear, during Employee’s tenure with the Company and its affiliates and for a period of one year 12 months following the GranteeEmployee’s termination of Continuous Service;Service or such longer period of time as may be set forth in any offer letter or other agreement between the parties; or, (b) directly or indirectly, solicit, hire, recruit, attempt to hire or recruit, or induce the termination of employment of any employee of the Company or its Affiliates affiliates during Employee’s tenure with the Company and its affiliates and for two years 12 months following the Grantee’s Participant's termination of Continuous Service; or (c) directly or indirectly, solicit, contact (including, but not limited to, e-mail, regular mail, express mail, telephone, and instant message), attempt to contact or meet with the current, former or prospective customers of the Company or any of its Affiliates for purposes of offering or accepting goods or services similar to or competitive with those offered by the Company or any of its Affiliates for a period of one year following the Grantee’s termination of Continuous Service. 10.2 If 8.2 In the Grantee breaches event of a breach or threatened breach of any of the covenants set forth contained in Section 10.18.1: (a) all any unvested Restricted Stock portion of this Award shall be immediately forfeitedforfeited effective as of the date of such breach, unless sooner terminated by operation of another term or condition of this Notice and Agreement or the Plan; and (b) the Grantee Employee hereby consents and agrees that the Company shall be entitled to seek, in addition to other available remedies, a temporary or permanent injunction or other equitable relief against such breach or threatened breach from any court of competent jurisdiction, without the necessity of showing any actual damages or that money damages would not afford an adequate remedy, and without the necessity of posting any bond or other security. The aforementioned equitable relief shall be in addition to, not in lieu of, legal remedies, monetary damages or other available forms of relief.

Non-Competition and Non-Solicitation. 10.1 In 9.1. During the Grantee’s Continuous Service, in consideration of the Restricted StockShare Units, the Grantee agrees and covenants not to: (a) contribute his or her knowledge, directly or indirectly, in whole or in part, as an employee, officer, owner, manager, advisor, consultant, agent, partner, director, shareholder, volunteer, intern or in any other similar capacity to an entity engaged in the same or similar business as the Company and its Affiliates, including those engaged in the business of financial services for a period of one year following the Grantee’s termination of Continuous Service; (b) directly or indirectly, solicit, hire, recruit, attempt to hire or recruit, or induce the termination of employment of any employee of the Company or its Affiliates for two years following the Grantee’s termination of Continuous ServiceAffiliates; or (c) directly or indirectly, solicit, contact (including, but not limited to, e-mail, regular mail, express mail, telephone, fax, and instant message), attempt to contact or meet with the current, former or prospective customers of the Company or any of its Affiliates for purposes of offering or accepting goods or services similar to or competitive with those offered by the Company or any of its Affiliates for a period of one year following the Grantee’s termination of Continuous ServiceAffiliates. 10.2 9.2. If the Grantee breaches any of the covenants set forth in Section 10.19.1: (a) all unvested Restricted Stock Share Units or vested Restricted Share Units that have not been settled shall be immediately forfeited; and (b) the Grantee hereby consents and agrees that the Company shall be entitled to seek, in addition to other available remedies, a temporary or permanent injunction or other equitable relief against such breach or threatened breach from any court of competent jurisdiction, without the necessity of showing any actual damages or that money damages would not afford an adequate remedy, and without the necessity of posting any bond or other security. The aforementioned equitable relief shall be in addition to, not in lieu of, legal remedies, monetary damages or other available forms of relief.

Non-Competition and Non-Solicitation. 10.1 In further consideration of the Restricted StockOption, the Grantee Participant agrees and covenants not to: (a) contribute his or her knowledge, directly or indirectly, in whole or in part, as an employee, officer, owner, manager, advisor, consultant, agent, partner, director, shareholderstockholder, volunteer, intern intern, or in any other similar capacity to an entity engaged in the same or similar business as the Company and its Affiliates, including those engaged in the business of financial services cultivating, producing, or dispensing medical marijuana, herbs, or produce for a period of one (1) year following the GranteeParticipant’s termination of Continuous Service; (b) directly or indirectly, solicit, hire, recruit, attempt to hire or recruit, or induce the termination of employment of any employee of the Company or its Affiliates for two years one (1) year following the GranteeParticipant’s termination of Continuous Service; or (c) directly or indirectly, solicit, contact (including, but not limited to, e-maile‑mail, regular mail, express mail, telephone, fax, and instant message), attempt to contact or meet with the current, former former, or prospective customers of the Company or any of its Affiliates for purposes of offering or accepting goods or services similar to or competitive with those offered by the Company or any of its Affiliates for a period of one (1) year following the GranteeParticipant’s termination of Continuous Service. 10.2 If In the Grantee breaches event of a breach or threatened breach of any of the covenants set forth contained in Section 10.1: (a) all any unvested Restricted Stock portion of the Option shall be immediately forfeitedforfeited effective as of the date of such breach, unless sooner terminated by operation of another term or condition of this Agreement or the Plan; and (b) the Grantee Participant hereby consents and agrees that the Company shall be entitled to seek, in addition to other available remedies, a temporary or permanent injunction or other equitable relief against such breach or threatened breach from any court of competent jurisdiction, without the necessity of showing any actual damages or that money damages would not afford an adequate remedy, and without the necessity of posting any bond or other security. The aforementioned equitable relief shall be in addition to, not in lieu of, legal remedies, monetary damages damages, or other available forms of relief.

Non-Competition and Non-Solicitation. 10.1 (a) In consideration of the Restricted StockOption, unless otherwise addressed pursuant to the terms and conditions of an employment agreement between the Officer and any Partnership Entity, the Grantee Officer agrees and covenants not to: (ai) contribute his or her knowledge, directly or indirectly, in whole or in part, as an employee, officer, owner, manager, advisor, consultant, agent, partner, director, shareholder, volunteer, intern or in any other similar capacity to an entity engaged in the same or similar business as any of the Company and its Affiliates, including those engaged in the business of financial services Partnership Entities for a period of one year three (3) years following the GranteeOfficer’s termination of Continuous Service; (bii) directly or indirectly, solicit, hire, recruit, attempt to hire or recruit, or induce the termination of employment of any employee of one or more of the Company or its Affiliates Partnership Entities for two three (3) years following the Grantee’s Officer's termination of Continuous Service; or (ciii) directly or indirectly, solicit, contact (including, but not limited to, e-mail, regular mail, express mail, telephone, fax, and instant message), attempt to contact or meet with the current, former or prospective customers of the Company or any of its Affiliates the Partnership Entities for purposes of offering or accepting goods or services similar to or competitive with those offered by the Company or any of its Affiliates the Partnership Entities for a period of one year three (3) years following the Grantee’s Officer's termination of Continuous Service. 10.2 If (b) In the Grantee breaches event of a breach or threatened breach of any of the covenants set forth contained in Section 10.1subsection (a) above: (ai) all notwithstanding any other provision of this Agreement, any unvested Restricted Stock portion of the Unit Option shall be immediately forfeitedforfeited effective as of the date of such breach, unless sooner terminated by operation of another term or condition of this Agreement or the Plan; and (bii) the Grantee Officer hereby consents and agrees that the Company Partnership shall be entitled to seek, in addition to other available remedies, a temporary or permanent injunction or other equitable relief against such breach or threatened breach from any court of competent jurisdiction, without the necessity of showing any actual damages or that money damages would not afford an adequate remedy, and without the necessity of posting any bond or other security. The aforementioned equitable relief shall be in addition to, not in lieu of, legal remedies, monetary damages or other available forms of relief.

Non-Competition and Non-Solicitation. 10.1 13.1 In consideration of the Restricted StockSARs, the Grantee Participant agrees and covenants not to: (a) contribute his or her knowledge, directly or indirectly, in whole or in part, as an employee, officer, owner, manager, advisor, consultant, agent, partner, director, shareholder, volunteer, intern or in any other similar capacity to an entity engaged in the same or similar business as the Company and its Affiliates, including those engaged in the business of financial services Infrastructure Mapping or Software Development for a period of one year 36 months following the GranteeParticipant’s termination of Continuous Service; (b) directly or indirectly, solicit, hire, recruit, attempt to hire or recruit, or induce the termination of employment of any employee of the Company or its Affiliates for two years 36 months following the GranteeParticipant’s termination of Continuous Service; or (c) directly or indirectly, solicit, contact (including, but not limited to, e-mail, regular mail, express mail, telephone, fax, and instant message), attempt to contact or meet with the current, former former, or prospective customers of the Company or any of its Affiliates for purposes of offering or accepting goods or services similar to or competitive with those offered by the Company or any of its Affiliates for a period of one year 36 months following the GranteeParticipant’s termination of Continuous Service. 10.2 If 13.2 In the Grantee breaches event of a breach or threatened breach of any of the covenants set forth contained in Section 10.113.1: (a) all any unvested Restricted Stock SARs shall be immediately forfeitedforfeited effective as of the date of such breach, unless sooner terminated by operation of another term or condition of this Agreement or the Plan; and (b) the Grantee Participant hereby consents and agrees that the Company shall be entitled to seek, in addition to other available remedies, a temporary or permanent injunction or other equitable relief against such breach or threatened breach from any court of competent jurisdiction, without the necessity of showing any actual damages or that money damages would not afford an adequate remedy, and without the necessity of posting any bond or other security. The aforementioned equitable relief shall be in addition to, not in lieu of, legal remedies, monetary damages or other available forms of relief.

Non-Competition and Non-Solicitation. 10.1 In consideration of the award of Restricted StockStock provided for under this Agreement, which the Grantee acknowledges is valuable consideration that the Grantee would not otherwise be entitled to receive, the Grantee agrees and covenants not to: (a) contribute his or her knowledgework for, directly or indirectly, in whole or in part, as an employee, officer, owner, manager, advisor, consultant, agent, partner, director, shareholder, volunteer, intern shareholder or in any other similar capacity to an entity engaged in the same or similar business as the Company and its Affiliates, including including, but not limited to, those engaged in the business of financial services for a period of one year following the Grantee’s termination of Continuous Service; (b) directly or indirectly, solicit, hire, recruit, attempt to hire or recruit, or induce the termination of employment of any current employee of the Company or its Affiliates for two years following the Grantee’s termination of Continuous Service; or (c) directly or indirectly, solicit, contact (including, but not limited to, e-mail, regular mail, express mail, telephone, and instant message), attempt to contact or meet with the current, former or prospective clients or customers of the Company or any of its Affiliates Affiliates, with whom Xxxxxxx worked with during Xxxxxxx’s employment with the Company, for purposes of offering or accepting goods or financial services similar to or competitive with those offered by the Company or any of its Affiliates for a period of one year following the Grantee’s termination of Continuous Service. 10.2 If the Grantee breaches any of the covenants set forth in Section 10.1: (a) all unvested Restricted Stock provided for under this Agreement shall be immediately forfeited; and (b) the Grantee hereby consents and agrees that the Company shall be entitled to seek, in addition to other available remedies, a temporary or permanent injunction or other equitable relief against such breach or threatened breach from any court of competent jurisdiction, without the necessity of showing any actual damages or that money damages would not afford an adequate remedy, and without the necessity of posting any bond or other security. The aforementioned equitable relief shall be in addition to, not in lieu of, legal remedies, monetary damages or other available forms of relief. 10.3 The Grantee hereby acknowledges and agrees that the restrictions set forth in Section 10.1 of this Agreement are reasonable in time, scope, and geographic area, necessary to protect the legitimate interests of the Company, not harmful to the general public, and not unreasonably burdensome to the Grantee.

Non-Competition and Non-Solicitation. 10.1 In consideration of the Restricted StockOption, the Grantee Participant agrees and covenants not to: (a) contribute his or her knowledge, directly or indirectly, in whole or in part, as an employee, officer, owner, manager, advisor, consultant, agent, partner, director, shareholder, volunteer, intern or in any other similar capacity to an entity engaged in the same or similar business as the Company and its Affiliates, including those engaged in the business of financial services for a period of one [XX] year following the GranteeParticipant’s termination of Continuous Service; (b) directly or indirectly, solicit, hire, recruit, attempt to hire or recruit, or induce the termination of employment of any employee of the Company or its Affiliates for two years [XX] year following the GranteeParticipant’s termination of Continuous Service; or (c) directly or indirectly, solicit, contact (including, but not limited to, e-mail, regular mail, express mail, telephone, fax, and instant message), attempt to contact or meet with the current, former or prospective customers of the Company or any of its Affiliates for purposes of offering or accepting goods or services similar to or competitive with those offered by the Company or any of its Affiliates for a period of one [XX] year following the GranteeParticipant’s termination of Continuous Service. 10.2 If In the Grantee breaches event of a breach or threatened breach of any of the covenants set forth contained in Section 10.1: (a) all any unvested Restricted Stock portion of the Option shall be immediately forfeitedforfeited effective as of the date of such breach, unless sooner terminated by operation of another term or condition of this Agreement or the Plan; and (b) the Grantee Participant hereby consents and agrees that the Company shall be entitled to seek, in addition to other available remedies, a temporary or permanent injunction or other equitable relief against such breach or threatened breach from any court of competent jurisdiction, without the necessity of showing any actual damages or that money damages would not afford an adequate remedy, and without the necessity of posting any bond or other security. The aforementioned equitable relief shall be in addition to, not in lieu of, legal remedies, monetary damages or other available forms of relief.

Non-Competition and Non-Solicitation. 10.1 9.1 In consideration of the Restricted StockRSUs, the Grantee Employee agrees and covenants not to: (a) contribute his or her knowledge, directly or indirectly, in whole or in part, as an employee, officer, owner, manager, advisor, consultant, agent, partner, director, shareholderstockholder, volunteer, intern or in any other similar capacity to an entity engaged in the same or similar business as the Company and its Affiliatesaffiliates, including those engaged in the business retail sale of financial services apparel, swimwear, lingerie, accessories or footwear, during Employee’s tenure with the Company and its affiliates and for a period of one year 12 months following the GranteeEmployee’s termination of Continuous Service;Service or such longer period of time as may be set forth in any offer letter or other agreement between the parties; or, (b) directly or indirectly, solicit, hire, recruit, attempt to hire or recruit, or induce the termination of employment of any employee of the Company or its Affiliates affiliates during Employee’s tenure with the Company and its affiliates and for two years 12 months following the Grantee’s Participant's termination of Continuous Service; or (c) directly or indirectly, solicit, contact (including, but not limited to, e-mail, regular mail, express mail, telephone, and instant message), attempt to contact or meet with the current, former or prospective customers of the Company or any of its Affiliates for purposes of offering or accepting goods or services similar to or competitive with those offered by the Company or any of its Affiliates for a period of one year following the Grantee’s termination of Continuous Service. 10.2 If 9.2 In the Grantee breaches event of a breach or threatened breach of any of the covenants set forth contained in Section 10.19.1: (a) all any unvested Restricted Stock portion of this Award shall be immediately forfeitedforfeited effective as of the date of such breach, unless sooner terminated by operation of another term or condition of this Notice and Agreement or the Plan; and (b) the Grantee Employee hereby consents and agrees that the Company shall be entitled to seek, in addition to other available remedies, a temporary or permanent injunction or other equitable relief against such breach or threatened breach from any court of competent jurisdiction, without the necessity of showing any actual damages or that money damages would not afford an adequate remedy, and without the necessity of posting any bond or other security. The aforementioned equitable relief shall be in addition to, not in lieu of, legal remedies, monetary damages or other available forms of relief.

Non-Competition and Non-Solicitation. 10.1 In consideration of the Restricted StockStock Units, the Grantee agrees and covenants not to: (a) contribute his or her knowledge, directly or indirectly, in whole or in part, as an employee, officer, owner, manager, advisor, consultant, agent, partner, director, shareholder, volunteer, intern or in any other similar capacity to an entity engaged in the same or similar business as the Company and its AffiliatesRelated Entities, including but not limited to those engaged in the business of financial services the manufacture, development, advertising, promotion, or sale of soft pretzels, churros, funnel cakes, frozen cookie dough, in-store bakery products, biscuits and/ or dumplings, frozen carbonated beverages, or similar products (including both existing products as well as products known to the recipient, as a consequence of the recipient’s Continuous Service, to be in development) for a period of one (1) year following the termination of the Grantee’s termination of Continuous Service; (b) directly or indirectly, solicit, hire, recruit, attempt to hire or recruit, or induce the termination of employment of any employee of the Company or its Affiliates Related Entities for two years one (1) year following the termination of the Grantee’s termination of Continuous Service; or (c) directly or indirectly, solicit, contact (including, but not limited to, e-mailemail, regular mail, express mail, telephone, fax, and instant message), attempt to contact or meet with the current, former or prospective customers of the Company or any of its Affiliates Related Entities for purposes of offering or accepting goods or services similar to or competitive with those offered by the Company or any of its Affiliates Related Entities for a period of one (1) year following the termination of the Grantee’s termination of Continuous Service. 10.2 If the Grantee breaches any of the covenants set forth in Section 10.1: (a) all unvested Restricted Stock Units shall be immediately forfeited; and (b) the Grantee hereby consents and agrees that the Company shall be entitled to seek, in addition to other available remedies, a temporary or permanent injunction or other equitable relief against such breach or threatened breach from any court of competent jurisdiction, without the necessity of showing any actual damages or that money damages would not afford an adequate remedy, and without the necessity of posting any bond or other security. The aforementioned equitable relief shall be in addition to, not in lieu of, legal remedies, monetary damages or other available forms of relief.

Non-Competition and Non-Solicitation. 10.1 8.1 In consideration of the Restricted Stockoption, the Grantee Employee agrees and covenants not to: (a) contribute his or her knowledge, directly or indirectly, in whole or in part, as an employee, officer, owner, manager, advisor, consultant, agent, partner, director, shareholderstockholder, volunteer, intern or in any other similar capacity to an entity engaged in the same or similar business as the Company and its Affiliatesaffiliates, including those engaged in the business retail sale of financial services apparel, swimwear, lingerie, accessories or footwear, during Employee’s tenure with the Company and its affiliates and for a period of one year 12 months following the GranteeEmployee’s termination of Continuous Service;Service or such longer period of time as may be set forth in any offer letter or other agreement with the parties; or, (b) directly or indirectly, solicit, hire, recruit, attempt to hire or recruit, or induce the termination of employment of any employee of the Company or its Affiliates affiliates during Employee’s tenure with the Company and its affiliates and for two years 12 months following the GranteeEmployee’s termination of Continuous Service; or (c) directly or indirectly, solicit, contact (including, but not limited to, e-mail, regular mail, express mail, telephone, and instant message), attempt to contact or meet with the current, former or prospective customers of the Company or any of its Affiliates for purposes of offering or accepting goods or services similar to or competitive with those offered by the Company or any of its Affiliates for a period of one year following the Grantee’s termination of Continuous Service. 10.2 If 8.2 In the Grantee breaches event of a breach or threatened breach of any of the covenants set forth contained in Section 10.18.1: (a) all any unvested Restricted Stock portion of the option shall be immediately forfeitedforfeited effective as of the date of such breach, unless sooner terminated by operation of another term or condition of this Notice and Agreement or the Plan; and (b) the Grantee Employee hereby consents and agrees that the Company shall be entitled to seek, in addition to other available remedies, a temporary or permanent injunction or other equitable relief against such breach or threatened breach from any court of competent jurisdiction, without the necessity of showing any actual damages or that money damages would not afford an adequate remedy, and without the necessity of posting any bond or other security. The aforementioned equitable relief shall be in addition to, not in lieu of, legal remedies, monetary damages or other available forms of relief.

Non-Competition and Non-Solicitation. 10.1 In n consideration of the Restricted Stock, the Grantee agrees and covenants not to: (a) contribute his or her knowledge, directly or indirectly, in whole or in part, as an employee, officer, owner, manager, advisor, consultant, agent, partner, director, shareholder, volunteer, intern or in any other similar capacity to an entity engaged in the same or similar business as the Company and its Affiliates, including those engaged in the business of financial services for a period of one year following the Grantee’s 's termination of Continuous Service; (b) directly or indirectly, solicit, hire, recruit, attempt to hire or recruit, or induce the termination of employment of any employee of the Company or its Affiliates for two years following the Grantee’s 's termination of Continuous Service; or (c) directly or indirectly, solicit, contact (including, but not limited to, e-mail, regular mail, express mail, telephone, and instant message), attempt to contact or meet with the current, former or prospective customers of the Company or any of its Affiliates for purposes of offering or accepting goods or services similar to or competitive with those offered by the Company or any of its Affiliates for a period of one year following the Grantee’s 's termination of Continuous Service. 10.2 If the Grantee breaches any of the covenants set forth in Section 10.1: (a) all unvested Restricted Stock shall be immediately forfeited; and (b) the Grantee hereby consents and agrees that the Company shall be entitled to seek, in addition to other available remedies, a temporary or permanent injunction or other equitable relief against such breach or threatened breach from any court of competent jurisdiction, without the necessity of showing any actual damages or that money damages would not afford an adequate remedy, and without the necessity of posting any bond or other security. The aforementioned equitable relief shall be in addition to, not in lieu of, legal remedies, monetary damages or other available forms of relief.

Non-Competition and Non-Solicitation. 10.1 9.1 In consideration of the Restricted Stock, the Grantee agrees and covenants not to: (a) contribute his or her knowledge, directly or indirectly, in whole or in part, as an employee, officer, owner, manager, advisor, consultant, agent, partner, director, shareholder, volunteer, intern or in any other similar capacity to an entity engaged in the same or similar business as the Company and its Affiliates, including those engaged in the business of financial services mobile games developer, publisher and operator for a period of one year twelve (12) months following the Grantee’s 's termination of Continuous Service; (b) directly or indirectly, solicit, hire, recruit, attempt to hire or recruit, or induce the termination of employment of any employee of the Company or its Affiliates for two years twelve (12) months following the Grantee’s 's termination of Continuous Service; or (c) directly or indirectly, solicit, contact (including, but not limited to, e-mail, regular mail, express mail, telephone, and instant message), attempt to contact or meet with the current[, former or prospective prospective] customers of the Company or any of its Affiliates for purposes of offering or accepting goods or services similar to or competitive with those offered by the Company or any of its Affiliates for a period of one year twelve (12) months following the Grantee’s 's termination of Continuous Service. 10.2 9.2 If the Grantee breaches any of the covenants set forth in Section 10.19.1: (a) all unvested Restricted Stock shall be immediately forfeited; and (b) the Grantee hereby consents and agrees that the Company shall be entitled to seek, in addition to other available remedies, a temporary or permanent injunction or other equitable relief against such breach or threatened breach from any court of competent jurisdiction, without the necessity of showing any actual damages or that money damages would not afford an adequate remedy, and without the necessity of posting any bond or other security. The aforementioned equitable relief shall be in addition to, not in lieu of, legal remedies, monetary damages or other available forms of relief.

Non-Competition and Non-Solicitation. 10.1 In consideration of During the Restricted Stock, the Grantee agrees Term and covenants not to: (a) contribute his or her knowledge, directly or indirectly, in whole or in part, as an employee, officer, owner, manager, advisor, consultant, agent, partner, director, shareholder, volunteer, intern or in any other similar capacity to an entity engaged in the same or similar business as the Company and its Affiliates, including those engaged in the business of financial services for a period of one year following the Grantee’s date of termination of Continuous Service; or nonrenewal for any reason (bother than termination pursuant to Section 5.1(a): (a) the Employee shall not in the United States or in any country in which the Company shall then be doing business, directly or indirectly, solicit, hire, recruit, attempt to hire or recruitenter the employ of, or induce render any services to, any person, firm or corporation engaged in any business competitive with the termination of employment of any employee business of the Company or of any of its Affiliates for two years following subsidiaries or affiliates of which the Grantee’s termination of Continuous ServiceEmployee may become an employee or officer during the Term; or (c) he shall not engage in such business on his own account; and he shall not become interested in any such business, directly or indirectly, solicitas an individual, contact partner, shareholder, director, officer, principal, agent, employee, trustee, consultant, or any other relationship or capacity; provided, however, that nothing contained in this Section 10 shall be deemed to prohibit the Employee from acquiring, solely as an investment, shares of capital stock of any public corporation; (includingb) neither the Employee nor any Affiliate of the Employee shall solicit or utilize, but or assist any person in any way to solicit or utilize, the services, directly or indirectly, of any of the Company's directors, consultants, members of the Board of Scientific and Medical Advisors, officers or employees (collectively, "Associates of the Company"). This nonsolicitation and nonutilization provision shall not limited to, e-mail, regular mail, express mail, telephone, and instant message), attempt apply to contact or meet with the current, former or prospective customers Associates of the Company or any of its Affiliates for purposes of offering or accepting goods or services similar to or competitive who have previously terminated their relationship with those offered by the Company or any of its Affiliates for a period of one year following the Grantee’s termination of Continuous ServiceCompany. 10.2 10.1 If the Grantee breaches Employee commits a breach, or threatens to commit a breach, of any of the covenants set forth in provisions of this Section 10.1: (a) all unvested Restricted Stock shall be immediately forfeited; and (b) the Grantee hereby consents and agrees that 10, the Company shall be entitled have the following rights and remedies: 10.1.1 The right and remedy to seekhave the provisions of this Agreement specifically enforced by any court having equity jurisdiction, in addition to other available remedies, a temporary or permanent injunction or other equitable relief against it being acknowledged and agreed that any such breach or threatened breach from any court of competent jurisdiction, without shall cause irreparable injury to the necessity of showing any actual damages or Company and that money damages would shall not afford provide an adequate remedyremedy to the Company; and 6 10.1.2 The right and remedy to require the Employee to account for and pay over to the Company all compensation, profits, monies, accruals, increments or other benefits (collectively "Benefits") derived or received by the Employee as the result of any transactions constituting a breach of any of the provisions of the preceding paragraph, and without the necessity Employee hereby agrees to account for and pay over such Benefits to the Company. Each of posting any bond or other security. The aforementioned equitable relief the rights and remedies enumerated above shall be independent of the other, and shall be severally enforceable, and all of such rights and remedies shall be in addition to, and not in lieu of, legal remediesany other rights and remedies available to the Company under law or in equity. 10.2 If any of the covenants contained in Section 8, monetary damages 9 or 10, or any part thereof, is hereafter construed to be invalid or unenforceable, the same shall not affect the remainder of the covenant or covenants, which shall be given full effect without regard to the invalid portions. 10.3 If any of the covenants contained in Section 8, 9 or 10, or any part thereof, is held to be unenforceable because of the duration of such provision or the area covered thereby, the parties agree that the court making such determination shall have the power to reduce the duration and/or area of such provision and, in its reduced form, such provision shall then be enforceable. 10.4 The parties hereto intend to and hereby confer jurisdiction to enforce the covenants contained in Sections 8, 9 and 10 upon the courts of any state within the geographical scope of such covenants. In the event that the courts of any one or more of such states shall hold any such covenant wholly unenforceable by reason of the breadth of such scope or otherwise, it is the intention of the parties hereto that such determination not bar or in any way affect the Company's right to the relief provided above in the courts of any other available forms states within the geographical scope of reliefsuch covenants, as to breaches of such covenants in such other respective jurisdictions, the above covenants as they relate to each state being, for this purpose, severable into diverse and independent covenants.

Non-Competition and Non-Solicitation. 10.1 In consideration of the Restricted Stock, the Grantee agrees and covenants not to: (a) contribute his or her knowledgeEach Seller agrees that, during the Restricted Period, it shall not and shall cause each of its Affiliates not to, directly or indirectly, engage in whole any Restricted Business in any capacity, including rendering services to or having a financial interest in partany Restricted Business. For the avoidance of doubt, Parent and each of the Sellers agree that it would be a violation of this Section 5.14 for a Seller or any of its Affiliates to act as an employeeconsultant, advisor, independent contractor, officer, owner, manager, advisoremployee, consultantprincipal, agent, partner, director, shareholder, volunteer, intern lender or trustee of any Person that is engaged in any other similar capacity Restricted Business during the Restricted Period, provided that nothing in this Section 5.14 shall prohibit a Seller or any of its Affiliates from owning, directly or indirectly, solely as an investment, up to an entity engaged in the same one percent (1%) of any class of “publicly traded securities” of any Restricted Business, meaning securities that are traded on a national or similar business as the Company and its Affiliates, including those engaged in the business of financial services for a period of one year following the Grantee’s termination of Continuous Service;foreign securities exchange. (b) Each Seller agrees that during the Restricted Period it shall not and shall cause each of its Affiliates not to, directly or indirectly, solicit, hire, recruit, attempt solicit for employment or encourage to hire or recruit, or induce the termination of leave employment of any employee of the Company or its Affiliates for two years following (including the Grantee’s termination of Continuous Service; or (c) directly or indirectly, solicit, contact (including, but not limited to, e-mail, regular mail, express mail, telephone, and instant messageSurviving Company), attempt to contact or meet with the current, former or prospective customers of the Company . Nothing in this Section 5.14 shall prohibit a Seller or any of its Affiliates for purposes from placing general advertisements that may be targeted to a particular geographic or technical area but that are not specifically targeted toward employees of offering or accepting goods or services similar to or competitive with those offered by the Company (including the Surviving Company) or any of its Affiliates for a period of one year following the Grantee’s termination of Continuous Servicetheir Affiliates, successors or assigns. 10.2 If the Grantee breaches any of the covenants set forth in Section 10.1: (c) Each Seller acknowledges that (a) all unvested Restricted Stock shall any violation of the provisions of this Section 5.14 would cause irreparable harm to parent and that money damages would not be immediately forfeited; and an adequate remedy for any such violation and (b) the Grantee hereby consents accordingly, Parent and agrees that the Company its Affiliates shall be entitled to seek, in addition to other available remedies, a temporary or permanent injunction obtain injunctive or other equitable relief against such breach to prevent any actual or threatened breach from of any court of competent jurisdictionsuch provisions and to enforce such provisions specifically, without the necessity of showing any actual damages or that money damages would not afford an adequate remedy, and without the necessity of posting any a bond or other securitysecurity or of proving actual damages, by an appropriate court in the appropriate jurisdiction. The aforementioned equitable relief remedies provided in this Section 5.14 are cumulative and shall not exclude any other remedies to which Parent may be entitled under this Agreement or applicable Law, and the exercise of a remedy under this Section 5.14 shall not be deemed an election excluding any other remedy or any waiver thereof. (d) If any Governmental Authority determines that the foregoing restrictions are too broad or otherwise unreasonable under applicable Law, including with respect to time or geographical scope, such Governmental Authority is hereby requested and authorized by the Parties to revise the foregoing restriction to include the maximum restrictions allowable under Law. Each Seller acknowledges, however, that this Section 5.14 has been negotiated by each such Person and that the geographical scope and time limitations, as well as the limitation on activities, are reasonable in addition to, not in lieu of, legal remedies, monetary damages or other available forms light of reliefthe circumstances pertaining to the transactions contemplated by this Agreement.

Non-Competition and Non-Solicitation. 10.1 In consideration of the Restricted Stock, the Grantee agrees and covenants not to: (a) contribute his or her knowledge, directly or indirectly, in whole or in part, as an employee, officer, owner, manager, advisor, consultant, agent, partner, director, shareholder, volunteer, intern or in any other similar capacity to an entity engaged in the same or similar business as the Company and its Affiliates, including those engaged in the business of financial services [DESCRIPTION OF BUSINESS] for a period of one year [TERM OF MONTHS OR YEARS] following the Grantee’s termination of Continuous Service; (b) directly or indirectly, solicit, hire, recruit, attempt to hire or recruit, or induce the termination of employment of any employee of the Company or its Affiliates for two years [TERM OF MONTHS OR YEARS] following the Grantee’s termination of Continuous Service; or (c) directly or indirectly, solicit, contact (including, but not limited to, e-mail, regular mail, express mail, telephone, fax, and instant message), attempt to contact or meet with the current[, former or prospective prospective] customers of the Company or any of its Affiliates for purposes of offering or accepting goods or services similar to or competitive with those offered by the Company or any of its Affiliates for a period of one year [TERM OF MONTHS OR YEARS] following the Grantee’s termination of Continuous Service. 10.2 If the Grantee breaches any of the covenants set forth in Section 10.1: (a) all unvested Restricted Stock shall be immediately forfeited; and (b) the Grantee hereby consents and agrees that the Company shall be entitled to seek, in addition to other available remedies, a temporary or permanent injunction or other equitable relief against such breach or threatened breach from any court of competent jurisdiction, without the necessity of showing any actual damages or that money damages would not afford an adequate remedy, and without the necessity of posting any bond or other security. The aforementioned equitable relief shall be in addition to, not in lieu of, legal remedies, monetary damages or other available forms of relief.

Non-Competition and Non-Solicitation. 10.1 In consideration of the Restricted Stock, the Grantee agrees and covenants not to: (a) contribute his or her knowledge, directly or indirectly, in whole or in part, as an employee, officer, owner, manager, advisor, consultant, agent, partner, director, shareholder, volunteer, intern or in any other similar capacity to an entity engaged in the same or similar business as the Company and its Affiliates, including those engaged in the business of financial services Affiliates for a period of one year following the Grantee’s termination of Continuous Service; (b) directly or indirectly, solicit, hire, recruit, attempt to hire or recruit, or induce the termination of employment of any employee of the Company or its Affiliates for two years a period of one year following the Grantee’s termination of Continuous Service; or (c) directly or indirectly, solicit, contact (including, but not limited to, e-mail, regular mail, express mail, telephone, fax, and instant message), attempt to contact or meet with the current, former or prospective customers of the Company or any of its Affiliates for purposes of offering or accepting goods or services similar to or competitive with those offered by the Company or any of its Affiliates for a period of one year following the Grantee’s termination of Continuous Service. 10.2 If the Grantee breaches any of the covenants set forth in Section 10.1: (a) all unvested Restricted Stock shall be immediately forfeited; and (b) the Grantee hereby consents and agrees that the Company shall be entitled to seek, in addition to other available remedies, a temporary or permanent injunction or other equitable relief against such breach or threatened breach from any court of competent jurisdiction, without the necessity of showing any actual damages or that money damages would not afford an adequate remedy, and without the necessity of posting any bond or other security. The aforementioned equitable relief shall be in addition to, not in lieu of, legal remedies, monetary damages or other available forms of relief.

Non-Competition and Non-Solicitation. 10.1 In consideration of the Restricted Stock, the Grantee agrees and covenants not to: (a) contribute his or her knowledgeDuring the period beginning on the Effective Date and expiring on February 8, 2003 (the "Restricted Period"), Bohn, Xxxxxx xxx GlobalNet and their Affiliates shall not, directly or indirectly, in whole or in part, indirectly whether as an employee, officerconsultant, ownerpartner, manager, advisor, consultantprincipal, agent, partnerdistributor, directorrepresentative, shareholderstockholder or otherwise (except that collectively they may be a stockholder of not more than a 5% equity interest in a public company) (except when acting on behalf of the Company), volunteer, intern or engage in any other similar capacity to an entity engaged activities in the same or similar business as the Company and its Affiliates, including those engaged any country world-wide in the business of financial services for a period of one year following the Grantee’s termination of Continuous Service; (b) directly or indirectly, solicit, hire, recruit, attempt to hire or recruit, or induce the termination of employment of any employee of which the Company or its Affiliates for two years following the Grantee’s termination of Continuous Service; or (c) directly or indirectly, solicit, contact (including, but not limited to, e-mail, regular mail, express mail, telephone, and instant message), attempt to contact or meet any Subsidiary then conducts business that are in competition with the current, former or prospective customers Existing Business of the Company or any Subsidiary. (b) During the Restricted Period, Bohn, Xxxxxx xxx GlobalNet shall not directly or indirectly (i) solicit any customer of its Affiliates for purposes the Company or any Subsidiary as a customer of offering a business competitive to an Existing Business or accepting goods or services similar to or competitive with those offered (ii) solicit any Person who is employed by the Company or any Subsidiary of the Company, other than (A) persons previously known to Bohn, Xxxxxx xxx GlobalNet and/or (B) a secretary/administrative assistant who is employed by the Company or its Affiliates for a period Subsidiaries, to accept employment with any of one year following the Grantee’s termination Bohn, Xxxxxx xx GlobalNet or any entity controlled, owned or operated by any of Continuous Servicethem. 10.2 If (c) Bohn, Morgan, GlobalNet and the Grantee Company each acknowledge that the other has no adequate remedy at law and would be irreparably harmed if any of Bohn, Morgan, GlobalNet or the Company breaches or threatens to breach any of the covenants set forth in Section 10.1: (a) all unvested Restricted Stock shall be immediately forfeited; and (b) provisions of Sections 7 through 10, therefore Bohn, Morgan, GlobalNet and the Grantee hereby consents and agrees Company each agree that the Company other shall be entitled to seek, in addition to other available remedies, a temporary or permanent injunction mandatory or other equitable relief against such injunctive relief, to terminate or forestall any breach or threatened breach from of any court of competent jurisdiction, those provisions and to specific performance of the terms of each of such provisions without the necessity of showing any actual damages need to demonstrate irreparable injury or that money damages would not afford an adequate remedy, and without the necessity of posting any post bond or other security. The aforementioned equitable relief Bohn, Morgan, GlobalNet and the Company each further agree that they shall be in addition to, not in lieu of, legal remedies, monetary damages or other available forms of relief.not,

Non-Competition and Non-Solicitation. 10.1 13.1 In consideration of the Restricted StockPSUs, the Grantee agrees and covenants not to: (a) contribute his or her knowledge, directly or indirectly, in whole or in part, as an employee, officer, owner, manager, advisor, consultant, agent, partner, director, shareholder, volunteer, intern or in any other similar capacity to an entity engaged in the same or similar business as the Company and its Affiliates, including those engaged in the business of financial services nuclear fuel technology for a period of one year following the Grantee’s 's termination of Continuous Service; (b) directly or indirectly, solicit, hire, recruit, attempt to hire or recruit, or induce the termination of employment of any employee of the Company or its Affiliates for two years one year following the Grantee’s 's termination of Continuous Service; or (c) directly or indirectly, solicit, contact (including, but not limited to, e-mail, regular mail, express mail, telephone, fax, and instant message), attempt to contact or meet with the current, former or prospective customers of the Company or any of its Affiliates for purposes of offering or accepting goods or services similar to or competitive with those offered by the Company or any of its Affiliates for a period of one year following the Grantee’s 's termination of Continuous Service. 10.2 13.2 If the Grantee breaches any of the covenants set forth in Section 10.113.1: (a) all unvested Restricted Stock PSUs shall be immediately forfeited; and (b) the Grantee hereby consents and agrees that the Company shall be entitled to seek, in addition to other available remedies, a temporary or permanent injunction or other equitable relief against such breach or threatened breach from any court of competent jurisdiction, without the necessity of showing any actual damages or that money damages would not afford an adequate remedy, and without the necessity of posting any bond or other security. The aforementioned equitable relief shall be in addition to, not in lieu of, legal remedies, monetary damages or other available forms of relief.]

Non-Competition and Non-Solicitation. 10.1 In consideration of During the Restricted Stock, the Grantee agrees Term and covenants not to: (a) contribute his or her knowledge, directly or indirectly, in whole or in part, as an employee, officer, owner, manager, advisor, consultant, agent, partner, director, shareholder, volunteer, intern or in any other similar capacity to an entity engaged in the same or similar business as the Company and its Affiliates, including those engaged in the business of financial services for a period of one year following the Grantee’s date of termination of Continuous Service; or nonrenewal for any reason (bother than for termination pursuant to Section 5.1(a): (a) the Employee shall not in the United States or in any country in which the Company shall then be doing business, directly or indirectly, solicit, hire, recruit, attempt to hire or recruitenter the employ of, or induce render any services to, any person, firm or corporation engaged in any business competitive with the termination of employment of any employee business of the Company or of any of its Affiliates for two years following subsidiaries or affiliates of which the Grantee’s termination of Continuous ServiceEmployee may become an employee or officer during the Term; or (c) he shall not engage in such business on his own account; and he shall not become interested in any such business, directly or indirectly, solicitas an individual, contact partner, shareholder, director, officer, principal, agent, employee, trustee, consultant, or any other relationship or capacity; provided, however, that nothing contained in this Section 10 shall be deemed to prohibit the Employee from acquiring, solely as an investment, shares of capital stock of any public corporation; (includingb) neither the Employee nor any Affiliate of the Employee shall solicit or utilize, but or assist any person in any way to solicit or utilize, the services, directly or indirectly, of any of the Company's directors, consultants, members of the Board of Scientific and Medical Advisors, officers or employees (collectively, "Associates of the Company"). This nonsolicitation and nonutilization provision shall not limited to, e-mail, regular mail, express mail, telephone, and instant message), attempt apply to contact or meet with the current, former or prospective customers Associates of the Company or any of its Affiliates for purposes of offering or accepting goods or services similar to or competitive who have previously terminated their relationship with those offered by the Company or any of its Affiliates for a period of one year following the Grantee’s termination of Continuous ServiceCompany. 10.2 10.1 If the Grantee breaches Employee commits a breach, or threatens to commit a breach, of any of the covenants set forth in provisions of this Section 10.1: (a) all unvested Restricted Stock shall be immediately forfeited; and (b) the Grantee hereby consents and agrees that 10, the Company shall be entitled have the following rights and remedies: 10.1.1 The right and remedy to seekhave the provisions of this Agreement specifically enforced by any court having equity jurisdiction, in addition to other available remedies, a temporary or permanent injunction or other equitable relief against it being acknowledged and agreed that any such breach or threatened breach from any court of competent jurisdiction, without shall cause irreparable injury to the necessity of showing any actual damages or Company and that money damages would shall not afford provide an adequate remedyremedy to the Company; and 10.1.2 The right and remedy to require the Employee to account for and pay over to the Company all compensation, profits, monies, accruals, increments or other benefits (collectively "Benefits") derived or received by the Employee as the result of any transactions 6 constituting a breach of any of the provisions of the preceding paragraph, and without the necessity Employee hereby agrees to account for and pay over such Benefits to the Company. Each of posting any bond or other security. The aforementioned equitable relief the rights and remedies enumerated above shall be independent of the other, and shall be severally enforceable, and all of such rights and remedies shall be in addition to, and not in lieu of, legal remediesany other rights and remedies available to the Company under law or in equity. 10.2 If any of the covenants contained in Section 8, monetary damages 9 or 10, or any part thereof, is hereafter construed to be invalid or unenforceable, the same shall not affect the remainder of the covenant or covenants, which shall be given full effect without regard to the invalid portions. 10.3 If any of the covenants contained in Section 8, 9 or 10, or any part thereof, is held to be unenforceable because of the duration of such provision or the area covered thereby, the parties agree that the court making such determination shall have the power to reduce the duration and/or area of such provision and, in its reduced form, such provision shall then be enforceable. 10.4 The parties hereto intend to and hereby confer jurisdiction to enforce the covenants contained in Sections 8, 9 and 10 upon the courts of any state within the geographical scope of such covenants. In the event that the courts of any one or more of such states shall hold any such covenant wholly unenforceable by reason of the breadth of such scope or otherwise, it is the intention of the parties hereto that such determination not bar or in any way affect the Company's right to the relief provided above in the courts of any other available forms states within the geographical scope of reliefsuch covenants, as to breaches of such covenants in such other respective jurisdictions, the above covenants as they relate to each state being, for this purpose, severable into diverse and independent covenants.

Non-Competition and Non-Solicitation. 10.1 In consideration of the Restricted Stock, the Grantee agrees and covenants not to: (a) contribute his or her knowledge, directly or indirectly, in whole or in part, as an employee, officer, owner, manager, advisor, consultant, agent, partner, director, shareholder, volunteer, intern or in any other similar capacity to an entity engaged in the same or similar business as the Company and its Affiliates, including those engaged in the business of financial services nuclear fuel technology for a period of one year following the Grantee’s 's termination of Continuous Service; (b) directly or indirectly, solicit, hire, recruit, attempt to hire or recruit, or induce the termination of employment of any employee of the Company or its Affiliates for two years one year following the Grantee’s 's termination of Continuous Service; or (c) directly or indirectly, solicit, contact (including, but not limited to, e-mail, regular mail, express mail, telephone, fax, and instant message), attempt to contact or meet with the current[, former or prospective prospective] customers of the Company or any of its Affiliates for purposes of offering or accepting goods or services similar to or competitive with those offered by the Company or any of its Affiliates for a period of one year following the Grantee’s 's termination of Continuous Service. 10.2 If the Grantee breaches any of the covenants set forth in Section 10.1: (a) all unvested Restricted Stock shall be immediately forfeited; and (b) the Grantee hereby consents and agrees that the Company shall be entitled to seek, in addition to other available remedies, a temporary or permanent injunction or other equitable relief against such breach or threatened breach from any court of competent jurisdiction, without the necessity of showing any actual damages or that money damages would not afford an adequate remedy, and without the necessity of posting any bond or other security. The aforementioned equitable relief shall be in addition to, not in lieu of, legal remedies, monetary damages or other available forms of relief.]

Non-Competition and Non-Solicitation. 10.1 In consideration of During the Restricted Stock, the Grantee agrees Term and covenants not to: (a) contribute his or her knowledge, directly or indirectly, in whole or in part, as an employee, officer, owner, manager, advisor, consultant, agent, partner, director, shareholder, volunteer, intern or in any other similar capacity to an entity engaged in the same or similar business as the Company and its Affiliates, including those engaged in the business of financial services for a period of one year following the Grantee’s date of termination of Continuous Service; or nonrenewal for any reason (bother than termination pursuant to Section 5.l(a): (a) the Employee shall not in the United States or in any country in which the Company shall then be doing business, directly or indirectly, solicit, hire, recruit, attempt to hire or recruitenter the employ of, or induce render any services to, any person, firm or corporation engaged in any business competitive with the termination of employment of any employee business of the Company or of any of its Affiliates for two years following subsidiaries or affiliates of which the Grantee’s termination of Continuous ServiceEmployee may become an employee or officer during the Term; or (c) he shall not engage in such business on his own account; and he shall not become interested in any such business, directly or indirectly, solicitas an individual, contact partner, shareholder, director, officer, principal, agent, employee, trustee, consultant, or any other relationship or capacity; provided, however, that nothing contained in this Section 10 shall be deemed to prohibit the Employee from acquiring, solely as an investment, shares of capital stock of any public corporation; (includingb) neither the Employee nor any Affiliate of the Employee shall solicit or utilize, but or assist any person in any way to solicit or utilize, the services, directly or indirectly, of any of the Company's directors, consultants, members of the Board of Scientific and Medical Advisors, officers or employees (collectively, "Associates of the Company"). This nonsolicitation and nonutilization provision shall not limited to, e-mail, regular mail, express mail, telephone, and instant message), attempt apply to contact or meet with the current, former or prospective customers Associates of the Company or any of its Affiliates for purposes of offering or accepting goods or services similar to or competitive who have previously terminated their relationship with those offered by the Company or any of its Affiliates for a period of one year following the Grantee’s termination of Continuous ServiceCompany. 10.2 10.1 If the Grantee breaches Employee commits a breach, or threatens to commit a breach, of any of the covenants set forth in provisions of this Section 10.1: (a) all unvested Restricted Stock shall be immediately forfeited; and (b) the Grantee hereby consents and agrees that 10, the Company shall be entitled have the following rights and remedies: 10.1.1 The right and remedy to seekhave the provisions of this Agreement specifically enforced by any court having equity jurisdiction, in addition to other available remedies, a temporary or permanent injunction or other equitable relief against it being acknowledged and agreed that any such breach or threatened breach from any court of competent jurisdiction, without shall cause irreparable injury to the necessity of showing any actual damages or Company and that money damages would shall not afford provide an adequate remedyremedy to the Company; and 10.1.2 The right and remedy to require the Employee to account for and pay over to the Company all compensation, profits, monies, accruals, increments or other benefits (collectively "Benefits") derived or received by the Employee as the result of any transactions constituting a breach of any of the provisions of the preceding paragraph, and without the necessity Employee hereby agrees to account for and pay over such Benefits to the Company. Each of posting any bond or other security. The aforementioned equitable relief the rights and remedies enumerated above shall be independent of the other, and shall be severally enforceable, and all of such rights and remedies shall be in addition to, and not in lieu of, legal remediesany other rights and remedies available to the Company under law or in equity. 10.2 If any of the covenants contained in Section 8, monetary damages 9 or 10, or any part thereof, is hereafter construed to be invalid or unenforceable, the same shall not affect the remainder of the covenant or covenants, which shall be given full effect without regard to the invalid portions. 10.3 If any of the covenants contained in Section 8, 9 or 10, or any part thereof, is held to be unenforceable because of the duration of such provision or the area covered thereby, the parties agree that the court making such determination shall have the power to reduce the duration and/or area of such provision and, in its reduced form, such provision shall then be enforceable. 10.4 The parties hereto intend to and hereby confer jurisdiction to enforce the covenants contained in Sections 8, 9 and 10 upon the courts of any state within the geographical scope of such covenants. In the event that the courts of any one or more of such states shall hold any such covenant wholly unenforceable by reason of the breadth of such scope or otherwise, it is the intention of the parties hereto that such determination not bar or in any way affect the Company's right to the relief provided above in the courts of any other available forms states within the geographical scope of reliefsuch covenants, as to breaches of such covenants in such other respective jurisdictions, the above covenants as they relate to each state being, for this purpose, severable into diverse and independent covenants.

Non-Competition and Non-Solicitation. 10.1 9.1 In consideration of the Restricted Stockoption, the Grantee Employee agrees and covenants not to: (a) contribute his or her knowledge, directly or indirectly, in whole or in part, as an employee, officer, owner, manager, advisor, consultant, agent, partner, director, shareholderstockholder, volunteer, intern or in any other similar capacity to an entity engaged in the same or similar business as the Company and its Affiliatesaffiliates, including those engaged in the business retail sale of financial services apparel, swimwear, lingerie, accessories or footwear, during Employee’s tenure with the Company and its affiliates and for a period of one year 12 months following the GranteeEmployee’s termination of Continuous Service;Service or such longer period of time as may be set forth in any offer letter or other agreement with the parties; or, (b) directly or indirectly, solicit, hire, recruit, attempt to hire or recruit, or induce the termination of employment of any employee of the Company or its Affiliates affiliates during Employee’s tenure with the Company and its affiliates and for two years 12 months following the GranteeEmployee’s termination of Continuous Service; or (c) directly or indirectly, solicit, contact (including, but not limited to, e-mail, regular mail, express mail, telephone, and instant message), attempt to contact or meet with the current, former or prospective customers of the Company or any of its Affiliates for purposes of offering or accepting goods or services similar to or competitive with those offered by the Company or any of its Affiliates for a period of one year following the Grantee’s termination of Continuous Service. 10.2 If 9.2 In the Grantee breaches event of a breach or threatened breach of any of the covenants set forth contained in Section 10.19.1: (a) all any unvested Restricted Stock portion of the option shall be immediately forfeitedforfeited effective as of the date of such breach, unless sooner terminated by operation of another term or condition of this Notice and Agreement or the Plan; and (b) the Grantee Employee hereby consents and agrees that the Company shall be entitled to seek, in addition to other available remedies, a temporary or permanent injunction or other equitable relief against such breach or threatened breach from any court of competent jurisdiction, without the necessity of showing any actual damages or that money damages would not afford an adequate remedy, and without the necessity of posting any bond or other security. The aforementioned equitable relief shall be in addition to, not in lieu of, legal remedies, monetary damages or other available forms of relief.

Non-Competition and Non-Solicitation. 10.1 In consideration of the Restricted StockOption, the Grantee Participant agrees and covenants not to: (a) contribute his or her knowledge, directly or indirectly, in whole or in part, as an employee, officer, owner, manager, advisor, consultant, agent, partner, director, shareholder, volunteer, intern or in any other similar capacity to an entity engaged in the same or similar business as the Company and its Affiliates, including those engaged in the business of financial services nuclear fuel technology for a period of one year following the Grantee’s Participant's termination of Continuous Service; (b) directly or indirectly, solicit, hire, recruit, attempt to hire or recruit, or induce the termination of employment of any employee of the Company or its Affiliates for two years one year following the Grantee’s Participant's termination of Continuous Service; or (c) directly or indirectly, solicit, contact (including, but not limited to, e-mail, regular mail, express mail, telephone, fax, and instant message), attempt to contact or meet with the current, former or prospective customers of the Company or any of its Affiliates for purposes of offering or accepting goods or services similar to or competitive with those offered by the Company or any of its Affiliates for a period of one year following the Grantee’s Participant's termination of Continuous Service. 10.2 If In the Grantee breaches event of a breach or threatened breach of any of the covenants set forth contained in Section 10.1: (a) all any unvested Restricted Stock portion of the Option shall be immediately forfeitedforfeited effective as of the date of such breach, unless sooner terminated by operation of another term or condition of this Agreement or the Plan; and (b) the Grantee Participant hereby consents and agrees that the Company shall be entitled to seek, in addition to other available remedies, a temporary or permanent injunction or other equitable relief against such breach or threatened breach from any court of competent jurisdiction, without the necessity of showing any actual damages or that money damages would not afford an adequate remedy, and without the necessity of posting any bond or other security. The aforementioned equitable relief shall be in addition to, not in lieu of, legal remedies, monetary damages or other available forms of relief.]

Non-Competition and Non-Solicitation. 10.1 32.1 In consideration of the Restricted Stock, the Grantee agrees and covenants not to: (a) contribute his or her knowledge, directly or indirectly, in whole or in part, as an employee, officer, owner, manager, advisor, consultant, agent, partner, director, shareholder, volunteer, intern or in any other similar capacity to an entity engaged in the same or similar business as the Company and its Affiliates, including those engaged in the same or similar business of financial services as the Company and its Affiliates in North America for a period of one year 12 months following the GranteeXxxxxxx’s termination of Continuous Service; (b) directly or indirectly, solicit, hire, recruit, attempt to hire or recruit, or induce the termination of employment of any employee of the Company or its Affiliates for two years 12 months following the Grantee’s termination of Continuous Service; or (c) directly or indirectly, solicit, contact (including, but not limited to, e-mail, regular mail, express mail, telephone, fax, and instant message), attempt to contact or meet with the current, former or prospective customers of the Company or any of its Affiliates for purposes of offering or accepting goods or services similar to or competitive with those offered by the Company or any of its Affiliates for a period of one year 12 months following the Grantee’s termination of Continuous Service. 10.2 32.2 If the Grantee breaches any of the covenants set forth in Section 10.1: (a) all unvested Restricted Stock shall be immediately forfeited; and (b) the Grantee hereby consents and agrees that the Company shall be entitled to seek, in addition to other available remedies, a temporary or permanent injunction or other equitable relief against such breach or threatened breach from any court of competent jurisdiction, without the necessity of showing any actual damages or that money damages would not afford an adequate remedy, and without the necessity of posting any bond or other security. The aforementioned equitable relief shall be in addition to, not in lieu of, legal remedies, monetary damages or other available forms of relief.

Non-Competition and Non-Solicitation. 10.1 In consideration of the Restricted Stock, the Grantee agrees and covenants not to: (a) contribute his or her knowledge, directly or indirectly, in whole or in part, as an employee, officer, owner, manager, advisor, consultant, agent, partner, director, shareholderstockholder, volunteer, intern or in any other similar capacity to an entity engaged in the same or similar business as the Company and its Affiliates, including those engaged in the business of financial services [producing and/or manufacturing of plant-based frozen food] for a period of one year [___] following the Grantee’s termination of Continuous Service; (b) directly or indirectly, solicit, hire, recruit, attempt to hire or recruit, or induce the termination of employment of any employee of the Company or its Affiliates for two years [___] following the Grantee’s termination of Continuous Service; or (c) directly or indirectly, solicit, contact (including, but not limited to, e-mail, regular mail, express mail, telephone, fax, and instant message), attempt to contact or meet with the current[, former or prospective prospective] customers of the Company or any of its Affiliates for purposes of offering or accepting goods or services similar to or competitive with those offered by the Company or any of its Affiliates for a period of one year [_____] following the Grantee’s termination of Continuous Service. 10.2 If the Grantee breaches any of the covenants set forth in Section 10.1: (a) all unvested Restricted Stock shall be immediately forfeited; and (b) the Grantee hereby consents and agrees that the Company shall be entitled to seek, in addition to other available remedies, a temporary or permanent injunction or other equitable relief against such breach or threatened breach from any court of competent jurisdiction, without the necessity of showing any actual damages or that money damages would not afford an adequate remedy, and without the necessity of posting any bond or other security. The aforementioned equitable relief shall be in addition to, not in lieu of, legal remedies, monetary damages or other available forms of relief.]

Non-Competition and Non-Solicitation. 10.1 14.1 In consideration of the Restricted StockPSUs, the Grantee agrees and covenants not to: (a) contribute his or her knowledge, directly or indirectly, in whole or in part, as an employee, officer, owner, manager, advisor, consultant, agent, partner, director, shareholder, volunteer, intern or in any other similar capacity to an entity engaged in the same or similar business as the Company and its Affiliates, including those engaged in the business of financial specialty maintenance and construction services required in maintaining high temperature and high pressure piping systems and vessels utilized extensively in heavy industry, which service includes, but is not limited to, inspection and assessment, field heat treating, leak repair, fugitive emissions control, hot tapping, field machining, technical bolting, field valve repair asset integrity and reliability management services and products involving advanced inspection and engineering assessment and the sale and service of waterworks valves and any other services Team currently provides for a period of one year two (2) years following the Grantee’s termination of Continuous Service; (b) directly or indirectly, solicit, hire, recruit, attempt to hire or recruit, or induce the termination of employment of any employee of the Company or its Affiliates for two years eighteen (18) months following the Grantee’s termination of Continuous Service; or (c) directly or indirectly, solicit, contact (including, but not limited to, e-mail, regular mail, express mail, telephone, fax, and instant message), attempt to contact or meet with the current, former or prospective current customers of the Company or any of its Affiliates for purposes of offering or accepting goods or services similar to or competitive with those offered by the Company or any of its Affiliates for a period of one year two (2) years following the Grantee’s termination of Continuous Service. 10.2 14.2 If the Grantee breaches any of the covenants set forth in Section 10.114.1: (a) all unvested Restricted Stock PSUs shall be immediately forfeited; and (b) the Grantee hereby consents and agrees that the Company shall be entitled to seek, in addition to other available remedies, a temporary or permanent injunction or other equitable relief against such breach or threatened breach from any court of competent jurisdiction, without the necessity of showing any actual damages or that money damages would not afford an adequate remedy, and without the necessity of posting any bond or other security. The aforementioned equitable relief shall be in addition to, not in lieu of, legal remedies, monetary damages or other available forms of relief.

Non-Competition and Non-Solicitation. 10.1 In consideration of the Restricted StockOption, the Grantee Participant agrees and covenants not to: (a) contribute his or her knowledge, directly or indirectly, in whole or in part, as an employee, officer, owner, manager, advisor, consultant, agent, partner, director, shareholder, volunteer, intern or in any other similar capacity to an entity engaged in the same or similar business as the Company and its Affiliates, including those engaged in the business of financial services banking for a period of one year [TERM OF MONTHS OR YEARS] following the GranteeParticipant’s termination of Continuous Service; (b) directly or indirectly, solicit, hire, recruit, attempt to hire or recruit, or induce the termination of employment of any employee of the Company or its Affiliates for two years [TERM OF MONTHS OR YEARS] following the GranteeParticipant’s termination of Continuous Service; or (c) directly or indirectly, solicit, contact (including, but not limited to, e-mail, regular mail, express mail, telephone, fax, and instant message), attempt to contact or meet with the current, former or prospective customers of the Company or any of its Affiliates for purposes of offering or accepting goods banking products or services similar to or competitive with those offered by the Company or any of its Affiliates for a period of one year [TERM OF MONTHS OR YEARS] following the GranteeParticipant’s termination of Continuous Service. 10.2 If In the Grantee breaches event of a breach or threatened breach of any of the covenants set forth contained in Section 10.1: (a) all any unvested Restricted Stock portion of the Option shall be immediately forfeitedforfeited effective as of the date of such breach, unless sooner terminated by operation of another term or condition of this Agreement or the Plan; and (b) the Grantee Participant hereby consents and agrees that the Company shall be entitled to seek, in addition to other available remedies, a temporary or permanent injunction or other equitable relief against such breach or threatened breach from any court of competent jurisdiction, without the necessity of showing any actual damages or that money damages would not afford an adequate remedy, and without the necessity of posting any bond or other security. The aforementioned equitable relief shall be in addition to, not in lieu of, legal remedies, monetary damages or other available forms of relief.

Non-Competition and Non-Solicitation. 10.1 In consideration of the Restricted StockOption, the Grantee Participant agrees and covenants not to: (a) contribute his or her knowledge, directly or indirectly, in whole or in part, as an employee, officer, owner, manager, advisor, consultant, agent, partner, director, shareholder, volunteer, intern or in any other similar capacity to an entity engaged in the same or similar business as the Company and its Affiliates, including those engaged in the business of financial services for a period of one year two (2) years following the GranteeParticipant’s termination of Continuous Service; (b) directly or indirectly, solicit, hire, recruit, attempt to hire or recruit, or induce the termination of employment of any employee of the Company or its Affiliates for period of two (2) years following the GranteeParticipant’s termination of Continuous Service; or (c) directly or indirectly, solicit, contact (including, but not limited to, e-mail, regular mail, express mail, telephone, fax, and instant message), attempt to contact or meet with the current, former or prospective customers of the Company or any of its Affiliates for purposes of offering or accepting goods or services similar to or competitive with those offered by the Company or any of its Affiliates for a period of one year two (2) years following the GranteeParticipant’s termination of Continuous Service. 10.2 If In the Grantee breaches event of a breach or threatened breach of any of the covenants set forth contained in Section 10.1: (a) all any unvested Restricted Stock portion of the Option shall be immediately forfeitedforfeited effective as of the date of such breach, unless sooner terminated by operation of another term or condition of this Agreement or the Plan; and (b) the Grantee Participant hereby consents and agrees that the Company shall be entitled to seek, in addition to other available remedies, a temporary or permanent injunction or other equitable relief against such breach or threatened breach from any court of competent jurisdiction, without the necessity of showing any actual damages or that money damages would not afford an adequate remedy, and without the necessity of posting any bond or other security. The aforementioned equitable relief shall be in addition to, not in lieu of, legal remedies, monetary damages or other available forms of relief.

Non-Competition and Non-Solicitation. 10.1 10.1. In consideration of the Restricted Stock, the Grantee agrees and covenants not to: (a) contribute his or her knowledge, directly or indirectly, in whole or in part, as an employee, officer, owner, manager, advisor, consultant, agent, partner, director, shareholderstockholder, volunteer, intern or in any other similar capacity to an entity engaged in the same or similar business as the Company and its Affiliates, including those engaged in the business of financial services nuclear fuel technology for a period of one year following the Grantee’s termination of Continuous Service; (b) directly or indirectly, solicit, hire, recruit, attempt to hire or recruit, or induce the termination of employment of any employee of the Company or its Affiliates for two years one year following the Grantee’s termination of Continuous Service; or (c) directly or indirectly, solicit, contact (including, but not limited to, e-mail, regular mail, express mail, telephone, fax, and instant message), attempt to contact or meet with the current[, former or prospective prospective] customers of the Company or any of its Affiliates for purposes of offering or accepting goods or services similar to or competitive with those offered by the Company or any of its Affiliates for a period of one year following the Grantee’s termination of Continuous Service. 10.2 10.2. If the Grantee breaches any of the covenants set forth in Section 10.1: (a) all unvested Restricted Stock shall be immediately forfeited; and (b) the Grantee hereby consents and agrees that the Company shall be entitled to seek, in addition to other available remedies, a temporary or permanent injunction or other equitable relief against such breach or threatened breach from any court of competent jurisdiction, without the necessity of showing any actual damages or that money damages would not afford an adequate remedy, and without the necessity of posting any bond or other security. The aforementioned equitable relief shall be in addition to, not in lieu of, legal remedies, monetary damages or other available forms of relief.]

Non-Competition and Non-Solicitation. 10.1 14.1 In consideration of the Restricted StockPSUs, the Grantee agrees and covenants not to: (a) contribute his or her knowledge, directly or indirectly, in whole or in part, as an employee, officer, owner, manager, advisor, consultant, agent, partner, director, shareholder, volunteer, intern or in any other similar capacity to an entity engaged in the same or similar business as the Company and its Affiliates, including those engaged in the business of financial specialty maintenance and construction services required in maintaining high temperature and high pressure piping systems and vessels utilized extensively in heavy industry, which service includes, but is not limited to, inspection and assessment, field heat treating, leak repair, fugitive emissions control, hot tapping, field machining, technical bolting, field valve repair asset integrity and reliability management services and products involving advanced inspection and engineering assessment and the sale and service of waterworks valves and any other services Team currently provides for a period of one year two (2) years following the Grantee’s 's termination of Continuous Service; (b) directly or indirectly, solicit, hire, recruit, attempt to hire or recruit, or induce the termination of employment of any employee of the Company or its Affiliates for two years eighteen (18) months following the Grantee’s 's termination of Continuous Service; or (c) directly or indirectly, solicit, contact (including, but not limited to, e-mail, regular mail, express mail, telephone, fax, and instant message), attempt to contact or meet with the current, former or prospective current customers of the Company or any of its Affiliates for purposes of offering or accepting goods or services similar to or competitive with those offered by the Company or any of its Affiliates for a period of one year two (2) years following the Grantee’s 's termination of Continuous Service. 10.2 14.2 If the Grantee breaches any of the covenants set forth in Section 10.114.1: (a) all unvested Restricted Stock PSUs shall be immediately forfeited; and (b) the Grantee hereby consents and agrees that the Company shall be entitled to seek, in addition to other available remedies, a temporary or permanent injunction or other equitable relief against such breach or threatened breach from any court of competent jurisdiction, without the necessity of showing any actual damages or that money damages would not afford an adequate remedy, and without the necessity of posting any bond or other security. The aforementioned equitable relief shall be in addition to, not in lieu of, legal remedies, monetary damages or other available forms of relief.

Non-Competition and Non-Solicitation. 10.1 In consideration You acknowledge and agree that during Your employment by the Company and for two (2) years after Your Termination Date, You will not accept employment with, or become an independent contractor to, or consult or perform services for, any person or entity that engages in new home construction (directly or indirectly) in competition with the Company without prior written consent of the Restricted StockCompany. You further agree that for three (3) years after Your Termination Date, the Grantee agrees and covenants not to: (a) contribute his or her knowledgeYou will not, directly or indirectly, in whole or in part, as an employee, officer, owner, manager, advisor, consultant, agent, partner, director, shareholder, volunteer, intern or in at any other similar capacity to an entity engaged in the same or similar business as the Company and its Affiliates, including those engaged in the business of financial services for a period of one year following the Grantee’s termination of Continuous Service; time: (bi) directly or indirectly, solicit, hire, recruit, attempt to hire or recruithire, or induce facilitate in any way the termination of employment hiring of any employee person who is then employed by or is a consultant to Company, or who was employed by or was a consultant to Company at any time during the twelve months before Your Termination Date; (ii) encourage any such person to terminate his or her employment or consultation with Company; or (iii) solicit any customer of Company or person or entity that within the year before the date of such solicitation, was a customer of Company, or whose identity You learned by virtue of Your employment with Company, to perform or provide home-building services or products for such customer of a substantially similar nature to those services performed or products provided by Company to its customers. You agree to inform any prospective new employer, prior to accepting employment, of the Company or its Affiliates for two years following existence of this Agreement and provide the Grantee’s termination new employer with a copy of Continuous Service; or (c) directly or indirectly, solicit, contact (including, but this section only. You agree that these post-employment covenants are reasonable and will not limited to, e-mail, regular mail, express mail, telephone, and instant message), attempt unreasonably interfere with Your ability to contact or meet with earn a living. The parties desire to give effect to the current, former or prospective customers of the Company or any of its Affiliates for purposes of offering or accepting goods or services similar to or competitive with those offered by the Company or any of its Affiliates for a period of one year following the Grantee’s termination of Continuous Service. 10.2 If the Grantee breaches any of the covenants provisions set forth in Section 10.1: (a) all unvested Restricted Stock the Non-competition, Non-solicitation and Confidentiality sections to the full extent allowed by law and in the event any court or arbitrator determines that the above-stated restrictions are unlawful or unenforceable, said court or arbitrator shall be immediately forfeited; and (b) requested by You and the Grantee hereby consents Company to recast such restrictions to the maximum extent enforceable. The parties agree that a violation of these provisions will result in irreparable harm and agrees that should You violate them, the Company shall be entitled to seekimmediate and permanent injunctive relief in Oakland County Circuit Court or the United States District Court for the Eastern District of Michigan without needing to post a bond. Additionally, in addition to other available remedies, a temporary or permanent injunction or other equitable relief against such breach or threatened breach from any court the provisions of competent jurisdiction, without the necessity of showing any actual damages or that money damages would not afford an adequate remedy, and without the necessity of posting any bond or other security. The aforementioned equitable relief this Agreement shall be in addition tobinding upon You and Your heirs, not in lieu ofexecutors, administrators and other legal remedies, monetary damages or other available forms of reliefrepresentatives.

Non-Competition and Non-Solicitation. 10.1 In consideration During the Term and for a period of six (6) months following the Restricted Stock, the Grantee agrees and covenants not toexpiration or termination of this Agreement: (a) contribute his the Consultant shall not in the United States or her knowledgein any country in which the Company shall then be doing business, directly or indirectly, in whole enter the employ of, or in partrender any services to, as an employeeany person, officer, owner, manager, advisor, consultant, agent, partner, director, shareholder, volunteer, intern firm or corporation engaged in any other similar capacity to an entity engaged in the same or similar business as the Company and its Affiliates, including those engaged in competitive with the business of financial services for a period the Company or of one year following the Grantee’s termination any of Continuous Service; (b) its subsidiaries or affiliates; he shall not engage in such business on his own account; and he shall not become interested in any such business, directly or indirectly, solicitas an individual, hirepartner, recruitshareholder, attempt to hire or recruitdirector, officer, principal, agent, employee, trustee, consultant, or induce any other relationship or capacity; provided, however, that nothing contained in this Section 7 shall be deemed to prohibit the termination Consultant from acquiring, solely as an investment, shares of employment capital stock of any employee public corporation; (b) neither the Consultant nor any Affiliate of the Company Consultant shall solicit or its Affiliates for two years following utilize, or assist any person in any way to solicit or utilize, the Grantee’s termination of Continuous Service; or (c) services, directly or indirectly, solicitof any of the Company's directors, contact consultants, members of the Board of Scientific and Medical Advisors, officers or employees (includingcollectively, but "Associates of the Company"). This non-solicitation and non-utilization provision shall not limited to, e-mail, regular mail, express mail, telephone, and instant message), attempt apply to contact or meet with the current, former or prospective customers Associates of the Company or any of its Affiliates for purposes of offering or accepting goods or services similar to or competitive who have previously terminated their relationship with those offered by the Company or any of its Affiliates for a period of one year following the Grantee’s termination of Continuous ServiceCompany. 10.2 7.1 If the Grantee breaches Consultant commits a breach, or threatens to commit a breach, of any of the covenants set forth in provisions of this Section 10.1: (a) all unvested Restricted Stock shall be immediately forfeited; and (b) the Grantee hereby consents and agrees that 7, the Company shall be entitled have the following rights and remedies: 7.1.1 The right and remedy to seekhave the provisions of this Agreement specifically enforced by any court having equity jurisdiction, in addition to other available remedies, a temporary or permanent injunction or other equitable relief against it being acknowledged and agreed that any such breach or threatened breach from any court of competent jurisdiction, without shall cause irreparable injury to the necessity of showing any actual damages or Company and that money damages would shall not afford provide an adequate remedyremedy to the Company. 7.1.2 The right and remedy to require the Consultant to account for and pay over to the Company all compensation, profits, monies, accruals, increments or other benefits (collectively "Benefits") derived or received by the Consultant as the result of any transactions constituting a breach of any of the provisions of the preceding paragraph, and without the necessity Consultant hereby agrees to account for and pay over such Benefits to the Company. Each of posting any bond or other security. The aforementioned equitable relief the rights and remedies enumerated above shall be independent of the other, and shall be severally enforceable, and all of such rights and remedies shall be in addition to, and not in lieu of, legal remedies, monetary damages any other rights and remedies available to the Company under law or other available forms of reliefin equity.

Non-Competition and Non-Solicitation. 10.1 9.1 In consideration of the Restricted StockOption, the Grantee Participant agrees and covenants not to, without the explicit written permission of the Company’s General Counsel: (a) contribute his or her knowledge, directly or indirectly, in whole or in part, as an employee, officer, owner, manager, advisor, consultant, agent, partner, director, shareholder, volunteer, intern or in any other similar capacity to an entity engaged in the same or similar business as the Company and its Affiliates, including those engaged in the business of financial services for a period of one year 12 months following the GranteeParticipant’s termination of Continuous ServiceEmployment; (b) directly or indirectly, solicit, hire, recruit, attempt to solicit, hire or recruit, or otherwise induce the termination of employment of any employee of the Company or its Affiliates for two years 12 months following the GranteeParticipant’s termination of Continuous ServiceEmployment; or (c) directly or indirectly, solicit, contact (including, but not limited to, e-mail, regular mail, express mail, telephone, fax, and instant message), attempt to contact or meet with the current, former or prospective current customers of the Company or any of its Affiliates for purposes of offering offering, or accepting goods or services similar to or competitive with those currently offered by the Company or any of its Affiliates for a period of one year 12 months following the GranteeParticipant’s termination of Continuous ServiceEmployment. 10.2 If 9.2 In the Grantee breaches event of a breach of any of the covenants set forth contained in Section 10.19.1: (a) all any unvested Restricted Stock portion of the Option shall be immediately forfeitedforfeited effective as of the date of such breach, unless sooner terminated by operation of another term or condition of this Agreement or the Plan; and (b) the Grantee Participant hereby consents and agrees that the Company shall be entitled to seek, in addition to other available remediesto, a temporary restraining order and preliminary or permanent injunction or other equitable relief against such breach or threatened breach from any court of competent jurisdiction, without the necessity of showing any actual damages or that money damages would not afford an adequate remedy, and without the necessity of posting any bond or other security. The aforementioned equitable relief shall be in addition to, not in lieu of, legal remedies, monetary damages or other available forms of relief.