Common use of Non-Competition and Other Restrictive Covenants Clause in Contracts

Non-Competition and Other Restrictive Covenants. (a) During the remaining term that Employee is employed by the Company and any of its Affiliates and continuing through the date that is two (2) years after the date that Employee is no longer employed by the Company or any of its Affiliates (the “Restricted Period”), Employee shall be prohibited from directly or indirectly working (as an employee, consultant, advisor, director or otherwise) for, engaging in or acquiring or investing in any business engaged in (or actively considering engagement in) the following businesses within the Restricted Area: (a) wholesale and/or retail marketing, sale, distribution and transportation of refined petroleum products, crude oil, renewable fuels (including ethanol and biofuels), natural gas liquids (including ethane, butane, propane and condensates), natural gas, compressed natural gas and liquefied natural gas; (b) the storage of refined petroleum products and/or any of the other products identified in clause (a) of this paragraph in connection with any of the activities described in said clause (a); (c) the sale of convenience store items and sundries and related food service related to the retail sale of gasoline; and (d) bunkering (such business activities referenced in parts (a) through (d) are referred to as the “Restricted Business”). (b) During the Restricted Period, Employee also shall not directly or indirectly solicit any employees, contractors, vendors, suppliers or customers of the Company or its Affiliates to cease to be employed by or otherwise do business with the Company or its Affiliates, or to reduce the same, or to be employed or otherwise do business with any person or entity engaged in the Restricted Business. (c) As used herein, the “Restricted Area” consists of: (i) the United States and Canada; and (ii) any other geographic area where the Company conducts business during the period of Employee’s employment with the Company or its Affiliates and for which Employee has had material responsibilities during the course of Employee’s employment with the Company or its Affiliate, or about which such business Employee has obtained material Confidential Information during such employment.

Non-Competition and Other Restrictive Covenants. (a) During the remaining term that Employee is employed by the Company and any of its Affiliates and continuing through the date that is two (2year(s) years after the date that Employee is no longer employed by the Company or any of its Affiliates (the “Restricted Period”), Employee shall be prohibited from directly or indirectly working (as an employee, consultant, advisor, director or otherwise) for, engaging in or acquiring or investing in any business engaged in (or actively considering engagement in) the following businesses within the Restricted Area: (a) wholesale and/or retail marketing, sale, distribution and transportation of refined petroleum products, crude oil, renewable fuels (including ethanol and biofuels), natural gas liquids (including ethane, butane, propane and condensates), natural gas, compressed natural gas and liquefied natural gas; (b) the storage of refined petroleum products and/or any of the other products identified in clause (a) of this paragraph in connection with any of the activities described in said clause (a); (c) the sale of convenience store items and sundries and related food service related to the retail sale of gasoline; and (d) bunkering (such business activities referenced in parts (a) through (d) are referred to as the “Restricted Business”). (b) During the Restricted Period, Employee also shall not directly or indirectly solicit any employees, contractors, vendors, suppliers or customers of the Company or its Affiliates to cease to be employed by or otherwise do business with the Company or its Affiliates, or to reduce the same, or to be employed or otherwise do business with any person or entity engaged in the Restricted Business. (c) As used herein, the “Restricted Area” consists of: (i) the United States and Canada; and (ii) any other geographic area where the Company conducts business during the period of Employee’s employment with the Company or its Affiliates and for which Employee has had material responsibilities during the course of Employee’s employment with the Company or its AffiliateAffiliates, or about which such business Employee has obtained material Confidential Information during such employment.

Non-Competition and Other Restrictive Covenants. (a) During the remaining term that Employee is employed by the Company and or any of its Affiliates Affiliates, and continuing through the date that is two one (21) years year after the date that Employee is no ​ longer employed by the Company or any of its Affiliates (the “Restricted Period”), Employee shall be prohibited from directly or indirectly working indirectly: (as an employee, consultant, advisor, director or otherwisei) for, engaging in or acquiring or investing in managing any business engaged in (or actively considering engagement in) the following businesses within the Restricted Area: Area (adefined below): (A) wholesale and/or or retail marketing, sale, distribution and transportation of refined petroleum products, crude oil, renewable fuels (including ethanol and biofuels), and natural gas liquids (including ethane, butane, propane and condensates), natural gas, compressed natural gas and liquefied natural gas; (bB) the storage of refined petroleum products and/or any of the other products identified in clause (aA) of this paragraph in connection with any of the activities described in said clause (aA); (cC) the retail sale of convenience store items and sundries and related food service service, whether or not related to the retail sale of refined petroleum products including, without limitation, gasoline; (D) bunkering; and (dE) bunkering any other business in which the Company or its Affiliates (x) becomes engaged during the period Employee is employed by the Company or any of its Affiliates, or (y) is preparing to become engaged as of the time that Employee’s employment with the Company or any of its Affiliates ends and, with respect to parts (x) and (y) of this clause (E), Employee has participated in or obtained Confidential Information about such business or anticipated business (such business activities referenced in parts (aA) through (dE) are referred to as the “Restricted Business”). (b) During the Restricted Period, Employee also shall not directly ; or indirectly solicit any employees, contractors, vendors, suppliers or customers of the Company or its Affiliates to cease to be employed by or otherwise do business with the Company or its Affiliates, or to reduce the same, or to be employed or otherwise do business with any person or entity engaged in the Restricted Business. (c) As used herein, the “Restricted Area” consists of: (i) the United States and Canada; and (ii) within the Restricted Area, working (as an employee, consultant, advisor, director or otherwise) for or on behalf of a Restricted Business in any other geographic area where capacity, regardless of the Company conducts business during nature of the period commodities, in which Employee provides any of the types of services provided by Employee within the last two years of Employee’s employment with the Company or any of its Affiliates. (b) Notwithstanding the foregoing, the prohibitions set forth in Section 2(a) shall not apply following the date that Employee is no longer employed by the Company or any of its Affiliates and for which Employee if Employee’s termination of employment results from a termination by the Company (or its Affiliate, if applicable) without Cause or due to a Company layoff. As used herein, “Cause” has had material responsibilities during the course of meaning given to it in Employee’s employment agreement with the Company or its Affiliate, or about in the absence of such an agreement, Cause shall be defined to mean (i) Employee’s continual disregard of or failure to follow any written rules or policies of the Company or any of its Affiliates, (ii) Employee’s repeated failure or refusal to perform Employee’s duties to, or on behalf of, the Company or any of its Affiliates, (iii) Employee’s embezzlement, misappropriation of assets or property (tangible or intangible) of the Company or any of its Affiliates, (iv) Employee’s gross negligence, misconduct, neglect of duties, theft, fraud, or breach of fiduciary duty to the Company or any of its Affiliates, (v) Employee’s unauthorized disclosure of any trade secret or confidential information of the Company or any of its Affiliates or any other act of disloyalty to the Company or any of its Affiliates, (vi) the commission of an act which such business causes economic harm to the Company or any of its Affiliates, (vii) an act by Employee has obtained material Confidential Information during such employmentwhich creates adverse publicity for the Company or any of its Affiliates, (viii) Employee’s conviction of a felony, including a plea of guilty or no contest, or (ix) Employee’s breach of this Agreement.