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

Non-Competition, Confidentiality and Non-Solicitation. (a) Upon Executive's receipt of a payment pursuant to Paragraph 5 hereof, Executive shall not, prior to attaining age 65, or within three (3) years after the Effective Date, become an officer, director or employee of, consultant to or majority shareholder in any entity that competes with Company, its subsidiaries or its successor or successors within a 150 mile radius of Evansville, Indiana. (b) In recognition that Executive's work for the Company has given him and will continue to give him access to trade secrets of and confidential information concerning Company and SIGCORP, Executive shall not, during his employment, disclose, or after termination thereof, use or disclose to any other person any confidential information related to the business of Company or any affiliate, including without limitation, trade secrets, processes, know-how, technical data, training manuals, list of customers, prospects or suppliers, or other business contacts, and Executive confirms that such information is the exclusive property of Company. Upon termination of his employment hereunder, Executive agrees to return to Company all property of Company and its affiliates, if any, of which he has possession as well as all notebooks, and other data relating to records, customers, investigations, or management studies or inventions made by him. In addition, any confidentiality agreements between Executive and Company (or any predecessor thereof) are incorporated by reference into this Agreement and shall continue to be given full force and effect. Notwithstanding anything to the contrary contained herein, Executive shall be under no obligation to maintain the confidentiality of any information which (i) is or becomes part of the public domain through no act or omission attributable to Executive; (ii) is required by law to be disclosed; provided, that, if required to be disclosed by law, Executive shall provide Company with prompt notice of such requirement so that Company may seek an appropriate protective order; (iii) is deemed by Company not to be confidential information; or (iv) Executive may receive from any third party who is unaffiliated with Company and who is not under an obligation to maintain the confidentiality of any such information. (c) Executive agrees that he shall not (i) during the course of his employment and (ii) for a period of three (3) years after the Effective Date, either voluntarily or involuntarily, for any reason whatsoever, directly or indirectly, individually or on behalf of persons not now parties to this Agreement, solicit or endeavor to solicit any other employee, employees, consultant and/or consultants of Company or SIGCORP to leave employment with Company or SIGCORP in order to accept employment of any kind with any other person, firm, partnership, or corporation.

Non-Competition, Confidentiality and Non-Solicitation. (a) Upon Executive's receipt of a payment pursuant to Paragraph 5 hereof, Executive shall not, prior to attaining age 65, or within three (3) years after the Effective Date, become an officer, director or employee of, consultant to or majority shareholder in any entity that competes with Company, its subsidiaries or its successor or successors within a 150 mile radius of Evansville, Indiana. (b) In recognition that Executive's work for the Company has given him and will continue to give him access to trade secrets of and confidential information concerning Company and SIGCORP, Executive shall not, during his employment, disclose, or after termination thereof, use or disclose to any other person any confidential information related to the business of Company or any affiliate, including without limitation, trade secrets, processes, know-know- how, technical data, training manuals, list of customers, prospects or suppliers, or other business contacts, and Executive confirms that such information is the exclusive property of Company. Upon termination of his employment hereunder, Executive agrees to return to Company all property of Company and its affiliates, if any, of which he has possession as well as all notebooks, and other data relating to records, customers, investigations, or management studies or inventions made by him. In addition, any confidentiality agreements between Executive and Company (or any predecessor thereof) are incorporated by reference into this Agreement and shall continue to be given full force and effect. Notwithstanding anything to the contrary contained herein, Executive shall be under no obligation to maintain the confidentiality of any information which (i) is or becomes part of the public domain through no act or omission attributable to Executive; (ii) is required by law to be disclosed; provided, that, if required to be disclosed by law, Executive shall provide Company with prompt notice of such requirement so that Company may seek an appropriate protective order; (iii) is deemed by Company not to be confidential information; or (iv) Executive may receive from any third party who is unaffiliated with Company and who is not under an obligation to maintain the confidentiality of any such information. (c) Executive agrees that he shall not (i) during the course of his employment and (ii) for a period of three (3) years after the Effective Date, either voluntarily or involuntarily, for any reason whatsoever, directly or indirectly, individually or on behalf of persons not now parties to this Agreement, solicit or endeavor to solicit any other employee, employees, consultant and/or consultants of Company or SIGCORP to leave employment with Company or SIGCORP in order to accept employment of any kind with any other person, firm, partnership, or corporation.

Non-Competition, Confidentiality and Non-Solicitation. (a) Upon Executive's receipt of a payment pursuant to Paragraph 5 hereof, Executive (b) shall not, prior to attaining age 65, or within three (3) years after the Effective Date, become an officer, director or employee of, consultant to or majority shareholder in any entity that competes with Company, its subsidiaries or its successor or successors within a 150 mile radius of Evansville, Indiana. (b) In recognition that Executive's work for the Company has given him and will continue to give him access to trade secrets of and confidential information concerning Company and SIGCORP, Executive shall not, during his employment, disclose, or after termination thereof, use or disclose to any other person any confidential information related to the business of Company or any affiliate, including without limitation, trade secrets, processes, know-how, technical data, training manuals, list of customers, prospects or suppliers, or other business contacts, and Executive confirms that such information is the exclusive property of Company. Upon termination of his employment hereunder, Executive agrees to return to Company all property of Company and its affiliates, if any, of which he has possession as well as all notebooks, and other data relating to records, customers, investigations, or management studies or inventions made by him. In addition, any confidentiality agreements between Executive and Company (or any predecessor thereof) are incorporated by reference into this Agreement and shall continue to be given full force and effect. Notwithstanding anything to the contrary contained herein, Executive shall be under no obligation to maintain the confidentiality of any information which (i) is or becomes part of the public domain through no act or omission attributable to Executive; (ii) is required by law to be disclosed; provided, that, if required to be disclosed by law, Executive shall provide Company with prompt notice of such requirement so that Company may seek an appropriate protective order; (iii) is deemed by Company not to be confidential information; or (iv) Executive may receive from any third party who is unaffiliated with Company and who is not under an obligation to maintain the confidentiality of any such information. (c) Executive agrees that he shall not (i) during the course of his employment and (ii) for a period of three (3) years after the Effective Date, either voluntarily or involuntarily, for any reason whatsoever, directly or indirectly, individually or on behalf of persons not now parties to this Agreement, solicit or endeavor to solicit any other employee, employees, consultant and/or consultants of Company or SIGCORP to leave employment with Company or SIGCORP in order to accept employment of any kind with any other person, firm, partnership, or corporation.