Common use of NON-COMPETITION/NON-SOLICITATION PERIOD Clause in Contracts

NON-COMPETITION/NON-SOLICITATION PERIOD. The provisions of Paragraphs 14 and 15 shall, at the option of the Company in its sole discretion, continue to apply with respect to Employee for a period of up to six months following the date of termination, so long as the Company: (x) provides a written notice to Employee within 5 business days after Employee's termination that the Company wishes to exercise its right to require that Employee not compete and not solicit in accordance with Paragraphs 14 and 15 hereof; and (y) Company thereafter pays to Employee in periodic installments, without interest, in accordance with the regular salary payment practices of the Company an amount equal to (.1) the amount of Employee's annual Base Salary as in effect immediately prior to Employee's date of termination, multiplied by (.2) the number of months that the Company is requiring the non-competition and non-solicitation covenants to remain in place, divided by 12. The first such installment of Base Salary and target bonus shall be paid on or before the delivery of the notice described in the prior sentence of this Paragraph 7a(ii). The non-competition and non-solicitation provisions of this Agreement shall no longer apply to Employee if the Company fails to pay the amounts required under this Section 7a(ii) for an uninterrupted 10-day period and such failure is not cured with 5 days after written notice of such failure is delivered to the Company.

NON-COMPETITION/NON-SOLICITATION PERIOD. The provisions of Paragraphs 14 and 15 shall, at the option of the Company in its sole discretion, continue to apply with respect to Employee for a period of up to six months one year following the date of termination, so long as the Company: (x) provides a written notice to Employee within 5 business days after Employee's termination that the Company wishes to exercise its right to require that Employee not compete and not solicit in accordance with Paragraphs 14 and 15 hereof; and (y) Company thereafter pays to Employee in periodic installments, without interest, in accordance with the regular salary payment practices of the Company an amount equal to (.1) the amount of Employee's annual Base Salary as in effect immediately prior to Employee's date of termination, multiplied by (.2) the number of months that the Company is requiring the non-competition and non-solicitation covenants to remain in place, divided by 12. The first such installment of Base Salary and target bonus shall be paid on or before the delivery of the notice described in the prior sentence of this Paragraph 7a(ii). The non-competition and non-solicitation provisions of this Agreement shall no longer apply to Employee if the Company fails to pay the amounts required under this Section 7a(ii) for an uninterrupted 10-day period and such failure is not cured with 5 days after written notice of such failure is delivered to the Company.

NON-COMPETITION/NON-SOLICITATION PERIOD. The provisions of Paragraphs 14 and 15 shall, at the option of the Company in its sole discretion, continue to apply with respect to Employee for a period of up to six months following the date of termination, so long as the Company: (x) provides a written notice to Employee within 5 business days after Employee's ’s termination that the Company wishes to exercise its right to require that Employee not compete and not solicit in accordance with Paragraphs 14 and 15 hereof; and (y) Company thereafter pays to Employee in periodic installments, without interest, in accordance with the regular salary payment practices of the Company an amount equal to (.1) the amount of Employee's ’s annual Base Salary as in effect immediately prior to Employee's ’s date of termination, multiplied by (.2) the number of months that the Company is requiring the non-competition and non-solicitation covenants to remain in place, divided by 12. The first such installment of Base Salary and target bonus shall be paid on or before the delivery of the notice described in the prior sentence of this Paragraph 7a(ii). The non-competition and non-solicitation provisions of this Agreement shall no longer apply to Employee if the Company fails to pay the amounts required under this Section 7a(ii) for an uninterrupted 10-day period and such failure is not cured with 5 days after written notice of such failure is delivered to the Company.

NON-COMPETITION/NON-SOLICITATION PERIOD. The provisions of Paragraphs 13 and 14 and 15 shall, at the option of the Company in its sole discretion, continue to shall apply with respect to Employee for a period of up to six eighteen (18) months following the date of termination, so long as . In the Company: event Employee violates the provisions of Paragraphs 13 or 14 of this Agreement during the eighteen (x18) provides a month period following Employee’s date of termination and such violation is not cured within five (5) days after Employee receives written notice to Employee within 5 business days after Employee's termination that of such violation (a “Continued Violation”), the Company wishes shall cease to exercise its right pay Employee any compensation or benefits described in Paragraph 8(a) of this Agreement and Employee shall be required to require that Employee not compete repay, and not solicit in accordance with Paragraphs 14 and 15 hereof; and (y) Company thereafter pays to Employee in periodic installmentsshall promptly repay, without interest, in accordance with the regular salary payment practices of the Company an amount equal to (.1) the amount of Employee's annual Base Salary as in effect immediately prior to Employee's date of termination, multiplied by (.2) the number of months that any consideration Employee previously received from the Company is requiring the non-competition and non-solicitation covenants pursuant to remain in place, divided by 12. The first such installment of Base Salary and target bonus shall be paid on or before the delivery of the notice described in the prior sentence Paragraph 8(a) of this Paragraph 7a(ii)Agreement. The non-competition Paragraphs 13 and non-solicitation provisions 14 of this Agreement shall no longer apply to Employee if the Company fails to pay the amounts required under the provisions of Paragraph 8(a) of this Section 7a(ii) Agreement for an uninterrupted ten (10-) day period and such failure is not cured with 5 five (5) days after written notice of such failure is delivered to the Company (provided that, this sentence shall not apply if the Company’s nonpayment is due to a Continued Violation).

NON-COMPETITION/NON-SOLICITATION PERIOD. The provisions of Paragraphs 14 and 15 shallshall continue, at beyond the option of the Company time periods set forth in its sole discretionsuch paragraphs, continue to apply with respect to Employee for a period of up to six (6) months following the date of termination, so long as and at the Company: end of such six (x6) provides a month period, the Company shall have the right to extend the time period of non-competition and non-solicitation for an additional six (6) months by giving written notice to Employee within 5 business days after of such extension and paying to Employee an amount equal to one-half the amount of Employee's termination that annual Base Salary and one-half the Company wishes target bonus under the Management Bonus Program as in effect immediately prior to exercise its right his date of termination. At the election of the Company, the cash amount referred to require that Employee not compete and not solicit in accordance with Paragraphs 14 and 15 hereof; and (y) Company thereafter pays the prior sentence of this Paragraph 7b.vx. xxy be paid to Employee in periodic installments, without interest, installments in accordance with the regular salary payment practices of the Company an amount equal to (.1) Company, with the amount of Employee's annual Base Salary as in effect immediately prior to Employee's date of termination, multiplied by (.2) the number of months that the Company is requiring the non-competition and non-solicitation covenants to remain in place, divided by 12. The first such installment of Base Salary and target bonus shall to be paid on or before the delivery of the notice described in the prior first sentence of this Paragraph 7a(ii)7b.vx., xnd no interest shall be paid with respect to any amount paid in installments. The non-competition and non-solicitation provisions of this Agreement shall no longer apply to Employee if the Company fails to pay the amounts required under this Section 7a(ii) for an uninterrupted 10-day period and such failure is not cured with 5 days after written notice of such failure is delivered to the Company.provisions of

NON-COMPETITION/NON-SOLICITATION PERIOD. The provisions of Paragraphs 14 and 15 shallshall continue, at beyond the option of the Company time periods set forth in its sole discretionsuch paragraphs, continue to apply with respect to Employee for a period of up to six (6) months following the date of termination, so long as and at the Company: end of such six (x6) provides a month period, the Company shall have the right to extend the time period of non-competition and non-solicitation for an additional six (6) months by giving written notice to Employee within 5 business days after of such extension and paying to Employee an amount equal to one-half the amount of Employee's termination that annual Base Salary and one-half the Company wishes target bonus under the Management Bonus Program as in effect immediately prior to exercise its right his date of termination. At the election of the Company, the cash amount referred to require that Employee not compete and not solicit in accordance with Paragraphs 14 and 15 hereof; and (y) Company thereafter pays the prior sentence of this Paragraph 7b.vx. xxy be paid to Employee in periodic installments, without interest, installments in accordance with the regular salary payment practices of the Company an amount equal to (.1) Company, with the amount of Employee's annual Base Salary as in effect immediately prior to Employee's date of termination, multiplied by (.2) the number of months that the Company is requiring the non-competition and non-solicitation covenants to remain in place, divided by 12. The first such installment of Base Salary and target bonus shall to be paid on or before the delivery of the notice described in the prior first sentence of this Paragraph 7a(ii)7b.vx., xnd no interest shall be paid with respect to any amount paid in installments. The non-competition and non-solicitation provisions of this Agreement shall no longer apply to Employee if the Company fails to pay the amounts required under the provisions of Paragraph 7b.i. or the first two sentences of this Section 7a(ii) for Paragraph 7b.vx. xxr an uninterrupted 10-day period and such failure is not cured with within 5 days after written notice of such failure is delivered to the Company.