Common use of Non-Competition; Nonsolicitation Clause in Contracts

Non-Competition; Nonsolicitation. (a) Executive covenants and agrees that during the Employment Period and for a period of twelve (12) months (the “Non-Compete Period”) after the termination of Executive’s employment for any reason, Executive shall not, without the written consent of the Company, directly or indirectly, either individually or as an employee, agent, partner, shareholder, director, consultant, advisor, employer, lender of money, guarantor, or in any other capacity, participate in, engage in or have a financial interest or management position or other interest in any business, firm, corporation, or other entity that at any time during or following the Employment Period competes directly against the Company by engaging in the business of manufacturing, inventing, marketing, developing, selling or distributing non-metallic fabricated or molded products for the automotive or transportation industries, or any other markets which the Company may have entered, nor will Executive solicit any other person to engage in any of the foregoing activities (the foregoing is referred to herein as the “Non-Compete Covenant”). Participation in the management of any business operation other than in connection with the management of a business operation that is in competition with the Company or its subsidiaries or affiliates or any successor or assign thereof shall not be deemed to be a breach of the Non-Compete Covenant. The foregoing provisions of this Section shall not prohibit the passive ownership by Executive of less than two percent (2%) of any class of the capital stock of any public corporation. (b) During the Employment Period and the Non-Compete Period, Executive shall not directly or indirectly through another entity (i) induce or attempt to induce any employee of the Company or any affiliate of the Company to leave the employ of the Company or such affiliate, or in any way interfere with the relationship between the Company or any affiliate of the Company and any employee thereof, or (ii) induce or attempt to induce any customer, supplier, licensee, or other business relation of the Company or any affiliate of the Company to cease doing business with the Company or such affiliate, or in any way interfere with the relationship between any such customer, supplier, licensee, or business relation and the Company or any affiliate of the Company. (c) Executive agrees that: (i) the covenants set forth in this Section 8 are reasonable in geographical and temporal scope and in all other respects and that Executive has reviewed the provisions of this agreement with legal counsel, (ii) the Company would not have entered into this agreement but for the covenants of Executive, contained herein, and (iii) the covenants contained herein have been made in order to induce the Company to enter into this agreement. (d) The Company and Executive intend that the covenants of this Section 8 shall be deemed to be a series of separate covenants, one for each month of the Non-Compete Period. (e) If, at the time of enforcement of this Section 8, a court shall hold that the duration or scope stated herein are unreasonable under circumstances then existing, the parties agree that the maximum duration or scope under such circumstances shall be substituted for the stated duration or scope and that the court shall be allowed to revise the restrictions contained herein to cover the maximum period and scope permitted by law. (f) Notwithstanding anything herein to the contrary, the provisions of this Section 8 shall survive the termination of this Agreement.

Non-Competition; Nonsolicitation. (a) Executive covenants and agrees that during the Employment Period and for a period of twelve (12) months (the “Non-Compete Period”) after the termination of Executive’s employment for any reason, Executive shall not, without the written consent of the Company, directly or indirectly, either individually or as an employee, agent, partner, shareholder, director, consultant, advisor, employer, lender of money, guarantor, or in any other capacity, participate in, engage in or have a financial interest or management position or other interest in any business, firm, corporation, or other entity that at any time during or following the Employment Period competes directly against the Company by engaging in the business of manufacturing, inventing, marketing, developing, selling or distributing non-metallic fabricated or molded products for the automotive or transportation industries, or any other markets which the Company may have entered, nor will Executive solicit any other person to engage in any of the foregoing activities (the foregoing is referred to herein as the “Non-Compete Covenant”). Participation in the management of any business operation other than in connection with the management of a business operation that is in competition with the Company or its subsidiaries or affiliates or any successor or assign thereof shall not be deemed to be a breach of the Non-Compete Covenant. The foregoing provisions of this Section shall not prohibit the passive ownership by Executive of less than two percent (2%) of any class of the capital stock of any public corporation. (b) During the Employment Period and the Non-Compete Period, Executive shall not directly or indirectly through another entity (i) induce or attempt to induce any employee of the Company or any affiliate of the Company to leave the employ of the Company or such affiliate, or in any way interfere with the relationship between the Company or any affiliate of the Company and any employee thereof, or (ii) induce or attempt to induce any customer, supplier, licensee, or other business relation of the Company or any affiliate of the Company to cease doing business with the Company or such affiliate, or in any way interfere with the relationship between any such customer, supplier, licensee, or business relation and the Company or any affiliate of the Company. (c) Executive agrees that: (i) the covenants set forth in this Section 8 are reasonable in geographical and temporal scope and in all other respects and that Executive has reviewed the provisions of this agreement with legal counsel, (ii) the Company would not have entered into this agreement but for the covenants of Executive, Executive contained herein, and (iii) the covenants contained herein have been made in order to induce the Company to enter into this agreement. (d) The Company and Executive intend that the covenants of this Section 8 shall be deemed to be a series of separate covenants, one for each month of the Non-Compete Period, and agree that the Non-Compete Period shall be extended by any period during which Executive shall be in breach of the Non-Compete Covenant. (e) If, at the time of enforcement of this tins Section 8, a court shall hold that the duration or scope stated herein are unreasonable under circumstances then existing, the parties agree that the maximum duration or scope under such circumstances shall be substituted for the stated duration or scope and that the court shall be allowed to revise the restrictions contained herein to cover the maximum period and scope permitted by law. (f) Notwithstanding anything herein to the contrary, the provisions of this Section 8 shall survive the termination of this Agreement.

Non-Competition; Nonsolicitation. (a) Executive covenants recognizes and acknowledges that the services to be performed by him hereunder are special, unique and extraordinary and Executive further acknowledges and recognizes the highly competitive nature of the business of the Company. Accordingly, Executive agrees that during the Employment Period Term and for a period of twelve (12) months following termination of employment (the “Non-Compete "Restrictive Period”) after the termination of Executive’s employment for any reason"), Executive shall will not, without the written consent of the Company, directly or indirectly, either individually or as an officer, director, stockholder, partner, member, associate, employee, consultant, owner, agent, partnercreditor, shareholderco-venturer or otherwise, directorbecome or be financially interested in or be associated with any other person or entity, consultant, advisor, employer, lender of money, guarantor, or in any other capacity, participate in, engage in or have a financial interest or management position or other interest in any business, firm, corporation, or other entity that at any time during or following the Employment Period competes directly against the Company by engaging state in the business of manufacturing, inventing, marketing, developing, selling or distributing non-metallic fabricated or molded products for the automotive or transportation industries, or any other markets United States in which the Company may have enteredhas operations at the date of his termination of employment, nor will Executive solicit in a "Competitive Business" with that of the Company at such time. For purposes of the Agreement, a Competitive Business shall mean any business which derives 25% or more of its revenue directly or indirectly from skiing and other person to engage winter resorts, winter- associated real estate development and related activities which involve skiing and winter resorts as its primary business, but excluding SR Property, SB River Realty LLC and Sugar Xxxx Land Holdings, Inc. as provided in Section 2(b) hereof. Executive's ownership of shares in the Company and the ownership, directly or indirectly, of not more than five percent (5%) of the issued and outstanding stock of any corporation, the shares of which are regularly traded on a national securities exchange or in the over-the-counter market, shall not in any of the foregoing activities (the foregoing is referred to herein as the “Non-Compete Covenant”). Participation in the management of any business operation other than in connection with the management of a business operation that is in competition with the Company or its subsidiaries or affiliates or any successor or assign thereof shall not event be deemed to be a breach violation of the Non-Compete Covenant. The foregoing provisions of this Section shall not prohibit the passive ownership by Executive of less than two percent (2%) of any class of the capital stock of any public corporation. (b) 8. During the Employment Period and the Non-Compete Restricted Period, Executive shall not directly or indirectly through another entity (i) induce directly or attempt to induce indirectly, (A) solicit or encourage any employee of the Company or any affiliate of the Company to leave the employ employment of the Company, or (B) hire any such employee who has left the employment of the Company or (other than as a result of the termination of such affiliate, or in any way interfere employment by the Company) within one (1) year after the termination of such employee's employment with the relationship between the Company or any affiliate of the Company Company, and any employee thereof, or (ii) induce directly or attempt to induce any customerindirectly, supplier, licensee, solicit or other business relation of the Company or any affiliate of the Company encourage to cease doing business to work with the Company or such affiliate, or in any way interfere consultant then under contract with the relationship between any such customer, supplier, licensee, or business relation and the Company or any affiliate of the Company. (c) Executive agrees that: (i) the covenants set forth in this Section 8 are reasonable in geographical and temporal scope and in all other respects and that Executive has reviewed the provisions of this agreement with legal counsel, (ii) the Company would not have entered into this agreement but for the covenants of Executive, contained herein, and (iii) the covenants contained herein have been made in order to induce the Company to enter into this agreement. (d) The Company and Executive intend that the covenants of this Section 8 shall be deemed to be a series of separate covenants, one for each month of the Non-Compete Period. (e) If, at the time of enforcement of this Section 8, a court shall hold that the duration or scope stated herein are unreasonable under circumstances then existing, the parties agree that the maximum duration or scope under such circumstances shall be substituted for the stated duration or scope and that the court shall be allowed to revise the restrictions contained herein to cover the maximum period and scope permitted by law. (f) Notwithstanding anything herein to the contrary, the provisions of this Section 8 shall survive the termination of this Agreement.