Common use of Non-Competition Restriction Clause in Contracts

Non-Competition Restriction. Executive hereby agrees that in order to protect Trade Secrets, it is necessary to enter into the following restrictive covenant which is ancillary to the enforceable promises between the Company and Executive in Sections 5 through 9 and other provisions of this Agreement. Only if there is a Severance Payment Event that results from Executive's voluntary termination of employment for Good Reason, Executive hereby covenants and agrees that during the Employment Period, and for a period of one (1) year following the Employment Termination Date due to such Severance Payment Event, Executive will not, without the prior written consent of the Board or the Compensation Committee, become interested in any capacity in which Executive would perform any similar duties to those performed while at the Company, directly or indirectly (whether as proprietor, stockholder, director, partner, employee, agent, independent contractor, consultant, trustee, or in any other capacity), with respect to any property, drilling program, oil or gas leasehold, project or field, in which the Company or any Subsidiary participates, or has any investment or other business interest in, within the Restricted Territory or within five (5) miles of the boundary of any existing Company leasehold in the United States in which the Company or Subsidiary has conducted business at any time within the two-year period immediately preceding the Severance Payment Event within a two-year period from such date (a "Competing Enterprise"); provided, however, Executive shall not be deemed to be participating or engaging in a Competing Enterprise solely by virtue of his ownership of not more than one percent (1%) of any class of stock or other securities of the Competing Enterprise which are publicly traded on a national securities exchange or in a recognized over the counter market.

Non-Competition Restriction. Executive hereby agrees that in order to protect Trade Secrets, it is necessary to enter into the following restrictive covenant covenant, which is ancillary to the enforceable promises between the Company and Executive in Sections 5 11 through 9 15 and other provisions of this Agreement. Only if there is a Severance Payment Event that results from Executive's voluntary termination of employment for Good Reason, Executive hereby covenants and agrees that during the Employment Period, and for a period of one (1) year following the Employment Termination Date due to such Severance Payment Event(regardless of the reason for termination except an involuntary termination of Executive by the Company without Cause (as defined in Section 6(e)), Executive will not, without the prior written consent of the Board or the Compensation Committee, become interested in any capacity in which Executive would perform any similar duties to those performed while at the Company, directly or indirectly (whether as proprietor, stockholder, director, partner, employee, agent, independent contractor, consultant, trustee, or in any other capacity), with respect to any property, drilling program, oil or gas leasehold, project or field, in which the Company or any Subsidiary participates, or has any investment or other business interest in, within the Restricted Territory or within five (5) miles of the boundary of any existing Company leasehold in the United States in which the Company or Subsidiary has conducted business at any time within the two-year period immediately preceding the Severance Payment Event Termination Date within a two-year period from such date (a "Competing Enterprise"); provided, however, Executive shall not be deemed to be participating or engaging in a Competing Enterprise solely by virtue of his ownership of not more than one percent (1%) of any class of stock or other securities of the Competing Enterprise which are publicly traded on a national securities exchange or in a recognized over the over-the-counter market.

Non-Competition Restriction. Executive hereby agrees that in order to protect Trade Secrets, it is necessary to enter into the following restrictive covenant which is ancillary to the enforceable promises between the Company and Executive in Sections 5 through 9 and other provisions of this Agreement. Only if there is a Severance Payment Event that results from Executive's voluntary termination of employment for Good Reason, Executive hereby covenants and agrees that during the Employment Period, and for a period of one (1) year following the Employment Termination Date due to such Severance Payment Event, Executive will not, without the prior written consent of the Board or the Compensation Committee, become interested in any capacity in which Executive would perform any similar duties to those performed while at the Company, directly or indirectly (whether as proprietor, stockholder, director, partner, employee, agent, independent contractor, consultant, trustee, or in any other capacity), with respect to any property, drilling program, oil or gas leasehold, project or field, in which the Company or any Subsidiary participates, or has any investment or other business interest in, within the Restricted Territory or within five (5) miles of the boundary of any existing Company leasehold in the United States in which the Company or Subsidiary has conducted business at any time within the two-year period immediately preceding the Severance Payment Event within a two-year period from such date (a "Competing Enterprise"); provided, however, Executive shall not be deemed to be participating or engaging in a Competing Enterprise solely by virtue of his ownership of not more than one percent (1%) of any class of stock or other securities of the Competing Enterprise which are publicly traded on a national securities exchange or in a recognized over the over-the-counter market.

Non-Competition Restriction. Executive Employee hereby agrees that in order to protect Trade Secrets, it is necessary to enter into the following restrictive covenant covenant, which is ancillary to the enforceable promises between the Company and Executive Employee in Sections 5 11 through 9 15 and other provisions of this Agreement. Only if there is a Severance Payment Event that results from Executive's voluntary termination of employment for Good Reason, Executive Employee hereby covenants and agrees that during the Employment Period, and for a period of one (1) year following the Employment Termination Date due to such Severance Payment Event(regardless of the reason for termination except an involuntary termination of Employee by the Company without Cause (as defined in Section 6(e)), Executive Employee will not, without the prior written consent of the Board or the Compensation Committee, become interested in any capacity in which Executive Employee would perform any similar duties to those performed while at the Company, directly or indirectly (whether as proprietor, stockholder, director, partner, employee, agent, independent contractor, consultant, trustee, or in any other capacity), with respect to any property, drilling program, oil or gas leasehold, project or field, in which the Company or any Subsidiary participates, or has any investment or other business interest in, within the Restricted Territory or within five (5) miles of the boundary of any existing Company leasehold in the United States in which the Company or Subsidiary has conducted business at any time within the two-year period immediately preceding the Severance Payment Event within a two-year period from such date Termination Date (a "“Competing Enterprise"”); provided, however, Executive Employee shall not be deemed to be participating or engaging in a Competing Enterprise solely by virtue of his ownership of not more than one percent (1%) of any class of stock or other securities of the Competing Enterprise which are publicly traded on a national securities exchange or in a recognized over the over-the-counter market.

Non-Competition Restriction. Executive hereby agrees that in order to protect Trade Secretsthe Company's Secret and Confidential Information, it is necessary to enter into the following restrictive covenant covenant, which is ancillary to the enforceable promises between the Company and Executive in Sections 5 11 through 9 and other provisions 15 of this Agreement. Only if there is a Severance Payment Event that results from Executive's voluntary termination of employment for Good Reason, Executive hereby covenants and agrees that during for the Employment Period, and for a period of one two (12) year years following the Employment Termination Date due to such Severance Payment Eventfor any reason other than (a) by the Executive for Good Reason or (b) by the Company other than for Cause, Executive will not, without the prior written consent of the Board or the Compensation Committee, become interested in any capacity in which Executive would perform any similar duties to those performed while at the Company, directly or indirectly (whether as proprietor, stockholder, director, partner, employee, agent, independent contractor, consultant, trustee, beneficiary, or in any other capacity), with respect to for any property, drilling program, oil or gas leasehold, project or field, in which customer of the Company or any Subsidiary participatesAffiliate, or has any investment or other business interest in, within the Restricted Territory or within five (5) miles of the boundary on behalf of any existing entity that is engaged in the business of operating oil and gas pulling units or workover rigs, or of completing, servicing, maintaining, or repairing oil and gas xxxxx, or removing, transporting, or disposing of liquid wastes produced therefrom in competition with the Company leasehold or any of its Affiliates in any county in the United States in which the Company or Subsidiary has any of its Affiliates have conducted business at any time within during the two-year period immediately preceding the Severance Payment Event within a two-year period from such date Employment Period (a "Competing Enterprise"); provided, however, that the Executive shall not be deemed to be participating or engaging in a Competing Enterprise solely by virtue of his ownership of not more than one five percent (15%) of any class of stock or other securities of the Competing Enterprise which are publicly traded on a national securities exchange or in a recognized over the over-the-counter market.

Non-Competition Restriction. Executive Employee hereby agrees that in order to protect Trade Secrets, it is necessary to enter into the following restrictive covenant which is ancillary to the enforceable promises between the Company and Executive Employee in Sections 5 through 9 and other provisions of this Agreement. Only if there is a Severance Payment Event that results from Executive's Employee’s voluntary termination of employment for Good Reason, Executive Employee hereby covenants and agrees that during the Employment Period, and for a period of one (1) year following the Employment Termination Date due to such Severance Payment Event, Executive Employee will not, without the prior written consent of the Board or the Compensation Committee, become interested in any capacity in which Executive Employee would perform any similar duties to those performed while at the Company, directly or indirectly (whether as proprietor, stockholder, director, partner, employee, agent, independent contractor, consultant, trustee, or in any other capacity), with respect to any property, drilling program, oil or gas leasehold, project or field, in which the Company or any Subsidiary participates, or has any investment or other business interest in, within the Restricted Territory or within five (5) miles of the boundary of any existing Company leasehold in the United States in which the Company or Subsidiary has conducted business at any time within the two-year period immediately preceding the Severance Payment Event within a two-year period from such date (a "“Competing Enterprise"”); provided, however, Executive Employee shall not be deemed to be participating or engaging in a Competing Enterprise solely by virtue of his ownership of not more than one percent (1%) of any class of stock or other securities of the Competing Enterprise which are publicly traded on a national securities exchange or in a recognized over the counter market.

Non-Competition Restriction. Executive hereby agrees that in order to protect Trade Secrets, it is necessary to enter into the following restrictive covenant covenant, which is ancillary to the enforceable promises between the Company and Executive in Sections 5 11 through 9 15 and other provisions of this Agreement. Only if there is a Severance Payment Event that results from Executive's voluntary termination of employment for Good Reason, Executive hereby covenants and agrees that during the Employment Period, and for a period of one (1) year following the Employment Termination Date due to such Severance Payment Event(regardless of the reason for termination except an involuntary termination of Executive by the Company without Cause (as defined in Section 6(e)), Executive will not, without the prior written consent of the Board or the Compensation Committee, become interested in any capacity in which Executive would perform any similar duties to those performed while at the Company, directly or indirectly (whether as proprietor, stockholder, director, partner, employee, agent, independent contractor, consultant, trustee, or in any other capacity), with respect to any property, drilling program, oil or gas leasehold, project or field, in which the Company or any Subsidiary participates, or has any investment or other business interest in, within the Restricted Territory or within five (5) miles of the boundary of any existing Company leasehold in the United States in which the Company or Subsidiary has conducted business at any time within the two-year period immediately preceding the Severance Payment Event Termination Date within a two-year period from such date (a "Competing Enterprise"); provided, however, Executive shall not be deemed to be participating or engaging in a Competing Enterprise solely by virtue of his ownership of not more than one percent (1%) of any class of stock or other securities of the Competing Enterprise which are publicly traded on a national securities exchange or in a recognized over the counter market.

Non-Competition Restriction. Executive hereby agrees that in order to protect Trade Secrets, it is necessary to enter into the following restrictive covenant which is ancillary to the enforceable promises between the Company and Executive in Sections 5 through 9 and other provisions of this Agreement. Only if there is a Severance Payment Event that results from Executive's voluntary termination of employment for Good Reason, Executive hereby covenants and agrees that during the Employment Period, and for a period of one (1) year following the Employment Termination Date due to such Severance Payment Event, Executive will not, without the prior written consent of the Board or the Compensation Committee, become interested in any capacity in which Executive would perform any similar duties to those performed while at the Company, directly or indirectly (whether as proprietor, stockholder, director, partner, employee, agent, independent contractor, consultant, trustee, or in any other capacity), with respect to any property, drilling program, oil or gas leasehold, project or field, in which the Company or any Subsidiary participates, or has any investment or other business interest in, within the Restricted Territory or within five (5) miles of the boundary of any existing Company leasehold in the United States in which the Company or Subsidiary has conducted business at any time within the two-year period immediately preceding the Severance Payment Event within a two-year period from such date (a "Competing Enterprise"); provided, however, Executive shall not be deemed to be participating or engaging in a Competing Enterprise solely by virtue of his ownership of not more than one percent (1%) of any class of stock or other securities of the Competing Enterprise which are publicly traded on a national securities exchange or in a recognized over the counter market.