Common use of Noncompete Agreement Clause in Contracts

Noncompete Agreement. (i) Section 7 of the Employment Agreement is hereby amended and restated in its entirety as follows: “This Agreement incorporates all the terms of the Noncompete Agreement executed by the Company and Employee, as set forth in Exhibit B hereto, as if fully set forth herein. The parties hereby acknowledge that any severance payments made under Section 5 of this Agreement in addition to any other payments made to Employee in connection with Employee’s execution of the Noncompete Agreement shall be consideration for Employee’s covenant not to compete with the Company.”