Common use of NONCOMPETITION AND NON-RECRUITMENT Clause in Contracts

NONCOMPETITION AND NON-RECRUITMENT. 9.01. FFF and Executive recognize and agree that: (i) Executive has received, and will in the future receive, substantial amounts of highly confidential and proprietary information concerning FFF, its business, customers, employees and vendors; (ii) as a consequence of using or associating himself with FFF's name, goodwill, and reputation, Executive will develop personal and professional relationships with FFF's current and prospective customers, clients and vendors; and (iii) provision for non-competition and non-recruitment obligations by Executive is critical to FFF's continued economic well-being and protection of FFF's confidential and proprietary business information. In light of these considerations, this Article 9 sets forth the terms and conditions of Executive's obligations of non-competition and non-recruitment during the Term of and subsequent to the termination of this Agreement and/or Executive's employment for any reason. 9.02. Unless the obligation is waived or limited by FFF as set forth herein, Executive agrees that during the term of Executive's employment pursuant to this Agreement and for a period of twelve (12) months following termination of Executive's employment for any reason, Executive will not directly or indirectly: (a) solicit or do competitive business with any person or entity that is or was a customer or vendor of FFF within the twelve (12) months prior to the date of termination; or (b) engage within the North American markets in which FFF engages in business at the time of termination, in any similar or related business activity in competition with FFF's direct line of business as conducted at the time of Executive's termination. Among all other competitive actions that are likewise restricted, Executive shall not cause or attempt to cause any existing or prospective customer, client or account who then has a relationship with FFF for current or prospective business to divert, terminate, limit or in any adverse manner modify, or fail to enter into any actual or potential business with FFF. 9.03. At its sole option, FFF may, by express written notice to Executive, waive or limit the time and/or geographic area in which Executive cannot engage in competitive activity or the scope of such competitive activity. 9.04. For a period of twelve (12) months following termination of Executive's employment for any reason, Executive will not initiate or participate in any other employer's recruitment or hiring of any of FFF's employees. 9.05. Executive agrees that breach by him of the provisions of this Article 9 will cause FFF irreparable harm that is not fully remedied by monetary damages. In the event of a breach or threatened breach by Executive of the provisions of this Article 9, FFF shall be entitled to an injunction restraining Executive from directly or indirectly competing or recruiting as prohibited herein, without posting a bond or other security. Nothing herein shall be construed as prohibiting FFF from pursuing any other equitable or legal remedies available to it for such breach or threatened breach, including the recovery of damages from Executive. Executive agrees that FFF shall be entitled to recover its costs of litigation, expenses and attorney fees incurred in enforcing this Agreement. 9.06. The Executive understands and agrees that any violation of this Article 9 while employed by FFF may result in immediate disciplinary action by FFF, including termination of employment pursuant to Section 6.03 hereof. 9.07. FFF recognizes that Executive currently owns and operates a Champps restaurant in New Brighton, Minnesota. Executive's continuance of the normal ongoing operation of Executive's Champps restaurant in New Brighton, Minnesota shall not be considered a breach of this agreement. This exception applies only to the currently existing and operating Champps restaurant owned by Executive and does not apply to any other restaurants or microbreweries, including any future expansions under the Champps restaurant name or additional enterprises with which Executive becomes associated. Furthermore, this exception shall not allow Executive to solicit or recruit any employees of FFF for Executive's currently existing Champps restaurant. 9.08. The obligations contained in this Article 9 shall survive the termination of this Agreement indefinitely.

NONCOMPETITION AND NON-RECRUITMENT. 9.01. FFF 9.01 The Company and Executive recognize and agree that: (i) Executive has received, and will in the future receive, substantial amounts of highly confidential and proprietary information concerning FFFthe Company, its business, customers, employees Executives and vendors; (ii) as a consequence of using or associating himself with FFF's the Company’s name, goodwill, and reputation, Executive will develop personal and professional relationships with FFF's the Company’s current and prospective customers, clients and vendors; and (iii) provision for non-competition and non-recruitment obligations by Executive is critical to FFF's the Company’s continued economic well-being and protection of FFF's the Company’s confidential and proprietary business information. In light of these considerations, this Article 9 sets forth the terms and conditions of Executive's ’s obligations of non-competition and non-recruitment during the Term of and subsequent to the termination of this Agreement and/or Executive's ’s employment for any reason. 9.02. 9.02 Unless the obligation is waived or limited by FFF the Company as set forth herein, Executive agrees that during the term of Executive's ’s employment pursuant to this Agreement and for a period of twelve (12) months following termination of Executive's ’s employment for any reason, Executive will not directly or indirectly: (a) solicit or do competitive business with any person or entity that is or was a customer or vendor of FFF the Company within the twelve (12) months prior to the date of termination; or (b) engage within the North American markets in which FFF the Company engages in business at the time of termination, in any similar or related business activity in competition with FFF's the Company’s direct line of business as conducted at the time of Executive's ’s termination. Among all other competitive actions that are likewise restricted, Executive shall not cause or attempt to cause any existing or prospective customer, client or account who then has a relationship with FFF the Company for current or prospective business to divert, terminate, limit or in any adverse manner modify, or fail to enter into any actual or potential business with FFFthe Company. 9.03. 9.03 At its sole option, FFF the Company may, by express written notice to Executive, waive or limit the time and/or geographic area in which Executive cannot engage in competitive activity or the scope of such competitive activity. 9.04. 9.04 For a period of twelve (12) months following termination of Executive's ’s employment for any reason, Executive will not initiate or participate in any other employer's ’s recruitment or hiring of any of FFF's employeesthe Company’s Executives. 9.05. 9.05 Executive agrees that breach by him of the provisions of this Article 9 will cause FFF the Company irreparable harm that is not fully remedied by monetary damages. In the event of a breach or threatened breach by Executive of the provisions of this Article 9, FFF the Company shall be entitled to an injunction restraining Executive from directly or indirectly competing or recruiting as prohibited herein, without posting a bond or other security. Nothing herein shall be construed as prohibiting FFF the Company from pursuing any other equitable or legal remedies available to it for such breach or threatened breach, including the recovery of damages from Executive. Executive agrees that FFF the Company shall be entitled to recover its costs of litigation, expenses and attorney fees incurred in enforcing this Agreement. 9.06. 9.06 The Executive understands and agrees that any violation of this Article 9 while employed by FFF the Company may result in immediate disciplinary action by FFFthe Company, including termination of employment pursuant to Section 6.03 hereof. 9.07. FFF 9.07 The Company recognizes that Executive currently owns and operates a Champps restaurant in New Brighton, Minnesota. Executive's ’s continuance of the normal ongoing operation of Executive's ’s Champps restaurant in New Brighton, Minnesota shall not be considered a breach of this agreement. This exception applies only to the currently existing and operating Champps restaurant owned by Executive and does not apply to any other restaurants or microbreweries, including any future expansions under the Champps restaurant name or additional enterprises with which Executive becomes associated. Furthermore, this exception shall not allow Executive to solicit or recruit any employees Executives of FFF the Company for Executive's ’s currently existing Champps restaurant. 9.08. 9.08 The obligations contained in this Article 9 shall survive the termination of this Agreement indefinitely.

NONCOMPETITION AND NON-RECRUITMENT. 9.01. FFF 9.01 The Company and Executive recognize and agree that: (i) Executive has received, and will in the future receive, substantial amounts of highly confidential and proprietary information concerning FFFthe Company, its business, customers, employees executives and vendors; (ii) as a consequence of using or associating himself with FFF's the Company’s name, goodwill, and reputation, Executive will develop personal and professional relationships with FFF's the Company’s current and prospective customers, clients and vendors; and (iii) provision for non-competition and non-recruitment obligations by Executive is critical to FFF's the Company’s continued economic well-being and protection of FFF's the Company’s confidential and proprietary business information. In light of these considerations, this Article 9 sets forth the terms and conditions of Executive's ’s obligations of non-competition and non-recruitment during the Term term of and subsequent to the termination of this Agreement and/or Executive's ’s employment for any reason. 9.02. 9.02 Unless the obligation is waived or limited by FFF the Company as set forth herein, Executive agrees that during the term of Executive's ’s employment pursuant to this Agreement and for a period of twelve (12) months following termination of Executive's ’s employment for any reason, Executive will not directly or indirectly: (a) solicit or do competitive business with any person or entity that is or was a customer or vendor of FFF the Company within the twelve (12) months prior to the date of termination; or (b) engage within the North American markets in which FFF the Company engages in business at the time of termination, in any similar or related business activity in competition with FFF's the Company’s direct line of business as conducted at the time of Executive's ’s termination. Among all other competitive actions that are likewise restricted, Executive shall not cause or attempt to cause any existing or prospective customer, client or account who then has a relationship with FFF the Company for current or prospective business to divert, terminate, limit or in any adverse manner modify, or fail to enter into any actual or potential business with FFFthe Company. 9.03. 9.03 At its sole option, FFF the Company may, by express written notice to Executive, waive or limit the time and/or geographic area in which Executive cannot engage in competitive activity or the scope of such competitive activity. 9.04. 9.04 For a period of twelve (12) months following termination of Executive's ’s employment for any reason, Executive will not initiate or participate in any other employer's ’s recruitment or hiring of any of FFF's employeesthe Company’s executives. 9.05. 9.05 Executive agrees that breach by him of the provisions of this Article 9 will cause FFF the Company irreparable harm that is not fully remedied by monetary damages. In the event of a breach or threatened breach by Executive of the provisions of this Article 9, FFF the Company shall be entitled to an injunction restraining Executive from directly or indirectly competing or recruiting as prohibited herein, without posting a bond or other security. Nothing herein shall be construed as prohibiting FFF the Company from pursuing any other equitable or legal remedies available to it for such breach or threatened breach, including the recovery of damages from Executive. Executive agrees that FFF the Company shall be entitled to recover its costs of litigation, expenses and attorney fees incurred in enforcing this Agreement. 9.06. The 9.06 Executive understands and agrees that any violation of this Article 9 while employed by FFF the Company may result in immediate disciplinary action by FFFthe Company, including termination of employment pursuant to Section 6.03 hereof. 9.07. FFF recognizes that Executive currently owns and operates a Champps restaurant in New Brighton, Minnesota. Executive's continuance of the normal ongoing operation of Executive's Champps restaurant in New Brighton, Minnesota shall not be considered a breach of this agreement. This exception applies only to the currently existing and operating Champps restaurant owned by Executive and does not apply to any other restaurants or microbreweries, including any future expansions under the Champps restaurant name or additional enterprises with which Executive becomes associated. Furthermore, this exception shall not allow Executive to solicit or recruit any employees of FFF for Executive's currently existing Champps restaurant. 9.08. 9.07 The obligations contained in this Article 9 shall survive the termination of this Agreement indefinitely.

NONCOMPETITION AND NON-RECRUITMENT. 9.01. FFF and Executive recognize and agree that: (i) Executive has received, and will in the future receive, substantial amounts of highly confidential and proprietary information concerning FFF, its business, customers, employees and vendors; (ii) as a consequence of using or associating himself with FFF's name, goodwill, and reputation, Executive will develop personal and professional relationships with FFF's current and prospective customers, clients and vendors; and (iii) provision for non-competition and non-recruitment obligations by Executive is critical to FFF's continued economic well-being and protection of FFF's confidential and proprietary business information. In light of these considerations, this Article 9 sets forth the terms and conditions of Executive's obligations of non-competition and non-recruitment during the Term of and subsequent to the termination of this Agreement and/or Executive's employment for any reason. 9.02. Unless the obligation is waived or limited by FFF as set forth herein, Executive agrees that during the term of Executive's employment pursuant to this Agreement and for a period of twelve (12) months following termination of Executive's employment for any reason, Executive will not directly or indirectly: (a) solicit or do competitive business with any person or entity that is or was a customer or vendor of FFF within the twelve (12) months prior to the date of termination; or (b) engage within the North American markets in which FFF engages in business at the time of termination, in any similar or related business activity in competition with FFF's direct line of business as conducted at the time of Executive's termination. Among all other competitive actions that are likewise restricted, Executive shall not cause or attempt to cause any existing or prospective customer, client or account who then has a relationship with FFF for current or prospective business to divert, terminate, limit or in any adverse manner modify, or fail to enter into any actual or potential business with FFF. 9.03. At its sole option, FFF may, by express written notice to Executive, waive or limit the time and/or geographic area in which Executive cannot engage in competitive activity or the scope of such competitive activity. 9.04. For a period of twelve (12) months following termination of Executive's employment for any reason, Executive will not initiate or participate in any other employer's recruitment or hiring of any of FFF's employees. 9.05. Executive agrees that breach by him of the provisions of this Article 9 will cause FFF irreparable harm that is not fully remedied by monetary damages. In the event of a breach or threatened breach by Executive of the provisions of this Article 9, FFF shall be entitled to an injunction restraining Executive from directly or indirectly competing or recruiting as prohibited herein, without posting a bond or other security. Nothing herein shall be construed as prohibiting FFF from pursuing any other equitable or legal remedies available to it for such breach or threatened breach, including the recovery of damages from Executive. Executive agrees that FFF shall be entitled to recover its costs of litigation, expenses and attorney fees incurred in enforcing this Agreement. 9.06. The Executive understands and agrees that any violation of this Article 9 while employed by FFF may result in immediate disciplinary action by FFF, including termination of employment pursuant to Section 6.03 hereof. 9.07. FFF recognizes that Executive currently owns and operates Sherlock's Home, a Champps restaurant restaurant/microbrewery in New BrightonEden Prairie, Minnesota. Executive's continuance of the normal ongoing operation of ExecutiveSherlock's Champps restaurant Home in New BrightonEden Prairie, Minnesota shall not be considered a breach of this agreement. This exception applies only to the currently existing and operating Champps restaurant Sherlock's Home restaurant/microbrewery owned by Executive and does not apply to any other restaurants or microbreweries, including any future expansions under the Champps restaurant Sherlock's Home name or additional restaurant/microbrewery enterprises with which Executive becomes associated. Furthermore, this exception shall not allow Executive to solicit or recruit any employees of FFF for Executive's currently existing Champps Sherlock's Home restaurant/microbrewery. 9.08. The obligations contained in this Article 9 shall survive the termination of this Agreement indefinitely.

NONCOMPETITION AND NON-RECRUITMENT. 9.01. FFF 10.01 Amcast and Executive recognize and agree that: (i) Executive has received, and will in the future receive, substantial amounts of highly confidential and proprietary information concerning FFFAmcast, its business, customers, employees customers and vendorsemployees; (ii) as a consequence of using or associating himself with FFFAmcast's name, goodwill, and reputation, Executive will develop personal and professional relationships or a reputation with FFFAmcast's current and prospective customers, clients customers and vendorsclients; and (iii) provision for non-competition and non-recruitment obligations by Executive is critical to FFFAmcast's continued economic well-being and protection of FFFAmcast's confidential and proprietary business information. In light of these considerations, this Article 9 10 sets forth the terms and conditions of Executive's obligations of non-competition and non-recruitment during the Term of and subsequent to the termination of this Agreement and/or Executive's employment for any reason. 9.02. 10.02 Unless the obligation is waived or limited by FFF Amcast as set forth herein, Executive agrees that during the term of Executive's employment pursuant to this Agreement and for a period of twelve twenty-four (1224) months following termination of Executive's employment for any reason, Executive will not directly or indirectly: indirectly (a) solicit or do competitive business with any person or entity that is or was a customer or vendor of FFF Amcast within the twelve twenty-four (1224) months prior to the date of termination; , or (b) engage within the North American markets in which FFF Amcast engages in business at the time of termination, in any similar or related business activity in competition with FFFAmcast's direct line of business as conducted at the time of Executive's termination. Among all other competitive actions that are likewise restricted, Executive shall not cause or attempt to cause any existing or prospective customer, client or account who then has a relationship with FFF Amcast for current or prospective business to divert, terminate, limit or in any adverse manner modify, or fail to enter into any actual or potential business with FFFAmcast. 9.03. 10.03 At its sole option, FFF Amcast may, by express written notice to Executive, waive or limit the time and/or geographic area in which Executive cannot engage in competitive activity or the scope of such competitive activity. 9.04. 10.04 For a period of twelve twenty-four (1224) months following termination of Executive's employment for any reason, Executive will not initiate or actively participate in any other employer's recruitment or hiring of any of FFFAmcast's employees. 9.05. 10.05 Executive agrees that breach by him of the provisions of this Article 9 10 will cause FFF Amcast irreparable harm that is not fully remedied by monetary damages. In the event of a breach or threatened breach by Executive of the provisions of this Article 910, FFF Amcast shall be entitled to an injunction restraining Executive from directly or indirectly competing or recruiting as prohibited herein, without posting a bond or other security. Nothing herein shall be construed as prohibiting FFF Amcast from pursuing any other equitable or legal remedies available to it for such breach or threatened breach, including the recovery of damages from ExecutiveExecutive and suspension or termination of the severance payments being made to the Executive under Articles 7 or 8. Executive agrees and Amcast agree that FFF in event of a disputed proceeding regarding Executive's compliance with the provisions of this Article 10, the prevailing party shall be entitled to recover his or its costs of litigation, expenses litigation and reasonable attorney fees incurred as a result. To the extent that the Executive is in enforcing violation of any of the provisions contained in this AgreementArticle 10, the applicable period shall be tolled during such period of non-compliance, the intent of which is to provide Amcast with the full period of compliance as stated herein. 9.06. 10.06 The Executive understands and agrees that any violation of this Article 9 10 while employed by FFF Amcast may result in immediate disciplinary action by FFFAmcast, including termination of employment pursuant to Section 6.03 6.04 hereof. 9.07. FFF recognizes that Executive currently owns and operates a Champps restaurant in New Brighton, Minnesota. Executive's continuance of the normal ongoing operation of Executive's Champps restaurant in New Brighton, Minnesota shall not be considered a breach of this agreement. This exception applies only to the currently existing and operating Champps restaurant owned by Executive and does not apply to any other restaurants or microbreweries, including any future expansions under the Champps restaurant name or additional enterprises with which Executive becomes associated. Furthermore, this exception shall not allow Executive to solicit or recruit any employees of FFF for Executive's currently existing Champps restaurant. 9.08. 10.07 The obligations contained in this Article 9 10 shall survive the termination of this Agreement indefinitely.