Common use of Obligations to Refrain From Competing Unfairly Clause in Contracts

Obligations to Refrain From Competing Unfairly. 10.1. In addition to the other obligations agreed to by Executive in this Agreement, Executive agrees that during his employment with Employer and following the termination of his employment by Employer he shall not at any time, directly or indirectly, (a) induce, entice, or solicit any employee of Employer to leave his employment, or (b) contact, communicate or solicit any customer of Employer derived from any customer list, customer lead, mail, printed matter or other information secured from Employer or its present or past employees, or (c) in any other manner use any customer lists or customer leads, mail, telephone numbers, printed material or material of Employer relating thereto. Notwithstanding the above, the parties acknowledge and agree that if Executive shall enter into any license or franchise agreement or comparable arrangement with Employer or any subsidiary or affiliate of Employer for the operation of a business also conducted by Employer or such subsidiary or affiliate, then Executive's operation of such business in the ordinary course shall not be deemed to be a violation of the restrictions in clauses (b) and (c) of the preceding sentence, provided Executive has first obtained the approval of the Executive Compensation Committee of Employer's Board of Directors.

Obligations to Refrain From Competing Unfairly. 10.19.1. In addition to the other obligations agreed to by Executive in this Agreement, Executive agrees that during his employment with Employer and following the termination of his employment by Employer he shall not at any time, directly or indirectly, indirectly (a) induce, entice, or solicit any employee of Employer to leave his employment, or (b) contact, communicate or solicit any customer of Employer derived from any customer list, customer lead, mail, printed matter or other information secured from Employer or its present or past employees, or (c) in any other manner use any customer lists or customer leads, mail, telephone numbers, printed material or material of Employer relating thereto. Notwithstanding the above, the parties acknowledge and agree that if Executive shall enter into any license or franchise agreement or comparable arrangement with Employer or any subsidiary or affiliate of Employer for the operation of a business also conducted by Employer or such subsidiary or affiliate, then Executive's operation of such business in the ordinary course shall not be deemed to be a violation of the restrictions in clauses (b) and (c) of the preceding sentence, provided Executive has first obtained the approval of the Executive Compensation Committee of Employer's Board of Directors.

Obligations to Refrain From Competing Unfairly. 10.1. In addition to the other obligations agreed to by Executive in this Agreement, Executive agrees that during his employment with Employer and following the termination of his employment by Employer he shall not at any time, directly or indirectly, (a) induce, entice, or solicit any employee of Employer to leave his employment, or (b) contact, communicate or solicit any customer of Employer derived from any customer list, customer lead, mail, printed matter or other information secured from Employer or its present or past employees, or (c) in any other manner use any customer lists or customer leads, mail, telephone numbers, printed material or material of Employer relating thereto. Notwithstanding the above, the parties acknowledge and agree that if Executive shall enter into any license or franchise agreement or comparable arrangement with Employer or any subsidiary or affiliate of Employer for the operation of a business also conducted by Employer or such subsidiary or affiliate, then Executive's ’s operation of such business in the ordinary course shall not be deemed to be a violation of the restrictions in clauses (b) and (c) of the preceding sentence, provided Executive has first obtained the approval of the Executive Compensation Committee of Employer's ’s Board of Directors.