Common use of Post Employment Non-Compete Covenant Clause in Contracts

Post Employment Non-Compete Covenant. In the event, and only in the event, that Employee's employment is terminated under the provisions of Sections 5(a)(i)(C) or 5(a)(ii), Employee agrees as follows: (i) Employee will not engage or participate in any manner, whether directly or indirectly through any family member or other person or as an employee, employer, consultant, agent, principal, partner, more than one percent shareholder, officer, director, licensor, lender, lessor or in any other individual or representative capacity: (A) during the one-year period following the Termination Date, in any business or activity which is engaged in leasing, acquiring, exploring, producing, gathering or marketing hydrocarbons and related products within (1) any county or parish in which the Company owns any oil and gas interests or conducts operations on the Termination Date or in which the Company has owned any oil and gas interests or conducted operations at any time during the six months immediately preceding the Termination Date or (2) any county or parish adjacent to any county or parish described in clause (1); (B) during the eighteen month period following the Termination Date, in any business or activity which is engaged in the leasing, acquiring, exploring, producing, gathering or marketing of hydrocarbons and related products within the boundaries of, or within a two-mile radius of the boundaries of, any mineral property interest of any of the Related Parties (including, without limitation, a mineral lease, overriding royalty interest, production payment, net profits interest, mineral fee interest or option or right to acquire any of the foregoing, or an area of mutual interest as designated pursuant to contractual agreements between the Company and any third party) or any other property on which any of the Related Parties has an option, right, license or authority to conduct or direct exploratory activities, such as three-dimensional seismic acquisition or other seismic, geophysical and geochemical activities (but not including any preliminary geological mapping), as of the Termination Date or during the six month period immediately preceding the Termination Date; provided that, this subsection (d) shall not preclude Employee from making investments in securities of oil and gas companies which are publicly traded, if (1) the aggregate owned by Employee and all affiliates does not exceed 5% of such company's outstanding securities, and (2) the aggregate amount invested in such investments by Employee and all affiliates after the date hereof does not exceed $200,000. (ii) Employee will not during the eighteen month period following the Termination Date, attempt to solicit, entice, persuade or induce, directly or indirectly, any employee (or person who within the preceding ninety (90) days was an employee) of any of the Related Parties or any other person who is under contract with or rendering services to any of the Related Parties, to (i) terminate his or her employment by, or contractual relationship with, such person, (ii) refrain from extending or renewing the same (upon the same or new terms), (iii) refrain from rendering services to or for such person (iv) become employed by or to enter into contractual relations with any persons other than such person, or (v) enter into a relationship with a competitor of any of the Related Parties. (iii) Employee will promptly notify the Company if employment (or any consulting relationship) is accepted with any third party engaged in business activities similar to those conducted by the Company.

Post Employment Non-Compete Covenant. In the event, and only in the event, that Employee's employment is terminated under the provisions of Sections 5(a)(i)(C) or 5(a)(ii), Employee Executive agrees as follows: (i) Employee Executive will not not, during the twelve (12)-month period following the Termination Date, engage or participate in any manner, whether directly or indirectly through any family member Family Member or other person or as an employee, employer, consultant, agent, principal, partner, more than one percent shareholder, officer, director, licensor, lender, lessor or in any other individual or representative capacity: (A) during the one-year period following the Termination Date, in any business or activity which is engaged in leasingrelated to the lease, acquiringacquisition, exploringexploration, producingproduction, gathering gathering, processing, transportation, refining, terminaling, marketing or marketing storage of hydrocarbons and related products (A) within the boundaries of, or within ten (110) any county miles of the boundaries of the Uintah and Ouray Reservation (the “Reservation”) or parish in which (B) outside the Company owns Reservation, within ten (10) miles of any oil and gas interests or conducts operations other property interest or operations, including midstream or storage operations, of any of the Related Parties on the Termination Date or in which the Company has owned any oil and gas interests or conducted operations at any time during the six months immediately preceding the Termination Date or (2) any county or parish adjacent to any county or parish described in clause (1); (B) during the eighteen month period following the Termination Date, in any business or activity which is engaged in the leasing, acquiring, exploring, producing, gathering or marketing of hydrocarbons and related products within the boundaries of, or within a two-mile radius of the boundaries of, any mineral property interest of any of the Related Parties (including, without limitation, a mineral lease, overriding royalty interest, production payment, net profits interest, mineral fee interest or option or right to acquire any of the foregoing, or an area of mutual interest as designated pursuant to contractual agreements between the Company and any third party) or any other property on which any of the Related Parties has an option, right, license or authority to conduct or direct exploratory activities, such as three-dimensional seismic acquisition or other seismic, geophysical and geochemical activities (but not including any preliminary geological mapping), as of the Termination Date or at any time during the six month period months preceding such Termination Date or, to the knowledge of Executive, to which the Company or any of the Related Parties have invested a material amount of time or money as of the Termination Date or at any time during the six months immediately preceding the Termination Date; provided that, that this subsection (dSection 6(d)(i) shall not preclude Employee Executive from making investments in securities of oil and gas or natural gas midstream companies which are publicly tradedregistered on a national stock exchange, if (1) the aggregate amount owned by Employee Executive and all Family Members and affiliates does not exceed 51% of such company's ’s outstanding securities, and (2) the aggregate amount invested in such investments by Employee and all affiliates after the date hereof does not exceed $200,000. (ii) Employee Executive will not not, during the eighteen twelve (12) month period following the Termination Date, attempt to solicit, entice, persuade or induce, directly or indirectly, any employee (or person who within the preceding ninety (90) days was an employee) of any of the Related Parties or any other person who is under contract with or rendering services to any of the Related Parties, to (iA) terminate his or her employment by, or contractual relationship with, such personRelated Party, (iiB) refrain from extending or renewing the same (upon the same or new terms), (iiiC) refrain from rendering services to or for such person person, (ivD) become employed by or to enter into contractual relations with any persons other than such personRelated Party, or (vE) enter into a relationship with a competitor of any of the Related Parties. (iii) Employee will promptly notify the Company if employment (or any consulting relationship) is accepted with any third party engaged in business activities similar to those conducted by the Company.

Post Employment Non-Compete Covenant. In the event, and only in the event, that Employee's employment is terminated under the provisions of Sections 5(a)(i)(C) or 5(a)(ii), Employee agrees as follows: (i) Employee will not engage or participate in any manner, whether directly or indirectly through any family member or other person or as an employee, employer, consultant, agent, principal, partner, more than one percent shareholder, officer, director, licensor, lender, lessor or in any other individual or representative capacity: (A) during the one-year six month period following the Termination Date, in any business or activity which is engaged in leasing, acquiring, exploring, producing, gathering or marketing hydrocarbons and related products within (1) any county or parish in which the Company owns any oil and gas interests or conducts operations on the Termination Date or in which the Company has owned any oil and gas interests or conducted operations at any time during the six months immediately preceding the Termination Date or (2) any county or parish adjacent to any county or parish described in clause (1)continental United States; (B) during the eighteen month period following the Termination DateResidual Severance Period, in any business or activity which is engaged in direct competition with the business of the Related Parties as to leasing, acquiring, exploring, producing, gathering or marketing of hydrocarbons and related products within the boundaries of, or within a two-two mile radius of the boundaries of, any mineral property interest of any of the Related Parties (including, without limitation, a mineral lease, overriding royalty interest, production payment, net profits interest, mineral fee interest interest, or option or right to acquire any of the foregoing, or an area of mutual interest as designated pursuant to contractual agreements between any third party and the Holding Company, the Company and any third partyor the Partnership) or any other property on which any of the Related Parties has an option, right, license license, or authority to conduct or direct exploratory activities, such as three-three dimensional seismic acquisition or other seismic, geophysical and geochemical activities (but not including any preliminary geological mapping), as of the Termination Date or during as of the six month period immediately preceding end of the Termination DateInitial Severance Period; provided that, this subsection (d) shall not preclude Employee from making investments in securities of oil and gas companies which are publicly traded, if (1) the aggregate owned by Employee and all affiliates does not exceed 5% of such company's outstanding securities, and (2) the aggregate amount invested in such investments by Employee and all affiliates after the date hereof does not exceed $200,000. (ii) Employee will not during the eighteen month period following the Termination Date, attempt to solicit, entice, persuade or induce, directly or indirectly, any employee (or person who within the preceding ninety (90) days was an employee) of any of the Related Parties or any other person who is under contract with or rendering services to any of the Related Parties, to (i) terminate his or her employment by, or contractual relationship with, such person, (ii) refrain from extending or renewing the same (upon the same or new terms), (iii) refrain from rendering services to or for such person (iv) become employed by or to enter into contractual relations with any persons other than such person, or (v) enter into a relationship with a competitor of any of the Related Parties. (iii) Employee will promptly notify the Company if employment (or any consulting relationship) is accepted with any third party engaged in business activities similar to those conducted by the Company.from:

Post Employment Non-Compete Covenant. In the event, and only in the event, that Employee's employment is terminated under the provisions of Sections 5(a)(i)(C) or 5(a)(ii), Employee Executive agrees as follows: (i) Employee Executive will not not, during the twelve (12)-month period following the Termination Date, engage or participate in any manner, whether directly or indirectly through any family member Family Member or other person or as an employee, employer, consultant, agent, principal, partner, more than one percent shareholder, officer, director, licensor, lender, lessor or in any other individual or representative capacity: (A) during the one-year period following the Termination Date, in any business or activity which is engaged in leasingrelated to the lease, acquiringacquisition, exploringexploration, producingproduction, gathering gathering, processing, transportation, refining, terminaling, marketing or marketing storage of hydrocarbons and related products (A) within the original boundaries of, or within ten (110) any county miles of the original boundaries (which, for the sake of clarity, are the same boundaries existing on the date of this Agreement) of the Uintah and Ouray Reservation (the “Reservation”) or parish in which (B) outside the Company owns Reservation, within ten (10) miles of any oil and gas interests or conducts operations other property interest or operations, including midstream or storage operations, of any of the Related Parties on the Termination Date or in which the Company has owned any oil and gas interests or conducted operations at any time during the six months immediately preceding the Termination Date or (2) any county or parish adjacent to any county or parish described in clause (1); (B) during the eighteen month period following the Termination Date, in any business or activity which is engaged in the leasing, acquiring, exploring, producing, gathering or marketing of hydrocarbons and related products within the boundaries of, or within a two-mile radius of the boundaries of, any mineral property interest of any of the Related Parties (including, without limitation, a mineral lease, overriding royalty interest, production payment, net profits interest, mineral fee interest or option or right to acquire any of the foregoing, or an area of mutual interest as designated pursuant to contractual agreements between the Company and any third party) or any other property on which any of the Related Parties has an option, right, license or authority to conduct or direct exploratory activities, such as three-dimensional seismic acquisition or other seismic, geophysical and geochemical activities (but not including any preliminary geological mapping), as of the Termination Date or at any time during the six month period months preceding such Termination Date or, to the knowledge of Executive, to which the Company or any of the Related Parties have invested a material amount of time or money as of the Termination Date or at any time during the six months immediately preceding the Termination Date; provided that, that this subsection (dSection 6(d)(i) shall not preclude Employee Executive from making investments in securities of oil and gas or natural gas midstream companies which are publicly tradedregistered on a national stock exchange, if (1) the aggregate amount owned by Employee Executive and all Family Members and affiliates does not exceed 51% of such company's ’s outstanding securities, and (2) the aggregate amount invested in such investments by Employee and all affiliates after the date hereof does not exceed $200,000. (ii) Employee Executive will not not, during the eighteen twelve (12) month period following the Termination Date, attempt to solicit, entice, persuade or induce, directly or indirectly, any employee (or person who within the preceding ninety (90) days was an employee) of any of the Related Parties or any other person who is under contract with or rendering services to any of the Related Parties, to (iA) terminate his or her employment by, or contractual relationship with, such personRelated Party, (iiB) refrain from extending or renewing the same (upon the same or new terms), (iiiC) refrain from rendering services to or for such person person, (ivD) become employed by or to enter into contractual relations with any persons other than such personRelated Party, or (vE) enter into a relationship with a competitor of any of the Related Parties. (iii) Employee will promptly notify the Company if employment (or any consulting relationship) is accepted with any third party engaged in business activities similar to those conducted by the Company.

Post Employment Non-Compete Covenant. In (a) Employee agrees that if he voluntarily resigns or otherwise terminates his position of employment with the event, and only in the event, that Employee's Company or if his employment is terminated under by the provisions of Sections 5(a)(i)(C) or 5(a)(iiCompany for cause (as defined below), Employee agrees as follows: (i) Employee he will not engage or participate in any manner, whether directly or indirectly through any family member or other person or as an employee, employer, consultant, agent, principal, partner, more than one percent shareholder, officer, director, licensor, lender, lessor or in any other individual or representative capacity: (Ai) during the onesix-year month period following the Termination Date, in any business or activity which is engaged in leasing, acquiring, exploring, producing, gathering or marketing hydrocarbons and related products within (1) any county or parish in which the Company owns any oil States of Utah, Colorado, Oklahoma, Texas and gas interests or conducts operations on the Termination Date or in which the Company has owned any oil and gas interests or conducted operations at any time during the six months immediately preceding the Termination Date or (2) any county or parish adjacent to any county or parish described in clause (1);Kansas; and (Bii) during the eighteen eighteen-month period following the Termination Date, in any business or activity which is in engaged in the leasing, acquiring, exploring, producing, gathering or marketing of hydrocarbons and related products within the boundaries of, or within a two-twenty mile radius of the boundaries of, any mineral property interest of any of the Related Parties (including, without limitation, a mineral lease, overriding royalty interest, production payment, net profits interest, mineral fee interest interest, or option or right to acquire any of the foregoing, or an area of mutual interest as designated pursuant to contractual agreements between the Company Related Party and any third party) or any other property on which any of the Related Parties has have an option, right, license license, or authority to conduct or direct exploratory activities, such as three-three dimensional seismic acquisition or other seismic, geophysical and geochemical activities (but not including any preliminary geological mapping), as of the Termination Date or during the six month period immediately preceding the Termination Date; provided that, this subsection (d) Section 4 shall not preclude Employee from making personal investments in securities of oil and gas companies which are publicly tradedregistered on a national stock exchange, if (1) the aggregate amount owned by Employee and all family members and affiliates does not exceed 5% of such company's outstanding securities, and (2) the aggregate amount invested in such investments by Employee and all affiliates after the date hereof does not exceed $200,000. (iib) Employee and Company agree that, if the Company terminates Employee's employment other than for cause, the Company shall have five days after the Termination Date to elect, at its sole option, to make "Severance Payments" (as defined below) to Employee. If the Company elects to make Severance Payments, then during the "Severance Period" (as defined below), Employee will not during the eighteen month period following the Termination Dateengage or participate in any manner, attempt to solicit, entice, persuade or induce, whether directly or indirectlyindirectly through any family member or as an employee, employer, consultant, agent, principal, partner, more than one percent shareholder, officer, director, licensor, lender, lessor or in any employee (other individual or person who representative capacity, in any business or activity which is engaged in leasing, acquiring, exploring, producing, gathering or marketing hydrocarbons and related products within the preceding ninety (90) days was an employee) States of any of the Related Parties Utah, Colorado, Oklahoma, Texas or any other person who is under contract with or rendering services to any of the Related PartiesKansas. For purposes hereof, to (i) terminate his or her employment by, or contractual relationship with, such person, (ii) refrain from extending or renewing "Severance Payments" shall be Employee's regular salary immediately before termination and shall be payable at the same (upon the same or new terms)times as Employee's regular salary immediately before termination. For purposes hereof, (iii) refrain from rendering services to or for such person (iv) become employed by or to enter into contractual relations with any persons other than such person, or (v) enter into a relationship with a competitor of any of the Related Parties. (iii) Employee will promptly notify the Company if employment (or any consulting relationship) is accepted with any third party engaged in business activities similar to those conducted by the Company.the