Common use of Post Term Clause in Contracts

Post Term. For a continuous period of two (2) years commencing on termination of the Employee’s employment with the Employer, regardless of any termination pursuant to Section 8 or any voluntary termination or resignation by the Employee, the Employee shall not, individually or jointly with others, directly or indirectly, whether for the Employee’s own account or for that of any other person or entity, engage in or own or hold any ownership interest in, have any interest in or lend any assistance to, any Italian restaurant or any person or entity engaged in a business owning, operating, franchising or controlling an Italian restaurant business, and that is located or intended to be located anywhere within a radius of thirty (30) miles of any Carrabba’s® restaurant owned or operated by the Employer, the Company or their affiliates or any proposed Carrabba’s® restaurant to be owned or operated by any of the foregoing, and the Employee shall not act as an officer, director, employee, partner, independent contractor, consultant, principal, agent, proprietor, chef, or in any other capacity for, nor lend any assistance (financial or otherwise) or cooperation to, any such person, or entity. For purposes of this Section 9(b), Carrabba’s® restaurants owned or operated by the Company shall include Carrabba’s® restaurants operated or owned by an affiliate of the Company, any successor entity to the Company, and any entity in which the Company has an interest, including but not limited to, an interest as a franchisor. The term “proposed Carrabba’s® restaurant” shall include all locations for which the Company, its franchisees or affiliates is conducting active, bona fide negotiations to secure a fee or leasehold interest with the intention of establishing one or more Carrabba’s® restaurants thereon. For purposes of this Section 9(b), the term “Italian” shall mean any restaurant for which: (i) the word “Italian” or any item of Carrabba’s Italian Grill, Inc. President EA with renewal and allowance 2006a Italian cuisine or any word that connotes Italian cuisine is used in its name; or (ii) the sale of Italian cuisine is regularly featured in its advertising or marketing efforts, or (iii) the sale of Italian cuisine constitutes thirty percent (30%) or more of its entrée sales, computed on a dollar basis.

Post Term. For a continuous period of two (2) years commencing on termination of the Employee’s employment with the Employer, regardless of any termination pursuant to Section 8 or any voluntary termination or resignation by the Employee, the Employee shall not, individually or jointly with others, directly or indirectly, whether for the Employee’s own account or for that of any other person or entity, engage in or own or hold any ownership interest in, have any interest in or lend any assistance to, any Italian seafood restaurant or any person or entity engaged in a business owning, operating, franchising or controlling an Italian a seafood restaurant business, and that is located or intended to be located anywhere within a radius of thirty (30) miles of any Carrabba’sBonefish Grill® restaurant owned or operated by the Employer, the Company or their affiliates or any proposed Carrabba’sBonefish Grill® restaurant to be owned or operated by any of the foregoing, and the Employee shall not act as an officer, director, employee, partner, independent contractor, consultant, principal, agent, proprietor, chef, or in any other capacity for, nor lend any assistance (financial or otherwise) or cooperation to, any such person, or entity. For purposes of this Section 9(b), Carrabba’sBonefish Grill® restaurants owned or operated by the Company shall include Carrabba’sBonefish Grill® restaurants operated or owned by an affiliate of the Company, any successor entity to the Company, and any entity in which the Company has an interest, including but not limited to, an interest as a franchisor. The term “proposed Carrabba’sBonefish Grill® restaurant” shall include all locations for which the Company, its franchisees or affiliates is conducting active, bona fide negotiations to secure a fee or leasehold interest with the intention of establishing one or more Carrabba’sBonefish Grill® restaurants thereon. For purposes of this Section 9(b), the term “Italianseafood restaurant” shall mean any restaurant for which: (i) the Bonefish Grill, Inc. word “Italianseafood” or any item of Carrabba’s Italian Grill, Inc. President EA with renewal and allowance 2006a Italian cuisine seafood or any word that connotes Italian cuisine seafood is used in its name; or (ii) the sale of Italian cuisine seafood is regularly featured in its advertising or marketing efforts, or (iii) the sale of Italian cuisine seafood constitutes thirty percent (30%) or more of its entrée sales, computed on a dollar basis.

Post Term. For a continuous period of two (2) years commencing on termination of the Employee’s employment with the Employer, regardless of any termination pursuant to Section 8 or any voluntary termination or resignation by the Employee, the Employee shall not, individually or jointly with others, directly or indirectly, whether for the Employee’s own account or for that of any other person or entity, engage in or own or hold any ownership interest in, have any interest in or lend any assistance to, any Italian seafood restaurant or any person or entity engaged in a business owning, operating, franchising or controlling an Italian a seafood restaurant business, and that is located or intended to be located anywhere within a radius of thirty (30) miles of any Carrabba’sBonefish Grill® restaurant owned or operated by the Employer, the Company or their affiliates or any proposed Carrabba’sBonefish Grill® restaurant to be owned or operated by any of the foregoing, and the Employee shall not act as an officer, director, employee, partner, independent contractor, consultant, principal, agent, proprietor, chef, or in any other capacity for, nor lend any assistance (financial or otherwise) or cooperation to, any such person, or entity. For purposes of this Section 9(b), Carrabba’sBonefish Grill® restaurants owned or operated by the Company shall include Carrabba’sBonefish Grill® restaurants operated or owned by an affiliate of the Company, any successor entity to the Company, and any entity in which the Company has an interest, including but not limited to, an interest as a franchisor. The term “proposed Carrabba’sBonefish Grill® restaurant” shall include all locations for which the Company, its franchisees or affiliates is conducting active, bona fide negotiations to secure a fee or leasehold interest with the intention of establishing one or more Carrabba’sBonefish Grill® restaurants thereon. For purposes of this Section 9(b), the term “Italianseafood restaurant” shall mean any restaurant for which: (i) the word “Italian” or any item of Carrabba’s Italian Bonefish Grill, Inc. President EA with renewal and allowance 2006a Italian cuisine word “seafood” or any item of seafood or any word that connotes Italian cuisine seafood is used in its name; or (ii) the sale of Italian cuisine seafood is regularly featured in its advertising or marketing efforts, or (iii) the sale of Italian cuisine seafood constitutes thirty percent (30%) or more of its entrée sales, computed on a dollar basis.

Post Term. For a continuous period of two (2) years commencing on termination of the Employee’s employment with the Employer, regardless of any termination pursuant to Section 8 or any voluntary termination or resignation by the Employee, the Employee shall not, individually or jointly with others, directly or indirectly, whether for the Employee’s own account or for that of any other person or entity, engage in or own or hold any ownership interest in, have any interest in or lend any assistance to, any Italian restaurant or any person or entity engaged in a business owning, operating, franchising or controlling an Italian restaurant business, and that is located or intended to be located anywhere within a radius of thirty (30) miles of any Carrabba’s® restaurant owned or operated by the Employer, the Company or their affiliates or any proposed Carrabba’s® restaurant to be owned or operated by any of the foregoing, and the Employee shall not act as an officer, director, employee, partner, independent contractor, consultant, principal, agent, proprietor, chef, or in any other capacity for, nor lend any assistance (financial or otherwise) or cooperation to, any such person, or entity. For purposes of this Section 9(b), Carrabba’s® restaurants owned or operated by the Company shall include Carrabba’s® restaurants operated or owned by an affiliate of the Company, any successor entity to the Company, and any entity in which the Company has an interest, including but not limited to, an interest as a franchisor. The term “proposed Carrabba’s® restaurant” shall include all locations for which the Company, its franchisees or affiliates is conducting active, bona fide negotiations to secure a fee or leasehold interest with the intention of establishing one or more Carrabba’s® restaurants thereon. For purposes of this Section 9(b), the term “Italian” shall mean any restaurant for which: (i) the word “Italian” or any item of Carrabba’s 's Italian Grill, Inc. President EA with renewal and allowance 2006a Italian cuisine or any word that connotes Italian cuisine is used in its name; or (ii) the sale of Italian cuisine is regularly featured in its advertising or marketing efforts, or (iii) the sale of Italian cuisine constitutes thirty percent (30%) or more of its entrée sales, computed on a dollar basis.