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 seafood restaurant or any person or entity engaged in a business owning, operating, franchising or controlling a seafood restaurant business, and that is located or intended to be located anywhere within a radius of thirty (30) miles of any Bonefish Grill® restaurant owned or operated by the Employer, the Company or their affiliates or any proposed Bonefish 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), Bonefish Grill® restaurants owned or operated by the Company shall include Bonefish 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 Bonefish 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 Bonefish Grill® restaurants thereon. For purposes of this Section 9(b), the term “seafood restaurant” shall mean any restaurant for which: (i) the Bonefish Grill, Inc. President EA with renewal and allowance 2006a Xxxx X. Xxxxxx word “seafood” or any item of seafood or any word that connotes seafood is used in its name; or (ii) the sale of seafood is regularly featured in its advertising or marketing efforts, or (iii) the sale of 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 seafood Italian restaurant or any person or entity engaged in a business owning, operating, franchising or controlling a seafood an Italian restaurant business, and that is located or intended to be located anywhere within a radius of thirty (30) miles of any Bonefish GrillCarrabba’s® restaurant owned or operated by the Employer, the Company or their affiliates or any proposed Bonefish GrillCarrabba’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), Bonefish GrillCarrabba’s® restaurants owned or operated by the Company shall include Bonefish GrillCarrabba’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 Bonefish GrillCarrabba’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 Bonefish GrillCarrabba’s® restaurants thereon. For purposes of this Section 9(b), the term “seafood restaurantItalian” shall mean any restaurant for which: (i) the Bonefish word “Italian” or any item of Carrabba’s Italian Grill, Inc. President EA with renewal and allowance 2006a Xxxx Xxxxxx X. Xxxxxx word “seafood” or any item of seafood Xxxxxxx Italian cuisine or any word that connotes seafood Italian cuisine is used in its name; or (ii) the sale of seafood Italian cuisine is regularly featured in its advertising or marketing efforts, or (iii) the sale of seafood 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 seafood Italian restaurant or any person or entity engaged in a business owning, operating, franchising or controlling a seafood an Italian restaurant business, and that is located or intended to be located anywhere within a radius of thirty (30) miles of any Bonefish GrillCarrabba’s® restaurant owned or operated by the Employer, the Company or their affiliates or any proposed Bonefish GrillCarrabba’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), Bonefish GrillCarrabba’s® restaurants owned or operated by the Company shall include Bonefish GrillCarrabba’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 Bonefish GrillCarrabba’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 Bonefish GrillCarrabba’s® restaurants thereon. For purposes of this Section 9(b), the term “seafood restaurantItalian” shall mean any restaurant for which: (i) the Bonefish word “Italian” or any item of Carrabba's Italian Grill, Inc. President EA with renewal and allowance 2006a Xxxx Xxxxxx X. Xxxxxx word “seafood” or any item of seafood Xxxxxxx Italian cuisine or any word that connotes seafood Italian cuisine is used in its name; or (ii) the sale of seafood Italian cuisine is regularly featured in its advertising or marketing efforts, or (iii) the sale of seafood Italian cuisine constitutes thirty percent (30%) or more of its entrée sales, computed on a dollar basis.