Common use of Restrictive Covenants and Consulting Arrangement Clause in Contracts

Restrictive Covenants and Consulting Arrangement. (a) The Employee will hold in a fiduciary capacity all secret or confidential information, knowledge or data relating to any Innovative Industrial Entity, and each of their respective businesses (the “Confidential Information”), except in furtherance of the business of the Innovative Industrial Entities or except as may be required by law. Additionally, and without limiting the foregoing, the Employee agrees not to participate in or facilitate the dissemination to the media or any other third party (i) of the Confidential Information, or (ii) of any damaging or defamatory information concerning any Innovative Industrial Entity or the Employee’s experiences as an employee of any Innovative Industrial Entity, without the Company’s prior written consent, except as may be required by law. Notwithstanding the foregoing, this Section 16(a) does not apply to information which is already in the public domain other than pursuant to acts of the Employee or representatives of the Employee in violation of this Agreement. (b) During the Employee’s employment and during the one (1) year period after the date that the Employee ceases to be employed by any of the Innovative Industrial Entities for any reason (the “Termination Date”), the Employee agrees that the Employee shall not directly or knowingly and intentionally through another party recruit, induce, solicit or assist any other Person in recruiting, inducing or soliciting (A) any other employee of any Innovative Industrial Entity to leave such employment or (B) any other Person with which any Innovative Industrial Entity was actively conducting negotiations for employment on the Termination Date. (c) For a six (6) month period following any termination of employment, the Employee agrees to make himself available and, upon and as requested by the Company or the Partnership from time to time, to provide consulting services with respect to any projects the Employee was involved in prior to such termination and/or to provide such other consulting services as the Company or the Partnership may reasonably request. The Employee will be reimbursed for reasonable travel and miscellaneous expenses incurred in connection with the provision of requested consulting services hereunder. The Company or the Partnership will provide the Employee reasonable advance notice of any request to provide consulting services, and will make all reasonable accommodations necessary to prevent the Employee’s commitment hereunder from materially interfering with the Employee’s employment obligations, if any. In no event will the Employee be required to provide more than twenty (20) hours of consulting services in any one month to the Company and the Partnership pursuant to this provision. (d) The parties agree that any breach of this Section 16 will result in irreparable harm to the non-breaching party which cannot be fully compensated by monetary damages and accordingly, in the event of any breach or threatened breach of this Section 16, the non-breaching party shall be entitled to injunctive relief. Should any provision of this Section 16 be determined by a court of law or equity to be unreasonable or unenforceable, the parties agree that to the extent it is valid and enforceable, they shall be bound by the same, the intention of the parties being that the parties be given the broadest protection allowed by law or equity with respect to such provision.

Restrictive Covenants and Consulting Arrangement. (a) The Employee will hold in a fiduciary capacity all secret not use or disclose any confidential information, knowledge or data relating to information of any Innovative Industrial Entity, and each of their respective businesses (Regency Entity without the “Confidential Information”)Company’s prior written consent, except in furtherance of the business of the Innovative Industrial Regency Entities or except as may be required by law. Additionally, and without limiting the foregoing, the Employee agrees not to participate in or facilitate the dissemination to the media or any other third party (i) of the Confidential Informationany confidential information concerning any Regency Entity or any employee of any Regency Entity, or (ii) of any damaging or defamatory information concerning any Innovative Industrial Regency Entity or the Employee’s experiences as an employee of any Innovative Industrial Regency Entity, without the Company’s prior written consent, consent except as may be required by law. Notwithstanding the foregoing, this Section 16(a) does not apply to information which is already in the public domain other than pursuant to acts through no fault of the Employee or representatives of the Employee in violation of this AgreementEmployee. (b) During the Employee’s employment and during the one (1) year period after the date that the Employee ceases to be employed by any of the Innovative Industrial Entities for any reason (the “Termination Date”)Regency Entities, the Employee agrees that that: (i) the Employee shall not directly or knowingly and intentionally through another party recruit, induce, solicit or assist any other Person in recruiting, inducing or soliciting (A) any other employee of any Innovative Industrial Regency Entity to leave such employment or (B) any other Person with which any Innovative Industrial Regency Entity was actively conducting negotiations for employment on the date of termination of the Employee’s employment (the “Termination Date”); and (ii) the Employee shall not personally solicit, induce or assist any other Person in soliciting or inducing (A) any tenant in a shopping center of any Regency Entity that was a tenant on the Termination Date to terminate a lease, or (B) any tenant, property owner, co-investment partner or build-to-suit customer with whom any Regency Entity had a lease, acquisition contract, business combination contract, co-investment partnership agreement or development contract on the Termination Date to terminate such lease or other contract, or (C) any prospective tenant, property owner, co-investor partner or build-to-suit customer with which any Regency Entity was actively conducting negotiations on the Termination Date with respect to a lease, acquisition, business combination, co-investment partnership or development project to cease such negotiations. (c) For a six (6) month period following any termination of employment, the Employee agrees to make himself available and, upon and as requested by the Company or the Partnership from time to time, to provide consulting services with respect to any projects the Employee was involved in prior to such termination and/or to provide such other consulting services as the Company or the Partnership may reasonably request. The Employee will be reimbursed for reasonable travel and miscellaneous expenses incurred in connection with the provision of requested consulting services hereunder. The Company or the Partnership will provide the Employee reasonable advance notice of any request to provide consulting services, and will make all reasonable accommodations necessary to prevent the Employee’s commitment hereunder from materially interfering with the Employee’s employment obligations, if any. In no event will the Employee be required to provide more than twenty (20) hours of consulting services in any one month to the Company and the Partnership pursuant to this provision. (d) The parties agree that any breach of this Section 16 will result in irreparable harm to the non-breaching party which cannot be fully compensated by monetary damages and accordingly, in the event of any breach or threatened breach of this Section 16, the non-breaching party shall be entitled to injunctive relief. Should any provision of this Section 16 be determined by a court of law or equity to be unreasonable or unenforceable, the parties agree that to the extent it is valid and enforceable, they shall be bound by the same, the intention of the parties being that the parties be given the broadest protection allowed by law or equity with respect to such provision.

Restrictive Covenants and Consulting Arrangement. (a) The Employee will hold in a fiduciary capacity all secret not use or disclose any confidential information, knowledge or data relating to information of any Innovative Industrial Entity, and each of their respective businesses (Regency Entity without the “Confidential Information”)Company’s prior written consent, except in furtherance of the business of the Innovative Industrial Regency Entities or except as may be required by law. Additionally, and without limiting the foregoing, the Employee agrees not to participate in or facilitate the dissemination to the media or any other third party (i) of the Confidential Informationany confidential information concerning any Regency Entity or any employee of any Regency Entity, or (ii) of any damaging or defamatory information concerning any Innovative Industrial Regency Entity or the Employee’s experiences as an employee of any Innovative Industrial Regency Entity, without the Company’s prior written consent, consent except as may be required by law. Notwithstanding the foregoing, this Section 16(a) does not apply to information which is already in the public domain other than pursuant to acts through no fault of the Employee or representatives of the Employee in violation of this AgreementEmployee. (b) During the Employee’s employment and during the one (1) year period after the date that the Employee ceases to be employed by any of the Innovative Industrial Entities for any reason (the “Termination Date”)Regency Entities, the Employee agrees that that: (i) the Employee shall not directly or knowingly and intentionally through another party recruit, induce, solicit or assist any other Person in recruiting, inducing or soliciting (A) any other employee of any Innovative Industrial Regency Entity to leave such employment or (B) any other Person with which any Innovative Industrial Regency Entity was actively conducting negotiations for employment on the date of termination of the Employee’s employment (the “Termination Date”); and (ii) the Employee shall not personally solicit, induce or assist any other Person in soliciting or inducing (A) any tenant in a shopping center of any Regency Entity that was a tenant on the Termination Date to terminate a lease, or (B) any tenant, property owner, co-investment partner or build-to-suit customer with whom any Regency Entity had a lease, acquisition contract, business combination contract, co-investment partnership agreement or development contract on the Termination Date to terminate such lease or other contract, or (C) any prospective tenant, property owner, co-investor partner or build-to-suit customer with which any Regency Entity was actively conducting negotiations on the Termination Date with respect to a lease, acquisition, business combination, co-investment partnership or development project to cease such negotiations. (c) For a six (6) month period following any termination of employment, the Employee agrees to make himself available and, upon and as requested by the Company or the Partnership from time to time, to provide consulting services with respect to any projects the Employee was involved in prior to such termination and/or to provide such other consulting services as the Company or the Partnership may reasonably request. The Employee will be reimbursed for reasonable travel and miscellaneous expenses incurred in connection with the provision of requested consulting services hereunder. The Company or the Partnership will provide the Employee reasonable advance notice of any request to provide consulting services, and will make all reasonable accommodations necessary to prevent the Employee’s commitment hereunder from materially interfering with the Employee’s employment obligations, if any. In no event will the Employee be required to provide more than twenty (20) hours of consulting services in any one month to the Company and the Partnership pursuant to this provision. (d) The parties agree that any breach of this Section 16 will result in irreparable harm to the non-breaching party which cannot be fully compensated by monetary damages and accordingly, in the event of any breach or threatened breach of this Section 16, the non-breaching party shall be entitled to injunctive relief. Should any provision of this Section 16 be determined by a court of law or equity to be unreasonable or unenforceable, the parties agree that to the extent it is valid and enforceable, they shall be bound by the same, the intention of the parties being that the parties be given the broadest protection allowed by law or equity with respect to such provision.

Restrictive Covenants and Consulting Arrangement. (a) The Employee will hold in a fiduciary capacity all secret not use or disclose any confidential information, knowledge or data relating to information of any Innovative Industrial Entity, and each of their respective businesses (Regency Entity without the “Confidential Information”)Company’s prior written consent, except in furtherance of the business of the Innovative Industrial Regency Entities or except as may be required by law. Additionally, and without limiting the foregoing, the Employee agrees not to participate in or facilitate the dissemination to the media or any other third party (i) of the Confidential Informationany confidential information concerning any Regency Entity or any employee of any Regency Entity, or (ii) of any damaging or defamatory information concerning any Innovative Industrial Regency Entity or the Employee’s experiences as an employee of any Innovative Industrial Regency Entity, without the Company’s prior written consent, consent except as may be required by law. Notwithstanding Notwith-standing the foregoing, this Section 16(a) does not apply to information which is already in the public domain other than pursuant to acts through no fault of the Employee or representatives of the Employee in violation of this AgreementEmployee. (b) During the Employee’s employment and during the one (1) year period after the date that the Employee ceases to be employed by any of the Innovative Industrial Entities for any reason (the “Termination Date”)Regency Entities, the Employee agrees that that: (i) the Employee shall not directly or knowingly and intentionally through another party recruit, induce, solicit or assist any other Person in recruiting, inducing or soliciting (A) any other employee of any Innovative Industrial Regency Entity to leave such employment or (B) any other Person with which any Innovative Industrial Regency Entity was actively conducting negotiations for employment on the date of termination of the Employee’s employment (the “Termination Date”); and (ii) the Employee shall not personally solicit, induce or assist any other Person in soliciting or inducing (A) any tenant in a shopping center of any Regency Entity that was a tenant on the Termination Date to terminate a lease, or (B) any tenant, property owner, co-investment partner or build-to-suit customer with whom any Regency Entity had a lease, acquisition contract, business combination contract, co-investment partnership agreement or development contract on the Termination Date to terminate such lease or other contract, or (C) any prospective tenant, property owner, co-investor partner or build-to-suit customer with which any Regency Entity was actively conducting negotiations on the Termination Date with respect to a lease, acquisition, business combination, co-investment partnership or development project to cease such negotiations. (c) For a six (6) month period following any termination of employment, the Employee agrees to make himself available and, upon and as requested by the Company or the Partnership from time to time, to provide consulting services with respect to any projects the Employee was involved in prior to such termination and/or to provide such other consulting services as the Company or the Partnership may reasonably request. The Employee will be reimbursed for reasonable travel and miscellaneous expenses incurred in connection with the provision of requested consulting services hereunder. The Company or the Partnership will provide the Employee reasonable advance notice of any request to provide consulting services, and will make all reasonable accommodations necessary to prevent the Employee’s commitment hereunder from materially interfering with the Employee’s employment obligations, if any. In no event will the Employee be required to provide more than twenty (20) hours of consulting services in any one month to the Company and the Partnership pursuant to this provision. (d) The parties agree that any breach of this Section 16 will result in irreparable harm to the non-breaching party which cannot be fully compensated by monetary damages and accordingly, in the event of any breach or threatened breach of this Section 16, the non-breaching party shall be entitled to injunctive relief. Should any provision of this Section 16 be determined by a court of law or equity to be unreasonable or unenforceable, the parties agree that to the extent it is valid and enforceable, they shall be bound by the same, the intention of the parties being that the parties be given the broadest protection allowed by law or equity with respect to such provision.

Restrictive Covenants and Consulting Arrangement. (a) The Employee will hold in a fiduciary capacity all secret not use or disclose any confidential information, knowledge or data relating to information of any Innovative Industrial Entity, and each of their respective businesses (Regency Entity without the “Confidential Information”)Company’s prior written consent, except in furtherance of the business of the Innovative Industrial Regency Entities or except as may be required by law. Additionally, and without limiting the foregoing, the Employee agrees not to participate in or facilitate the dissemination to the media or any other third party (i) of the Confidential Informationany confidential information concerning any Regency Entity or any employee of any Regency Entity, or (ii) of any damaging or defamatory information concerning any Innovative Industrial Entity or the Employee’s experiences as an employee of any Innovative Industrial Regency Entity, without the Company’s prior written consent, consent except as may be required by law. Notwithstanding the foregoing, this Section 16(a15(a) does not apply to information which is already in the public domain other than pursuant to acts through no fault of the Employee or representatives of the Employee in violation of this AgreementEmployee. (b) During the Employee’s employment and during the one (1) one-year period after the date that the Employee ceases to be employed by any of the Innovative Industrial Entities for any reason (the “Termination Date”)Regency Entities, the Employee agrees that that: (i) the Employee shall not directly or knowingly and intentionally through another party recruit, induce, solicit or assist any other Person in recruiting, inducing or soliciting (A) any other employee of any Innovative Industrial Regency Entity to leave such employment or (B) any other Person with which any Innovative Industrial Regency Entity was actively conducting negotiations for employment to cease such negotiations on the date of termination of the Employee’s employment (the “Termination Date”); (ii) the Employee shall not personally solicit, induce or assist any other Person in soliciting or inducing (A) any tenant in a shopping center of any Regency Entity that was a tenant on the Termination DateDate to terminate a lease, or (B) any tenant, property owner, joint venture partner or build-to-suit customer with whom any Regency Entity had a lease, acquisition contract, business combination contract, joint venture agreement or development contract on the Termination Date to terminate such lease or other contract, or (C) any prospective tenant, property owner, joint venture partner or build-to-suit customer with which any Regency Entity was actively conducting negotiations on the Termination Date with respect to a lease, acquisition, business combination, joint venture or development project to cease such negotiations, unless the Employee was not aware that such negotiations were being conducted. (c) For a six (6) month period following any termination of employment, the Employee agrees to make himself available and, upon and as requested by the Company or the Partnership from time to time, to provide consulting services with respect to any projects the Employee was involved in prior to such termination and/or to provide such other consulting services as the Company or the Partnership may reasonably request. The Employee will be reimbursed for reasonable travel and miscellaneous expenses incurred in connection with the provision of requested consulting services hereunder. The Company or the Partnership will provide the Employee reasonable advance notice of any request to provide consulting services, and will make all reasonable accommodations necessary to prevent the Employee’s commitment hereunder from materially interfering with the Employee’s employment obligations, if any. In no event will the Employee be required to provide more than twenty (20) 20 hours of consulting services in any one month to the Company and the Partnership pursuant to this provision. (d) The parties agree that any breach of this Section 16 15 will result in irreparable harm to the non-breaching party which cannot be fully compensated by monetary damages and accordingly, in the event of any breach or threatened breach of this Section 1615, the non-breaching party shall be entitled to injunctive relief. Should any provision of this Section 16 15 be determined by a court of law or equity to be unreasonable or unenforceable, the parties agree that to the extent it is valid and enforceable, they shall be bound by the same, the intention of the parties being that the parties be given the broadest protection allowed by law or equity with respect to such provision. (e) The provisions of this Section 15 shall survive the termination of this Agreement.

Restrictive Covenants and Consulting Arrangement. (a) The Employee will hold in a fiduciary capacity all secret not use or disclose any confidential information, knowledge or data relating to information of any Innovative Industrial Entity, and each of their respective businesses (Regency Entity without the “Confidential Information”)Company's prior written consent, except in furtherance of the business of the Innovative Industrial Regency Entities or except as may be required by law. Additionally, and without limiting the foregoing, the Employee agrees not to participate in or facilitate the dissemination to the media or any other third party (i) of the Confidential Informationany confidential information concerning any Regency Entity or any employee of any Regency Entity, or (ii) of any damaging or defamatory information concerning any Innovative Industrial Entity or the Employee’s 's experiences as an employee of any Innovative Industrial Regency Entity, without the Company’s 's prior written consent, consent except as may be required by law. Notwithstanding the foregoing, this Section 16(a) paragraph does not apply to information which is already in the public domain other than pursuant to acts through no fault of the Employee or representatives of the Employee in violation of this AgreementEmployee. (b) During the Employee’s 's employment and during the one (1) one-year period after the date that the Employee ceases to be employed by any of the Innovative Industrial Entities for any reason (the “Termination Date”)Regency Entities, the Employee agrees that that: (i) the Employee shall not directly or knowingly and intentionally through another party recruit, induce, solicit or assist any other Person in recruiting, inducing or soliciting (A) any other employee of any Innovative Industrial Regency Entity to leave such employ- ment; (ii) the Employee shall not Compete or personally solicit, induce or assist any other Person in soliciting or inducing (A) any tenant in a shopping center of any Regency Entity that was a tenant on the date of termination of the Employee's employment (the "Termination Date") to terminate a lease, or (B) any tenant, property owner or build-to-suit customer with whom any Regency Entity entered into a lease, acquisition contract, business combination contract, or development contract on the Termination Date to terminate such lease or other Person contract, or (C) any prospective tenant, property owner or prospective build-to-suit customer with which any Innovative Industrial Regency Entity was actively conducting negotiations for employment on the Termination DateDate with respect to a lease, acquisition, business combination or development project to cease such negotiations, unless the Employee was not aware that such negotiations were being conducted. (c) For a six (6) month period following any termination of employmentemployment described in Section 4 hereof, the Employee agrees to make himself herself available and, upon and as requested by the Company or the Partnership from time to time, to provide consulting services with respect to any projects the Employee was involved in prior to such termination and/or to provide such other consulting services as the Company or the Partnership may reasonably request. The Employee will be reimbursed for reasonable travel and miscellaneous expenses incurred in connection with the provision of requested consulting services hereunder. The Company or the Partnership will provide the Employee reasonable advance notice of any request to provide consulting services, and will make all reasonable accommodations necessary to prevent the Employee’s 's commitment hereunder here- under from materially interfering with the Employee’s 's employment obligations, if any. In no event will the Employee be required to provide more than twenty (20) 20 hours of consulting services in any one month to the Company and the Partnership pursuant to this provision. (d) The parties agree that any breach of this Section 16 13 will result in irreparable harm to the non-breaching party which cannot be fully compensated by monetary damages and accordingly, in the event of any breach or threatened breach of this Section 1613, the non-breaching party shall be entitled to injunctive relief. Should any provision of this Section 16 13 be determined by a court of law or equity to be unreasonable or unenforceable, the parties agree that to the extent it is valid and enforceable, they shall be bound by the same, the intention of the parties being that the parties be given the broadest protection allowed by law or equity with respect to such provision. (e) The provisions of this Section 13 shall survive the termination of this Agreement.

Restrictive Covenants and Consulting Arrangement. (a) The Employee will hold in a fiduciary capacity all secret not use or disclose any confidential information, knowledge or data relating to information of any Innovative Industrial Entity, and each of their respective businesses (Regency Entity without the “Confidential Information”)Company's prior written consent, except in furtherance of the business of the Innovative Industrial Regency Entities or except as may be required by law. Additionally, and without limiting the foregoing, the Employee agrees not to participate in or facilitate the dissemination to the media or any other third party (i) of the Confidential Informationany confidential information concerning any Regency Entity or any employee of any Regency Entity, or (ii) of any damaging or defamatory information concerning any Innovative Industrial Entity or the Employee’s 's experiences as an employee of any Innovative Industrial Regency Entity, without the Company’s 's prior written consent, consent except as may be required by law. Notwithstanding the foregoing, this Section 16(a) paragraph does not apply to information which is already in the public domain other than pursuant to acts through no fault of the Employee or representatives of the Employee in violation of this AgreementEmployee. (b) During the Employee’s 's employment and during the one (1) one-year period after the date that the Employee ceases to be employed by any of the Innovative Industrial Entities for any reason (the “Termination Date”)Regency Entities, the Employee agrees that that: (i) the Employee shall not directly or knowingly and intentionally through another party recruit, induce, solicit or assist any other Person in recruiting, inducing or soliciting (A) any other employee of any Innovative Industrial Regency Entity to leave such employment; (ii) the Employee shall not Compete or personally solicit, induce or assist any other Person in soliciting or inducing (A) any tenant in a shopping center of any Regency Entity that was a tenant on the date of termination of the Employee's employment (the "Termination Date") to terminate a lease, or (B) any tenant, property owner or build-to-suit customer with whom any Regency Entity entered into a lease, acquisition contract, business combination contract, or development contract on the Termination Date to terminate such lease or other Person contract, or (C) any prospective tenant, property owner or prospective build-to-suit customer with which any Innovative Industrial Regency Entity was actively conducting negotiations for employment on the Termination DateDate with respect to a lease, acquisition, business combination or development project to cease such negotiations, unless the Employee was not aware that such negotiations were being conducted. (c) For a six (6) month period following any termination of employmentemployment described in Section 4 hereof, the Employee agrees to make himself available and, upon and as requested by the Company or the Partnership from time to time, to provide consulting services with respect to any projects the Employee was involved in prior to such termination and/or to provide such other consulting services as the Company or the Partnership may reasonably request. The Employee will be reimbursed for reasonable travel and miscellaneous expenses incurred in connection with the provision of requested consulting consult- ing services hereunder. The Company or the Partnership will provide the Employee reasonable advance notice of any request to provide consulting services, and will make all reasonable accommodations necessary to prevent the Employee’s 's commitment hereunder here- under from materially interfering with the Employee’s 's employment obligations, if any. In no event will the Employee be required to provide more than twenty (20) 20 hours of consulting services in any one month to the Company and the Partnership pursuant to this provision. (d) The parties agree that any breach of this Section 16 13 will result in irreparable harm to the non-breaching party which cannot be fully compensated by monetary damages and accordingly, in the event of any breach or threatened breach of this Section 1613, the non-breaching party shall be entitled to injunctive relief. Should any provision of this Section 16 13 be determined by a court of law or equity to be unreasonable or unenforceable, the parties agree that to the extent it is valid and enforceable, they shall be bound by the same, the intention of the parties being that the parties be given the broadest protection allowed by law or equity with respect to such provision. (e) The provisions of this Section 13 shall survive the termination of this Agreement.

Restrictive Covenants and Consulting Arrangement. (a) The Employee will hold in a fiduciary capacity all secret not use or disclose any confidential information, knowledge or data relating to information of any Innovative Industrial Entity, and each of their respective businesses (Regency Entity without the “Confidential Information”)Company's prior written consent, except in furtherance of the business of the Innovative Industrial Regency Entities or except as may be required by law. Additionally, and without limiting the foregoing, the Employee agrees not to participate in or facilitate the dissemination to the media or any other third party (i) of the Confidential Informationany confidential information concerning any Regency Entity or any employee of any Regency Entity, or (ii) of any damaging or defamatory information concerning any Innovative Industrial Entity or the Employee’s 's experiences as an employee of any Innovative Industrial Regency Entity, without the Company’s 's prior written consent, consent except as may be required by law. Notwithstanding the foregoing, this Section 16(a) paragraph does not apply to information which is already in the public domain other than pursuant to acts through no fault of the Employee or representatives of the Employee in violation of this AgreementEmployee. (b) During the Employee’s 's employment and during the one (1) one-year period after the date that the Employee ceases to be employed by any of the Innovative Industrial Entities for any reason (the “Termination Date”)Regency Entities, the Employee agrees that that: (i) the Employee shall not directly or knowingly and intentionally through another party recruit, induce, solicit or assist any other Person in recruiting, inducing or soliciting (A) any other employee of any Innovative Industrial Regency Entity to leave such employment; (ii) the Employee shall not Compete or personally solicit, induce or assist any other Person in soliciting or inducing (A) any tenant in a shopping center of any Regency Entity that was a tenant on the date of termination of the Employee's employment (the "Termination Date") to terminate a lease, or (B) any tenant, property owner or build-to-suit customer with whom any Regency Entity entered into a lease, acquisition contract, business combination contract, or development contract on the Termination Date to terminate such lease or other Person contract, or (C) any prospective tenant, property owner or prospective build-to-suit customer with which any Innovative Industrial Regency Entity was actively conducting negotiations for employment on the Termination DateDate with respect to a lease, acquisition, business combination or development project to cease such negotiations, unless the Employee was not aware that such negotiations were being conducted. (c) For a six (6) month period following any termination of employmentemployment described in Section 4 hereof, the Employee agrees to make himself herself available and, upon and as requested by the Company or the Partnership from time to time, to provide consulting services with respect to any projects the Employee was involved in prior to such termination and/or to provide such other consulting services as the Company or the Partnership may reasonably request. The Employee will be reimbursed for reasonable travel and miscellaneous expenses incurred in connection with the provision of requested consulting services hereunder. The Company or the Partnership will provide the Employee reasonable advance notice of any request to provide consulting services, and will make all reasonable accommodations necessary to prevent the Employee’s 's commitment hereunder here- under from materially interfering with the Employee’s 's employment obligations, if any. In no event will the Employee be required to provide more than twenty (20) 20 hours of consulting services in any one month to the Company and the Partnership pursuant to this provision. (d) The parties agree that any breach of this Section 16 13 will result in irreparable harm to the non-breaching party which cannot be fully compensated by monetary damages and accordingly, in the event of any breach or threatened breach of this Section 1613, the non-breaching party shall be entitled to injunctive relief. Should any provision of this Section 16 13 be determined by a court of law or equity to be unreasonable or unenforceable, the parties agree that to the extent it is valid and enforceable, they shall be bound by the same, the intention of the parties being that the parties be given the broadest protection allowed by law or equity with respect to such provision. (e) The provisions of this Section 13 shall survive the termination of this Agreement.

Restrictive Covenants and Consulting Arrangement. (a) The Employee will hold in a fiduciary capacity all secret not use or disclose any confidential information, knowledge or data relating to information of any Innovative Industrial Entity, and each of their respective businesses (Regency Entity without the “Confidential Information”)Company's prior written consent, except in furtherance of the business of the Innovative Industrial Regency Entities or except as may be required by law. Additionally, and without limiting the foregoing, the Employee agrees not to participate in or facilitate the dissemination to the media or any other third party (i) of the Confidential Informationany confidential information concerning any Regency Entity or any employee of any Regency Entity, or (ii) of any damaging or defamatory information concerning any Innovative Industrial Entity or the Employee’s 's experiences as an employee of any Innovative Industrial Regency Entity, without the Company’s 's prior written consent, consent except as may be required by law. Notwithstanding the foregoing, this Section 16(a) paragraph does not apply to information which is already in the public domain other than pursuant to acts through no fault of the Employee or representatives of the Employee in violation of this AgreementEmployee. (b) During the Employee’s 's employment and during the one (1) one-year period after the date that the Employee ceases to be employed by any of the Innovative Industrial Entities for any reason (the “Termination Date”)Regency Entities, the Employee agrees that that: (i) the Employee shall not directly or knowingly and intentionally through another party recruit, induce, solicit or assist any other Person in recruiting, inducing or soliciting (A) any other employee of any Innovative Industrial Regency Entity to leave such employment; (ii) the Employee shall not Compete or personally solicit, induce or assist any other Person in soliciting or inducing (A) any tenant in a shopping center of any Regency Entity that was a tenant on the date of termination of the Employee's employment (the "Termination Date") to terminate a lease, or (B) any tenant, property owner or build-to-suit customer with whom any Regency Entity entered into a lease, acquisition contract, business combination contract, or development contract on the Termination Date to terminate such lease or other Person contract, or (C) any prospective tenant, property owner or prospective build-to-suit customer with which any Innovative Industrial Regency Entity was actively conducting negotiations for employment on the Termination DateDate with respect to a lease, acquisition, business combination or development project to cease such negotiations, unless the Employee was not aware that such negotiations were being conducted. (c) For a six (6) month period following any termination of employmentemployment described in Section 4 hereof, the Employee agrees to make himself available and, upon and as requested by the Company or the Partnership from time to time, to provide consulting services with respect to any projects the Employee was involved in prior to such termination and/or to provide such other consulting services as the Company or the Partnership may reasonably request. The Employee will be reimbursed for reasonable travel and miscellaneous expenses incurred in connection with the provision of requested consulting services hereunder. The Company or the Partnership will provide the Employee reasonable advance notice of any request to provide consulting services, and will make all reasonable accommodations necessary to prevent the Employee’s 's commitment hereunder from materially interfering with the Employee’s 's employment obligations, if any. In no event will the Employee be required to provide more than twenty (20) 20 hours of consulting services in any one month to the Company and the Partnership pursuant to this provision. (d) The parties agree that any breach of this Section 16 13 will result in irreparable harm to the non-breaching party which cannot be fully compensated by monetary damages and accordingly, in the event of any breach or threatened breach of this Section 1613, the non-breaching party shall be entitled to injunctive relief. Should any provision of this Section 16 13 be determined by a court of law or equity to be unreasonable or unenforceable, the parties agree that to the extent it is valid and enforceable, they shall be bound by the same, the intention of the parties being that the parties be given the broadest protection allowed by law or equity with respect to such provision. (e) The provisions of this Section 13 shall survive the termination of this Agreement.

Restrictive Covenants and Consulting Arrangement. (a) The Employee will hold in a fiduciary capacity all secret not use or disclose any confidential information, knowledge or data relating to information of any Innovative Industrial Entity, and each of their respective businesses (Regency Entity without the “Confidential Information”)Company's prior written consent, except in furtherance of the business of the Innovative Industrial Regency Entities or except as may be required by law. Additionally, and without limiting the foregoing, the Employee agrees not to participate in or facilitate the dissemination to the media or any other third party (i) of the Confidential Informationany confidential information concerning any Regency Entity or any employee of any Regency Entity, or (ii) of any damaging or defamatory information concerning any Innovative Industrial Regency Entity or the Employee’s 's experiences as an employee of any Innovative Industrial Regency Entity, without the Company’s 's prior written consent, consent except as may be required by law. Notwithstanding the foregoing, this Section 16(a) does not apply to information which is already in the public domain other than pursuant to acts through no fault of the Employee or representatives of the Employee in violation of this AgreementEmployee. (b) During the Employee’s 's employment and during the one (1) year period after the date that the Employee ceases to be employed by any of the Innovative Industrial Entities for any reason (the “Termination Date”)Regency Entities, the Employee agrees that that: (i) the Employee shall not directly or knowingly and intentionally through another party recruit, induce, solicit or assist any other Person in recruiting, inducing or soliciting (A) any other employee of any Innovative Industrial Regency Entity to leave such employment or (B) any other Person with which any Innovative Industrial Regency Entity was actively conducting negotiations for employment on the date of termination of the Employee's employment (the “Termination Date”); and (ii) the Employee shall not personally solicit, induce or assist any other Person in soliciting or inducing (A) any tenant in a shopping center of any Regency Entity that was a tenant on the Termination Date to terminate a lease, or (B) any tenant, property owner, co-investment partner or build-to-suit customer with whom any Regency Entity had a lease, acquisition contract, business combination contract, co-investment partnership agreement or development contract on the Termination Date to terminate such lease or other contract, or (C) any prospective tenant, property owner, co-investor partner or build-to-suit customer with which any Regency Entity was actively conducting negotiations on the Termination Date with respect to a lease, acquisition, business combination, co-investment partnership or development project to cease such negotiations. (c) For a six (6) month period following any termination of employment, the Employee agrees to make himself available and, upon and as requested by the Company or the Partnership from time to time, to provide consulting services with respect to any projects the Employee was involved in prior to such termination and/or to provide such other consulting services as the Company or the Partnership may reasonably request. The Employee will be reimbursed for reasonable travel and miscellaneous expenses incurred in connection with the provision of requested consulting services hereunder. The Company or the Partnership will provide the Employee reasonable advance notice of any request to provide consulting services, and will make all reasonable accommodations necessary to prevent the Employee’s 's commitment hereunder from materially interfering with the Employee’s 's employment obligations, if any. In no event will the Employee be required to provide more than twenty (20) hours of consulting services in any one month to the Company and the Partnership pursuant to this provision. (d) The parties agree that any breach of this Section 16 will result in irreparable harm to the non-breaching party which cannot be fully compensated by monetary damages and accordingly, in the event of any breach or threatened breach of this Section 16, the non-breaching party shall be entitled to injunctive relief. Should any provision of this Section 16 be determined by a court of law or equity to be unreasonable or unenforceable, the parties agree that to the extent it is valid and enforceable, they shall be bound by the same, the intention of the parties being that the parties be given the broadest protection allowed by law or equity with respect to such provision.

Restrictive Covenants and Consulting Arrangement. (a) The Employee will hold in a fiduciary capacity all secret not use or disclose any confidential information, knowledge or data relating to information of any Innovative Industrial Entity, and each of their respective businesses (Regency Entity without the “Confidential Information”)Company's prior written consent, except in furtherance of the business of the Innovative Industrial Regency Entities or except as may be required by law. Additionally, and without limiting the foregoing, the Employee agrees not to participate in or facilitate the dissemination to the media or any other third party (i) of the Confidential Informationany confidential information concerning any Regency Entity or any employee of any Regency Entity, or (ii) of any damaging or defamatory information concerning any Innovative Industrial Entity or the Employee’s 's experiences as an employee of any Innovative Industrial Regency Entity, without the Company’s 's prior written consent, consent except as may be required by law. Notwithstanding the foregoing, this Section 16(a) paragraph does not apply to information which is already in the public domain other than pursuant to acts through no fault of the Employee or representatives of the Employee in violation of this AgreementEmployee. (b) During the Employee’s 's employment and during the one (1) one-year period after the date that the Employee ceases to be employed by any of the Innovative Industrial Entities for any reason (the “Termination Date”)Regency Entities, the Employee agrees that that: (i) the Employee shall not directly or knowingly and intentionally through another party recruit, induce, solicit or assist any other Person in recruiting, inducing or soliciting (A) any other employee of any Innovative Industrial Regency Entity to leave such employment; (ii) the Employee shall not personally solicit, induce or assist any other Person in soliciting or inducing (A) any tenant in a shopping center of any Regency Entity that was a tenant on the date of termination of the Employee's employment (the "Termination Date") to terminate a lease, or (B) any tenant, property owner or build-to-suit customer with whom any Regency Entity entered into a lease, acquisition contract, business combination contract, or development contract on the Termination Date to terminate such lease or other Person contract, or (C) any prospective tenant, property owner or prospective build-to-suit customer with which any Innovative Industrial Regency Entity was actively conducting negotiations for employment on the Termination DateDate with respect to a lease, acquisition, business combination or development project to cease such negotiations, unless the Employee was not aware that such negotiations were being conducted. (c) For a six (6) month period following any termination of employmentemployment described in Section 4 hereof, the Employee agrees to make himself available and, upon and as requested by the Company or the Partnership from time to time, to provide consulting services with respect to any projects the Employee was involved in prior to such termination and/or to provide such other consulting services as the Company or the Partnership may reasonably request. The Employee will be reimbursed for reasonable travel and miscellaneous expenses incurred in connection with the provision of requested consulting services hereunder. The Company or the Partnership will provide the Employee reasonable advance notice of any request to provide consulting services, and will make all reasonable accommodations necessary to prevent the Employee’s 's commitment hereunder from materially interfering with the Employee’s 's employment obligations, if any. In no event will the Employee be required to provide more than twenty (20) 20 hours of consulting services in any one month to the Company and the Partnership pursuant to this provision. (d) The parties agree that any breach of this Section 16 13 will result in irreparable harm to the non-breaching party which cannot be fully compensated by monetary damages and accordingly, in the event of any breach or threatened breach of this Section 1613, the non-breaching party shall be entitled to injunctive relief. Should any provision of this Section 16 13 be determined by a court of law or equity to be unreasonable or unenforceable, the parties agree that to the extent it is valid and enforceable, they shall be bound by the same, the intention of the parties being that the parties be given the broadest protection allowed by law or equity with respect to such provision. (e) The provisions of this Section 13 shall survive the termination of this Agreement.

Restrictive Covenants and Consulting Arrangement. (a) The Employee will hold in a fiduciary capacity all secret not use or disclose any confidential information, knowledge or data relating to information of any Innovative Industrial Entity, and each of their respective businesses (Regency Entity without the “Confidential Information”)Company's prior written consent, except in furtherance of the business of the Innovative Industrial Regency Entities or except as may be required by law. Additionally, and without limiting the foregoing, the Employee agrees not to participate in or facilitate the dissemination to the media or any other third party (i) of the Confidential Informationany confidential information concerning any Regency Entity or any employee of any Regency Entity, or (ii) of any damaging or defamatory information concerning any Innovative Industrial Entity or the Employee’s 's experiences as an employee of any Innovative Industrial Regency Entity, without the Company’s 's prior written consent, consent except as may be required by law. Notwithstanding the foregoing, this Section 16(a) paragraph does not apply to information which is already in the public domain other than pursuant to acts through no fault of the Employee or representatives of the Employee in violation of this AgreementEmployee. (b) During the Employee’s 's employment and during the one (1) one-year period after the date that the Employee ceases to be employed by any of the Innovative Industrial Entities for any reason (the “Termination Date”)Regency Entities, the Employee agrees that that: (i) the Employee shall not directly or knowingly and intentionally through another party recruit, induce, solicit or assist any other Person in recruiting, inducing or soliciting (A) any other employee of any Innovative Industrial Regency Entity to leave such employment; (ii) the Employee shall not personally solicit, induce or assist any other Person in soliciting or inducing (A) any tenant in a shopping center of any Regency Entity that was a tenant on the date of termination of the Employee's employment (the "Termination Date") to terminate a lease, or (B) any tenant, property owner or build-to-suit customer with whom any Regency Entity entered into a lease, acquisition contract, business combination contract, or development contract on the Termination Date to terminate such lease or other Person contract, or (C) any prospective tenant, property owner or prospective build-to-suit customer with which any Innovative Industrial Regency Entity was actively conducting negotiations for employment on the Termination DateDate with respect to a lease, acquisition, business combination or development project to cease such negotiations, unless the Employee was not aware that such negotiations were being conducted. (c) For a six (6) month period following any termination of employmentemployment described in Section 4 hereof, the Employee agrees to make himself available and, upon and as requested by the Company or the Partnership from time to time, to provide consulting services with respect to any projects the Employee was involved in prior to such termination and/or to provide such other consulting services as the Company or the Partnership may reasonably request. The Employee will be reimbursed for reasonable travel and miscellaneous expenses incurred in connection with the provision of requested consulting services hereunder. The Company or the Partnership will provide the Employee reasonable advance notice of any request to provide consulting services, and will make all reasonable accommodations necessary to prevent the Employee’s 's commitment hereunder here- under from materially interfering with the Employee’s 's employment obligations, if any. In no event will the Employee be required to provide more than twenty (20) 20 hours of consulting services in any one month to the Company and the Partnership pursuant to this provision. (d) The parties agree that any breach of this Section 16 13 will result in irreparable harm to the non-breaching party which cannot be fully compensated by monetary damages and accordingly, in the event of any breach or threatened breach of this Section 1613, the non-breaching party shall be entitled to injunctive relief. Should any provision of this Section 16 13 be determined by a court of law or equity to be unreasonable or unenforceable, the parties agree that to the extent it is valid and enforceable, they shall be bound by the same, the intention of the parties being that the parties be given the broadest protection allowed by law or equity with respect to such provision. (e) The provisions of this Section 13 shall survive the termination of this Agreement.