Termination; Non-Compete. Your employment with the Company may be terminated pursuant to this Section 8. In addition, to the payments provided in this Section 8, following any termination, you will be entitled to all other benefits, if any, due you in accordance with the plans, policies and practices of the Company but you will not at any time participate in any severance plan, policy or program of the Company.
Termination; Non-Compete. Employee acknowledges that the nature of the Company's business is such that if Employee were to become employed by, consult for, or substantially involved in, the business of certain competitors of the Company during the twelve (12) months following the termination of Employee's service with the Company, it would be very difficult for Employee not to rely on or use the Company's trade secrets and confidential information. Thus, to avoid the actual or threatened misappropriation of the Company's trade secrets and confidential information, Employee agrees not to directly or indirectly engage in (whether as an employee, consultant, agent, proprietor, principal, partner, stockholder, corporate officer, director or otherwise), nor have any ownership interest in or participate in the financing, operation, management or control of, any person, firm, corporation or business that is directly competitive with Company (other than investments in professionally managed funds over which the Employee does not have control or discretion in investment decisions and investments in publicly traded companies, so long as the Employee's beneficial ownership does not exceed 2% of the public companies outstanding voting stock). For the purposes of this paragraph, and to eliminate any uncertainty, the Parties agree that for purposes of identifying companies or businesses that are directly competitive with Company, this paragraph shall only prevent Employee from working for the search divisions of the following companies: Google, Inc. and AOL Search (the Prohibited List). Employee acknowledges and agrees that the Company retains the right to modify the Prohibited List from time to time (but there may never be more than two (2) entities listed). In the event that the Company elects to make such a modification, it will provide written notice to the Employee of the change; provided, however, that the Company agrees that any such change shall not preclude the Employee from working for any newly added company where the Employee can represent that at the time of the notice of modification, the Employee was already interviewing with the newly added company. Employee represents that he (i) is familiar with the foregoing covenant not to compete, and (ii) is fully aware of his obligations hereunder, including, without limitation, the reasonableness of the length of time, scope and geographic coverage of this covenant.
Termination; Non-Compete. The following language is added as Section 1.17 to the Exhibit 11.8: Notwithstanding anything in the agreement to the contrary, if the agreement terminates because of Manager's purchase of the Disaggregated License, Sprint PCS will not, for three years after the date of the termination compile, create or use for the purpose of selling merchandise or services, or sell, transfer or otherwise convey to a third party, a list of customers, who have been transferred to Manager under Section 11.4(d), who purchased, leased or used any Sprint PCS Products and Services. Sprint PCS may use such a list for its own internal analysis of its business practices and operations and Sprint PCS agrees not to solicit such customers directly for 2 years after the termination of this agreement, except that Sprint PCS' advertising through mass media or bulk mailings will not be considered a solicitation of Manager's customers.
