OMNIBUS LIMITED WAIVER
Exhibit 10.52
WHEREAS, Dollar General Corporation, a Tennessee corporation (the “Company”), previously entered into an employment agreement (the “Employment Agreement”) with each of the current or former employees of the Company listed on Exhibit A attached hereto (collectively, the “Employees”); and
WHEREAS, the Company previously entered into an employment transition agreement with Xx. Xxxxxxx X. Xxxxxxxx (the “Employment Transition Agreement” and, together with the Employment Agreement, the “Agreements”); and
WHEREAS, Section 19 or Section 20, as applicable of each Employment Agreement and Section 15 of the Employment Transition Agreement provide that each of the Employees agrees not to accept, obtain or work in a Competitive Position (as defined in the Agreements) for a company or entity that operates anywhere within the Territory (as defined in the Agreements) for a specified period of time following the termination of Employee’s employment (the “Non-Compete Provision”); and
WHEREAS, the Company no longer considers BJ’s Wholesale Club, currently included in the definition of “Competitive Position” set forth in Section 15(b)(i) or Section 16(b)(i), as applicable, of each Employment Agreement and Section 11(b)(i) of the Employment Transition Agreement, to be a competitor solely for purposes of the Non-Compete Provision.
NOW, THEREFORE:
1. The Company hereby waives its right to enforce, either now or in the future, under each of the Agreements, the Non-Compete Provision with respect to BJ’s Wholesale Club.
2. Except as specifically provided in Section 1 above, the Company does not waive the right to otherwise enforce the Non-Compete Provision or any other provision of the Agreements, and all terms and provisions of the Agreements shall remain in full force and effect, unchanged and unmodified.
3. The Company retains the right to include BJ’s Wholesale Club as a competitor in any future employment agreement or other agreement that it may enter into from time to time with any of the Employees.
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Date: |
1/28/2016 |
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DOLLAR GENERAL CORPORATION | |
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By: |
/s/ Xxx Xxxxxxx | ||
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Printed Name: Xxx Xxxxxxx | ||
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Title: EVP | ||
Exhibit A to
Xxxx X. Xxxxxx
Xxxx X. Xxxxx
Xxxxx X. D’Arezzo
Xxxxxx X. Xxxxxxx
Xxxxxxx X. Xxxxxxxx
Xxxxx X. Xxxxxxx
Xxxx X. Xxxxxxxx
Xxxx X. Xxxxxxx
Xxxxxxxx X. Xxxxx
Xxxxxxx X. Xxxxxxxx
Xxxxxxx X. Xxxxx
Xxxxx X. Xxxx
Xxxxxxx X. Xxxx
Xxxxxx X. Xxxxxx
Xxxxxxx X. Xxxx
Xxxxxx X. Xxxxxxx
Xxxxxxx X. Xxxxxx
Xxxxxx X. Xxxxxxxxxx
Xxxxx X. Xxxxxx
Xxxxxx X. Xxxxxx
Xxxxx X. Xxxxx
Xxxxx X. Xxxxxx
Xxxx X. Xxxxx
