Common use of Non-Disclosure and Non-Competition Clause in Contracts

Non-Disclosure and Non-Competition. A. The Executive recognizes and acknowledges that he will have access to certain confidential information of the Company, including but not limited to, trade, secrets, customer lists, sales records and other proprietary commercial information, and that such information constitutes valuable, special and unique property of the Company. The Executive agrees that he will not, for any reason or purpose whatsoever, during or after the term of his employment, disclose any such confidential information to any party without the express authorization of the Company, except as necessary in the ordinary course of performing his duties hereunder. B. The Executive agrees that during the term of his employment with the Company and for a period of fifteen (15) months following the termination of his employment, however occurring, the Executive shall not engage in any Competitive Activity. For purpose of this Agreement, "Competitive Activity" shall mean the Executive's participation, without the written consent of the Company, in the management of any business operation of any enterprise if such operation (a "Competitive Operation") engages in substantial and direct competition with any business operation actively conducted by the Company or its subsidiaries. "Competitive Activity" shall not include (i) the mere ownership of securities in any enterprise or (ii) participation in the management of any enterprise or any business operation thereof, other than in connection with a Competitive Operation of such enterprise. Franchising, wholesaling, or retailing products or services other than those made available through the business operations actively conducted by the Company or its subsidiaries shall not be deemed to be a Competitive Activity for purposes of this Section 7.B.

Non-Disclosure and Non-Competition. A. The Executive --------- ------------------------------------- recognizes and acknowledges that he will have access to certain confidential information of the Company, including but not limited to, trade, secrets, customer lists, sales records and other proprietary commercial information, and that such information constitutes valuable, special and unique property of the Company. The Executive agrees that he will not, for any reason or purpose whatsoever, during or after the term of his employment, disclose any such confidential information to any party without the express authorization of the Company, except as necessary in the ordinary course of performing his duties hereunder. B. The Executive agrees with the Company that during the term of his employment with the Company and for a such longer period of fifteen (15) months following as the termination of his employment, however occurringExecutive shall be receiving payments under Section 6.D. above, the Executive shall not engage in any Competitive Activity. For purpose of this Agreement, "Competitive Activity" shall mean the Executive's participation, without the written consent of the Company, in the management of any business operation of any enterprise if such operation (a "Competitive Operation") engages in substantial and direct competition with any business operation actively conducted by the Company or its subsidiaries. "Competitive Activity" shall not include (i) the mere ownership of securities in any enterprise or (ii) participation in the management of any enterprise or any business operation thereof, other than in connection with a Competitive Operation of such enterprise. Franchising, wholesaling, or retailing products or services other than those made available through the business operations actively conducted by the Company or its subsidiaries shall not be deemed to be a Competitive Activity for purposes of this Section 7.B..

Non-Disclosure and Non-Competition. A. The Executive recognizes and acknowledges that he will have access to certain confidential information of the Company, including but not limited to, trade, secrets, customer lists, sales records and other proprietary commercial information, and that such information constitutes valuable, special and unique property of the Company. The Executive agrees that he will not, for any reason or purpose whatsoever, during or after the term of his employment, disclose any such confidential information to any party without the express authorization of the Company, except as necessary in the ordinary course of performing his duties hereunder. B. The Executive agrees with the Company that during the term of his employment with the Company and for a such longer period of fifteen (15) months following as the termination of his employment, however occurringExecutive shall be receiving payments under Section 6.D. above, the Executive shall not engage in any Competitive Activity. For purpose of this Agreement, "Competitive Activity" shall mean the Executive's participation, without the written consent of the Company, in the management of any business operation of any enterprise if such operation (a "Competitive Operation") engages in substantial and direct competition with any business operation actively conducted by the Company or its subsidiaries. "Competitive Activity" shall not include (i) the mere ownership of securities in any enterprise or (ii) participation in the management of any enterprise or any business operation thereof, other than in connection with a Competitive Operation of such enterprise. Franchising, wholesaling, or retailing products or services other than those made available through the business operations actively conducted by the Company or its subsidiaries shall not be deemed to be a Competitive Activity for purposes of this Section 7.B..

Non-Disclosure and Non-Competition. A. The Executive ----------- ------------------------------------ recognizes and acknowledges that he will have access to certain confidential information of the Company, including but not limited to, trade, secrets, customer lists, sales records and other proprietary commercial information, and that such information constitutes valuable, special and unique property of the Company. The Executive agrees that he will not, for any reason or purpose whatsoever, during or after the term of his employment, disclose any such confidential information to any party without the express authorization of the Company, except as necessary in the ordinary course of performing his duties hereunder. B. The Executive agrees with the Company that during the term of his employment with the Company and for a such longer period of fifteen (15) months following as the termination of his employment, however occurringExecutive shall be receiving payments under Section 6.D. above, the Executive shall not engage in any Competitive Activity. For purpose of this Agreement, "Competitive Activity" shall mean the Executive's participation, without the written consent of the Company, in the management of any business operation of any enterprise if such operation (a "Competitive Operation") engages in substantial and direct competition with any business operation actively conducted by the Company or its subsidiaries. "Competitive Activity" shall not include (i) the mere ownership of securities in any enterprise or (ii) participation in the management of any enterprise or any business operation thereof, other than in connection with a Competitive Operation of such enterprise. Franchising, wholesaling, or retailing products or services other than those made available through the business operations actively conducted by the Company or its subsidiaries shall not be deemed to be a Competitive Activity for purposes of this Section 7.B..