Common use of Post-Employment Restrictions Clause in Contracts

Post-Employment Restrictions. (a) Following the termination of Executive’s employment, for whatever reason and by whatever party, and during any Restrictive Period, Executive will not, directly or indirectly, on her own behalf or on behalf of any other person or entity: (i) enter into or engage in any business that provides Competitive Products or Competitive Services within the Restricted Areas; (ii) solicit or accept orders for Competitive Products from any person or entity upon whom she called or with whom she had direct or indirect contact on behalf of the Company and who at the time of such conduct is a customer or client of the Company; (iii) solicit or accept orders for Competitive Products from any person or entity who was a customer or client of the Company during her engagement and who at the time of such conduct is a customer or client of the Company; (iv) solicit or accept orders for Competitive Products from any person or entity who at the time of such conduct is a customer or client of the Company; (v) encourage, entice, induce, or influence, directly or indirectly, any person or entity not to do business with the Company; (vi) encourage, entice, induce, or influence, directly or indirectly, any person to terminate her or her employment with the Company; or (vii) hire, retain, or offer to hire or retain for the performance of any service in connection with the marketing, distribution, or sale of any Competitive Product any person who at the time of such conduct is an employee of the Company or who was an employee of the Company within the 180-day prior to such conduct. (b) The Restrictive Periods are: (a) the 90-day period commencing on the termination of Executive’s employment with the Company (the “First Restrictive Period”); and (b) the 90-day period commencing on the expiration of the First Restrictive Period (the “Second Restrictive Period”); and (c) the 90-day period commencing on the expiration of the Second Restrictive Period (the “Third Restrictive Period”); and (d) the 90-day period commencing on the expiration of the Third Restrictive Period (the “Fourth Restrictive Period”). (c) The term of any Restrictive Period set forth in this Agreement will be tolled for any time during which Executive is in violation of any provision of this Agreement and for any time during which there is pending any action or arbitration (including any appeal from any final judgment) brought by any person, whether or not a party to this Agreement, in which action the Company seeks to enforce this Agreement or in which any person contests the validity of such agreements and covenants or their enforceability, or seeks to avoid their performance or enforcement.

Post-Employment Restrictions. (a) Following the termination of Executive’s employment, for whatever reason and by whatever party, and during any Restrictive Period, Executive will not, directly or indirectly, on her his own behalf or on behalf of any other person or entity: (i) enter into or engage in any business that provides Competitive Products or Competitive Services within the Restricted Areas; (ii) solicit or accept orders for Competitive Products from any person or entity upon whom she he called or with whom she he had direct or indirect contact on behalf of the Company and who at the time of such conduct is a customer or client of the Company; (iii) solicit or accept orders for Competitive Products from any person or entity who was a customer or client of the Company during her his engagement and who at the time of such conduct is a customer or client of the Company; (iv) solicit or accept orders for Competitive Products from any person or entity who at the time of such conduct is a customer or client of the Company; (v) encourage, entice, induce, or influence, directly or indirectly, any person or entity not to do business with the Company; (vi) encourage, entice, induce, or influence, directly or indirectly, any person to terminate her his or her his employment with the Company; or (vii) hire, retain, or offer to hire or retain for the performance of any service in connection with the marketing, distribution, or sale of any Competitive Product any person who at the time of such conduct is an employee of the Company or who was an employee of the Company within the 180-day prior to such conduct. (b) The Restrictive Periods are: (a) the 90-day period commencing on the termination of Executive’s employment with the Company (the “First Restrictive Period”); and (b) the 90-day period commencing on the expiration of the First Restrictive Period (the “Second Restrictive Period”); and (c) the 90-day period commencing on the expiration of the Second Restrictive Period (the “Third Restrictive Period”); and (d) the 90-day period commencing on the expiration of the Third Restrictive Period (the “Fourth Restrictive Period”). (c) The term of any Restrictive Period set forth in this Agreement will be tolled for any time during which Executive is in violation of any provision of this Agreement and for any time during which there is pending any action or arbitration (including any appeal from any final judgment) brought by any person, whether or not a party to this Agreement, in which action the Company seeks to enforce this Agreement or in which any person contests the validity of such agreements and covenants or their enforceability, or seeks to avoid their performance or enforcement.

Post-Employment Restrictions. Executive acknowledges that during her employment with Pentair and her work for Pentair and its subsidiaries, she has become intimately familiar with trade secrets, know-how, executive personnel, business strategies, product development, proprietary information and Confidential Information concerning the business of Pentair and other members of the Pentair controlled group of companies (athe “Group”). In consideration for the benefits paid to Executive under this Agreement, Executive agrees that she shall not either directly or indirectly, for a period of two (2) Following years following her last day of employment with Employer (the termination “Separation Date”), do any of the following: a. own, manage, control, be employed by, participate in, consult with or render services of any kind for any concern which engages in a business which is competitive with any business being conducted, or contemplated being conducted, by the Group as of the Separation Date; b. become an employee or agent of any corporation or other entity, or any division or subsidiary of such a corporation or entity, where more than five percent (5%) of such organization’s business is in competition with any business being conducted, or contemplated being conducted, by the Group as of the Separation Date; c. participate in any plan or attempt to acquire the business or assets of the Group or control of the voting stock of any member thereof, or in any manner interfere with the control of Pentair, whether by friendly or unfriendly means unless by the discretion of the Compensation Committee her participation is deemed acceptable; d. solicit, offer to provide, provide, sell or offer to sell any service or product similar to those which the Group sells to: (i) any customer with whom Executive (or other employees or agents under Executive’s supervision) has had contact or for whom Executive (or other employees or agents under Executive’s supervision) has performed services during the term of Executive’s employment, for whatever reason and by whatever party, and during any Restrictive Period, Executive will not, directly ; or indirectly, on her own behalf or on behalf of any other person or entity: (i) enter into or engage in any business that provides Competitive Products or Competitive Services within the Restricted Areas; (ii) any prospective customer who has been solicited by Employer or who has approached the Group and with whom Executive (or any other employee or agent under the Executive’s supervision) has had contact or for whom Executive (or other employees or agents under Executive’s supervision) has attempted to perform services during the term of Executive’s employment; or e. solicit any of the Group’s employees for the purpose of hiring them or accept orders for Competitive Products from inducing them to leave their employment with the Group, nor will Executive own, manage, operate, join, control, consult with, participate in the ownership, management, operation or control of, be employed by, or be connected in any manner with any person or entity upon whom she called or with whom she had direct or indirect contact on behalf of which engages in the Company and who at conduct proscribed by this paragraph during the time of such conduct is a customer or client of the Company; (iii) solicit or accept orders for Competitive Products from any person or entity who was a customer or client of the Company during her engagement and who at the time of such conduct is a customer or client of the Company; (iv) solicit or accept orders for Competitive Products from any person or entity who at the time of such conduct is a customer or client of the Company; (v) encourage, entice, induce, or influence, directly or indirectly, any person or entity not to do business with the Company; (vi) encourage, entice, induce, or influence, directly or indirectly, any person to terminate her or her employment with the Company; or (vii) hire, retain, or offer to hire or retain for the performance of any service in connection with the marketing, distribution, or sale of any Competitive Product any person who at the time of such conduct is an employee of the Company or who was an employee of the Company within the 180-day prior to such conduct. (b) The Restrictive Periods are: (a) the 90-day period commencing on the termination term of Executive’s employment with the Company (the “First Restrictive Period”); and (b) the 90-day period commencing on the expiration of the First Restrictive Period (the “Second Restrictive Period”); and (c) the 90-day period commencing on the expiration of the Second Restrictive Period (the “Third Restrictive Period”); and (d) the 90-day period commencing on the expiration of the Third Restrictive Period (the “Fourth Restrictive Period”). (c) The term of any Restrictive Period set forth in this Agreement will be tolled for any time during which Executive is in violation of any provision of this Agreement and for any time during which there is pending any action or arbitration a period of (including any appeal from any final judgment2) brought by any person, whether or not a party to this Agreement, in which action years following the Company seeks to enforce this Agreement or in which any person contests the validity of such agreements and covenants or their enforceability, or seeks to avoid their performance or enforcementSeparation Date.

Post-Employment Restrictions. (a) Following the termination of Executive’s employment, for whatever reason and by whatever party, and during any Restrictive Period, Executive will not, directly or indirectly, on her own behalf or on behalf of any other person or entity: (i) enter into or engage in any business that provides Competitive Products or Competitive Services within the Restricted Areas; (ii) solicit or accept orders for Competitive Products from any person or entity upon whom she called or with whom she had direct or indirect contact on behalf of the Company and who at the time of such conduct is a customer or client of the Company; (iii) solicit or accept orders for Competitive Products from any person or entity who was a customer or client of the Company during her engagement and who at the time of such conduct is a customer or client of the Company; (iv) solicit or accept orders for Competitive Products from any person or entity who at the time of such conduct is a customer or client of the Company; (v) encourage, entice, induce, or influence, directly or indirectly, any person or entity not to do business with the Company; (vi) encourage, entice, induce, or influence, directly or indirectly, any person to terminate her or her employment with the Company; or (vii) hire, retain, or offer to hire or retain for the performance of any service in connection with the marketing, distribution, or sale of any Competitive Product any person who at the time of such conduct is an employee of the Company or who was an employee of the Company within the 180-day prior to such conduct. (viii) solicit or accept orders for Competitive Services from any person or entity upon whom she called or with whom she had direct or indirect contact on behalf of the Company and who at the time of such conduct is a customer or client of the Company; (ix) solicit or accept orders for Competitive Services from any person or entity who was a customer or client of the Company during her engagement and who at the time of such conduct is a customer or client of the Company; (x) solicit or accept orders for Competitive Services from any person or entity who at the time of such conduct is a customer or client of the Company. (b) The Restrictive Periods are: (a) the 90-day period commencing on the termination of Executive’s employment with the Company (the “First Restrictive Period”); and (b) the 90-day period commencing on the expiration of the First Restrictive Period (the “Second Restrictive Period”); and (c) the 90-day period commencing on the expiration of the Second Restrictive Period (the “Third Restrictive Period”); and (d) the 90-day period commencing on the expiration of the Third Restrictive Period (the “Fourth Restrictive Period”). (c) The term of any Restrictive Period set forth in this Agreement will be tolled for any time during which Executive is in violation of any provision of this Agreement and for any time during which there is pending any action or arbitration (including any appeal from any final judgment) brought by any person, whether or not a party to this Agreement, in which action the Company seeks to enforce this Agreement or in which any person contests the validity of such agreements and covenants or their enforceability, or seeks to avoid their performance or enforcement.

Post-Employment Restrictions. Executive acknowledges that during his employment with Pentair and his work for Pentair and its subsidiaries, he has become intimately familiar with trade secrets, know-how, executive personnel, business strategies, product development, proprietary information and Confidential Information concerning the business of Pentair and other members of the Pentair controlled group of companies (athe “Group”). In consideration for the benefits paid to Executive under this Agreement, Executive agrees that he shall not either directly or indirectly, for a period of two (2) Following years following his last day of employment with Employer (the termination “Separation Date”), do any of the following: a. own, manage, control, be employed by, participate in, consult with or render services of any kind for any concern which engages in a business which is competitive with any business being conducted, or contemplated being conducted, by the Group as of the Separation Date; b. become an employee or agent of any corporation or other entity, or any division or subsidiary of such a corporation or entity, where more than five percent (5%) of such organization’s business, based on consideration of percentage of revenues, assets, and people, is in competition with any business being conducted, or contemplated being conducted, by the Group as of the Separation Date; c. participate in any plan or attempt to acquire the business or assets of the Group or control of the voting stock of any member thereof, or in any manner interfere with the control of Pentair, whether by friendly or unfriendly means, unless by the discretion of the Compensation Committee his participation is deemed acceptable; d. solicit, offer to provide, provide, sell or offer to sell any service or product similar to those which the Group sells to: (i) any customer with whom Executive (or other employees or agents under Executive’s supervision) has had contact or for whom Executive (or other employees or agents under Executive’s supervision) has performed services during the term of Executive’s employment, for whatever reason and by whatever party, and during any Restrictive Period, Executive will not, directly ; or indirectly, on her own behalf or on behalf of any other person or entity: (i) enter into or engage in any business that provides Competitive Products or Competitive Services within the Restricted Areas; (ii) any prospective customer who has been solicited by Employer or who has approached the Group and with whom Executive (or any other employee or agent under the Executive’s supervision) has had contact or for whom Executive (or other employees or agents under Executive’s supervision) has attempted to perform services during the term of Executive’s employment; or e. solicit any of the Group’s employees for the purpose of hiring them or accept orders for Competitive Products from inducing them to leave their employment with the Group, nor will Executive own, manage, operate, join, control, consult with, participate in the ownership, management, operation or control of, be employed by, or be connected in any manner with any person or entity upon whom she called or with whom she had direct or indirect contact on behalf of which engages in the Company and who at conduct proscribed by this paragraph during the time of such conduct is a customer or client of the Company; (iii) solicit or accept orders for Competitive Products from any person or entity who was a customer or client of the Company during her engagement and who at the time of such conduct is a customer or client of the Company; (iv) solicit or accept orders for Competitive Products from any person or entity who at the time of such conduct is a customer or client of the Company; (v) encourage, entice, induce, or influence, directly or indirectly, any person or entity not to do business with the Company; (vi) encourage, entice, induce, or influence, directly or indirectly, any person to terminate her or her employment with the Company; or (vii) hire, retain, or offer to hire or retain for the performance of any service in connection with the marketing, distribution, or sale of any Competitive Product any person who at the time of such conduct is an employee of the Company or who was an employee of the Company within the 180-day prior to such conduct. (b) The Restrictive Periods are: (a) the 90-day period commencing on the termination term of Executive’s employment with the Company (the “First Restrictive Period”); and (b) the 90-day period commencing on the expiration of the First Restrictive Period (the “Second Restrictive Period”); and (c) the 90-day period commencing on the expiration of the Second Restrictive Period (the “Third Restrictive Period”); and (d) the 90-day period commencing on the expiration of the Third Restrictive Period (the “Fourth Restrictive Period”). (c) The term of any Restrictive Period set forth in this Agreement will be tolled for any time during which Executive is in violation of any provision of this Agreement and for any time during which there is pending any action or arbitration a period of (including any appeal from any final judgment2) brought by any person, whether or not a party to this Agreement, in which action years following the Company seeks to enforce this Agreement or in which any person contests the validity of such agreements and covenants or their enforceability, or seeks to avoid their performance or enforcementSeparation Date.