Common use of Restricted Activity Clause in Contracts

Restricted Activity. In the event that the Executive’s employment terminates as specified in this Section 3.4, Executive agrees not to engage in any Restricted Activity (as defined below) during the Continuance Period. If the Executive engages in any Restricted Activity during the Continuance Period, all continuing payments and benefits to which the Executive otherwise may be entitled pursuant to Section 3.4 will cease immediately. For purposes of this Agreement, the Executive will be deemed to have engaged in “Restricted Activity” if the Executive, without the written consent of the Board, works as an employee, officer, director, consultant, contractor, adviser, or agent of any of the following companies: CSID, Experian, Equifax, TransUnion, Intersections, Affinion, EWS, Credit Karma, AllClearID, and Infoarmor, but only if the Executive’s services for such company is (A) in a business unit that conducts business substantially similar to a business of the Company for which the Executive provided more than de minimis services during the three years prior to the termination of the Executive’s employment with the Company, and (B) in a geographic area in which, at the time of termination of the Executive’s employment with the Company, the Company conducted material business. The Board or CEO may revise the list of applicable companies (which list shall not exceed ten companies) at any time upon notice to the Executive, provided that no changes shall be permitted on or after the eleventh business day following the Executive’s termination of employment.