COMPANY' DISCRETION TO ENFORCE NON-COMPETE Sample Clauses

COMPANY' DISCRETION TO ENFORCE NON-COMPETE. If the Executive's employment is terminated by the Executive for any reason prior to the occurrence of 3 4 a Change of Control, the Company may, in its sole discretion, choose to enforce or not to enforce the non-compete provision set forth in Section 4(a) for a period of twelve (12) months after the Executive's employment is terminated. If the Company chooses to enforce Section 4(a) after the Executive terminates his employment with the Company prior to a Change of Control, the Company shall continue to pay and provide to the Executive the Severance Payments for a one (1) year period following the Date of Termination, reduced by the amount, if any, that the Executive earns from any other new employment or self-employment during such one (1) year period, and the Employee Benefits; provided, however, that the Employee Benefits shall cease within five (5) business days of the commencement of any new employment or self-employment during such one (1) year period and provided further that the Executive continues to comply with his obligations under Section 4(a) set forth above. Nothing in this Section 5(b) shall limit the provisions of Section 7.