Common use of COMPETITION, ETC Clause in Contracts

COMPETITION, ETC. (a) Until the termination of the Executive's employment hereunder and during the two-year period following the termination of the Executive's employment hereunder for any reason whatsoever, the Executive will not make any statement or perform any act intended to advance an interest of any existing or prospective competitor of the Company or any of its Affiliates in any way that will or may injure an interest of the Company or any of its Affiliates in its relationship and dealings with existing or potential suppliers or customers, or solicit or encourage any other employee of the Company or any of its Affiliates to do any act that is disloyal to the Company or any of its Affiliates, inconsistent with the interest of the Company or any of its Affiliate's interests or in violation of any provision of this Agreement. (b) Until the termination of the Executive's employment hereunder and during the two-year period following the termination of the Executive's employment hereunder for any reason whatsoever, the Executive will not directly or indirectly (as an Executive, officer, director, manager, consultant, independent contractor, advisor or otherwise) engage in competition with, or acquire any proprietary interest in, perform any services for, lend his name to, participate in or be connected with any entity that owns or operates any "Southwestern style" restaurants that feature Tex-Mex items (excluding restaurants that predominantly serve steak or that derive less than 10% of their revenues from Tex-Mex or Mexican items) and are located or intended to be located anywhere within a radius of ten (10) miles of any Tumbleweed restaurant open or proposed to be opened at such time. (c) Until the termination of the Executive's employment hereunder, the Executive will not directly or indirectly solicit for employment, or advise or recommend to any other person that they employ or solicit for employment, any employee of the Company or any of its Affiliates. During the two year period following the termination of the Executive's employment hereunder, the Executive will not directly or indirectly solicit for employment, or advise or recommend to any person that they employ or solicit for employment, any person who was an employee of the Company as of, or within (90) days prior to, the date of such termination.