Common use of Covenant Against Competition; Other Covenants Clause in Contracts

Covenant Against Competition; Other Covenants. The Executive acknowledges that (i) the principal business of the Company (which, for purposes of this Section 6 shall include the Company and each of its subsidiaries and affiliates) is the provision of a broad range of services designed to promote the cost-effective delivery of pharmacy benefits, including pharmacy benefit management services, claims processing and/or the purchasing of pharmaceutical products on behalf of pharmacy networks and long term care facilities (including assisted living facilities and nursing homes) (such business, and any and all other businesses that after the date hereof, and from time to time during the Term, become material with respect to the Company's then-overall business, herein being collectively refereed to as the "Business'); (ii) the Company is dependent on the efforts of a certain limited number of persons who have developed, or will be responsible for developing the Company's Business, (iii) the Company's Business is national in scope; (iv) the Executive's work for the Company has given and will continue to give him access to confidential affairs and proprietary information of the Company; (v) the covenants and agreements of the Executive contained in this Section 6 are essential to the business and goodwill of the Company; and (vi) the Company would not have entered into do Agreement but for the covenants and agreements set forth in this Section 6. Accordingly, the Executive covenants and agrees that:

Covenant Against Competition; Other Covenants. The Executive acknowledges that (i) the principal business of the Company (which, which expressly includes for purposes of this Section 6 shall include 6, its successors and assigns, any holding or parent company and the Company direct and each indirect subsidiaries of the Company, its subsidiaries successors and affiliatesassigns and any such holding or parent company) is the provision operation of a broad range commodities exchange for the trading of services designed to promote futures and options contracts, risk management or other derivative instruments on commodities in the cost-effective delivery of pharmacy benefits, including pharmacy benefit management services, claims processing and/or the purchasing of pharmaceutical products on behalf of pharmacy networks energy and long term care facilities (including assisted living facilities and nursing homes) metals sectors (such business, and together with the trading of any and all other businesses futures or options contracts that after may in the date hereoffuture, and from time to time during the Termpendency of executive's employment, become material with respect to be listed by the Company or any entity that is then an affiliate of the Company's then-overall business, herein being collectively refereed referred to as the "Business'"); (ii) the Company is dependent on one of the efforts of a certain limited number of persons who entities that have developed, or will be responsible for developing the Company's Business, developed such a business; (iii) the Company's Business is is, in part, national in scope; (iv) the Executive's work for the Company has given and will continue to give him access to confidential affairs and certain confidential, proprietary information of the Company; (v) the covenants and agreements of the Executive contained in this Section 6 are essential to the business and goodwill of the Company; and (vi) the Company would not have entered into do this Agreement but for the covenants and agreements set forth in this Section 6. Accordingly, the Executive covenants and agrees that:

Covenant Against Competition; Other Covenants. The Executive acknowledges that (i) the principal business of the Company (which, which expressly includes for purposes of this Section 6 shall include the Company (and each of any related enforcement provisions hereof), its subsidiaries successors and affiliatesassigns) is the provision ownership and leasing of a broad range commercial office properties in the greater metropolitan Washington, D.C. marketplace and its surrounding areas, ranging generally from Baltimore, Maryland through Richmond and Norfolk, Virginia, as well as the origination of, acquisition of services designed to promote the cost-effective delivery of pharmacy benefits, including pharmacy benefit management services, claims processing and/or the purchasing of pharmaceutical products on behalf of pharmacy networks and long term care facilities (including assisted living facilities and nursing homes) investment in structured real estate finance investments (such business, and any and all such other principal businesses that after in which the date hereofCompany may engage during the employ of the Executive, in the locations described, and from time to time such other locations in which the Company may conduct business during the Termemploy of the Executive, become material with respect to the Company's then-overall business, as herein being collectively refereed referred to as the "“Business'”; provided, however, that, for purposes of this Agreement, the definition of “Business” shall not include the activities described on Exhibit A hereto); (ii) the Company is dependent on the efforts of a certain limited number of persons who have developed, or will be responsible for developing the Company's Business, (iii) the Company's Business is national in scope; (iv) the Executive's ’s work for the Company has given and will continue to give him access to the confidential affairs and proprietary information of the Company; (viii) the covenants and agreements of the Executive contained in this Section 6 are essential to the business and goodwill of the Company; and (viiv) the Company would not have entered into do this Agreement but for the covenants and agreements set forth in this Section 6. Accordingly, the Executive covenants and agrees that:

Covenant Against Competition; Other Covenants. The Executive acknowledges that (i) the principal business of the Company (which, for purposes of this Section 6 shall include the Company and each of its subsidiaries and affiliates) is the provision of a broad range of services designed to promote the cost-effective delivery of pharmacy benefits, including pharmacy benefit management services, claims processing and/or the purchasing of pharmaceutical products on behalf of pharmacy networks and long term care facilities (including assisted living facilities and nursing homes) (such business, and any and all other businesses that after the date hereof, and from time to time during the Term, become material with respect to the Company's then-overall business, herein being collectively refereed referred to as the "Business'"); (ii) the Company is dependent on the efforts of a certain limited number of persons who have developed, or will be responsible for developing the Company's Business, ; (iii) the Company's Business is national in scope; (iv) the Executive's work for the Company has given and will continue to give him access to the confidential affairs and proprietary information of the Company; (v) the covenants and agreements of the Executive contained in this Section 6 are essential to the business and goodwill of the Company; and (vi) the Company would not have entered into do this Agreement but for the covenants and agreements set forth in this Section 6. Accordingly, the Executive covenants and agrees that:

Covenant Against Competition; Other Covenants. The Executive acknowledges that that: (i) the principal business of the Company (which, for purposes of this Section § 6 shall include the Company and each of its subsidiaries and affiliates) is that defined in the provision of a broad range of services designed to promote Company’s Annual Reports on Form 10K (the cost10-effective delivery of pharmacy benefitsK) for the year ended December 31, including pharmacy benefit management services, claims processing and/or 2009 and filed with the purchasing of pharmaceutical products on behalf of pharmacy networks U.S. Securities and long term care facilities (including assisted living facilities and nursing homes) Exchange Commission each year thereafter (such business, as described in the 10-K and as modified each year in its subsequently filed 10-K and any and all other businesses that after the date hereof, and from time to time during the Term, become material with respect to the Company's ’s then-overall business, herein being collectively refereed to as the "“Business'”); (ii) the Company is dependent on the efforts of a certain limited number of persons who have developed, or will be responsible for developing the Company's ’s Business, (iii) the Company's ’s Business is national in scope; (iv) the Executive's ’s work for the Company has given and will continue to give him access to confidential affairs and proprietary information of the Company; (v) the covenants and agreements of the Executive contained in this Section § 6 are essential to the business and goodwill of the Company; and (vi) the Company would not have entered into do this Agreement but for the covenants and agreements set forth in this Section § 6. Accordingly, the Executive covenants and agrees that:

Covenant Against Competition; Other Covenants. The Executive acknowledges that (i) the principal business of the Company (which, which expressly includes for purposes of this Section 6 shall include the Company (and each of any related enforcement provisions hereof), its subsidiaries successors and affiliatesassigns) is the provision ownership, operation, development, redevelopment, acquisition and management of a broad range of services designed to promote strategically located medical office buildings and other healthcare related facilities, and the cost-effective delivery of pharmacy benefitsdesign, including pharmacy benefit construction, development, operation, acquisition, management services, claims processing and/or the purchasing of pharmaceutical products on behalf of pharmacy networks and long term care or consulting for healthcare facilities (including assisted living facilities and nursing homes) (such business, business and any and all other businesses that after the date hereof, and from time to time during the Term, become material with respect to the Company's ’s then-overall business, herein being collectively refereed referred to as the "“Business'”); (ii) the Company is dependent on one of the efforts of a certain limited number of persons who have developed, or will be responsible for developing the Company's Business, developed such a business; (iii) the Company's ’s Business is is, in part, national in scope; (iv) the Executive's ’s work for the Company has given and will continue to give him access to the confidential affairs and proprietary information of the Company; (v) the covenants and agreements of the Executive contained in this Section 6 are essential to the business and goodwill of the Company; and (vi) the Company would not have entered into do this Agreement but for the covenants and agreements set forth in this Section 6. Accordingly, the Executive covenants and agrees that:

Covenant Against Competition; Other Covenants. The Executive acknowledges that (i) the principal business of the Company (which, which expressly includes for purposes of this Section 6 shall include the Company (and each of any related enforcement provisions hereof), its subsidiaries successors and affiliatesassigns) is the provision ownership, operation, design, development, redevelopment, acquisition and management of a broad range of services designed to promote strategically located medical office buildings and other healthcare related facilities in the cost-effective delivery of pharmacy benefits, including pharmacy benefit management services, claims processing and/or the purchasing of pharmaceutical products on behalf of pharmacy networks and long term care facilities (including assisted living facilities and nursing homes) United States. (such business, business and any and all other businesses that after the date hereof, and from time to time during the Term, become material with respect to the Company's ’s then-overall business, herein being collectively refereed referred to as the "“Business'”); (ii) the Company is dependent on one of the efforts of a certain limited number of persons who have developed, or will be responsible for developing the Company's Business, developed such a business; (iii) the Company's ’s Business is is, in part, national in scope; (iv) the Executive's ’s work for Xxxxxxx Xxxxxxx Advisors, Inc. and the Company has given and will continue to give him access to the confidential affairs and proprietary information of the Company; (v) the covenants and agreements of the Executive contained in this Section 6 are essential to the business and goodwill of the Company; and (vi) the Company would not have entered into do Agreement this Agreement, including but not limited to providing Executive with an extended term of employment as set forth in this Agreement, but for the covenants and agreements set forth in this Section 6. Accordingly, by and in consideration of the payments to the Executive to be provided by the Company hereunder and in consideration for the Company’s promise to employ the Executive for a definite extended term as set forth in this Agreement, and further in consideration of the Executive’s exposure to the confidential, sensitive and proprietary information of the Company, the Executive covenants and agrees that:as follows.

Covenant Against Competition; Other Covenants. The Executive Employee acknowledges that (i) the principal business of the Company (which, which expressly includes for purposes of this Section 6 shall include 7, its successors and assigns, any holding or parent company and the Company direct and each indirect subsidiaries of the Company, its subsidiaries successors and affiliatesassigns and any such holding or parent company) is the provision operation of a broad range an exchange for the trading of services designed to promote futures and options contracts, risk management or other derivative instruments on commodities in the cost-effective delivery of pharmacy benefits, including pharmacy benefit management services, claims processing and/or the purchasing of pharmaceutical products on behalf of pharmacy networks energy and long term care facilities (including assisted living facilities and nursing homes) metals sectors (such business, and together with the trading of any and all other businesses futures or options contracts that after may in the date hereof, and from time to time future during the Term, become material with respect to pendency of Employee’s employment be listed by the Company or any entity that is then an affiliate of the Company's then-overall business, herein being collectively refereed referred to as the "“Business'”); (ii) the Company is dependent on one of the efforts of a certain limited number of persons who entities that have developed, or will be responsible for developing the Company's developed such a Business, ; (iii) the Company's ’s Business is is, in part, national in scope; (iv) the Executive's Employee’s work for the Company has given and will continue to give him her access to confidential affairs and certain confidential, proprietary information of the Company; (v) the covenants and agreements of the Executive Employee contained in this Section 6 7 are essential to the business and goodwill of the Company; and (vi) the Company would not have entered into do this Agreement but for the covenants and agreements set forth in this Section 67. Accordingly, the Executive Employee covenants and agrees that:

Covenant Against Competition; Other Covenants. The Executive acknowledges that that: (i) the principal business of the Company (which, for purposes of this Section 6 shall include the Company and each of its subsidiaries and affiliates) is the provision of a broad range of services designed to promote the cost-effective delivery of pharmacy benefits, including pharmacy benefit management services, claims processing and/or the purchasing of pharmaceutical products on behalf of pharmacy networks and long term care facilities (including assisted living facilities and nursing homes) (such business, and any and all other businesses that after the date hereof, and from time to time during the Term, become material with respect to the Company's ’s then-overall business, herein being collectively refereed to as the "“Business'”); (ii) the Company is dependent on the efforts of a certain limited number of persons who have developed, or will be responsible for developing the Company's ’s Business, (iii) the Company's ’s Business is national in scope; (iv) the Executive's ’s work for the Company has given and will continue to give him access to confidential affairs and proprietary information of the Company; (v) the covenants and agreements of the Executive contained in this Section 6 are essential to the business and goodwill of the Company; and (vi) the Company would not have entered into do this Agreement but for the covenants and agreements set forth in this Section 6. Accordingly, the Executive covenants and agrees that:

Covenant Against Competition; Other Covenants. The Executive Employee acknowledges that (i) the principal business of the Company (which, which expressly includes for purposes of this Section 6 shall include 6, its successors and assigns, any holding or parent company and the Company direct and each indirect subsidiaries of the Company, its subsidiaries successors and affiliatesassigns and any such holding or parent company) is the provision operation of a broad range an exchange for the trading of services designed to promote futures and options contracts, risk management or other derivative instruments on commodities in the cost-effective delivery of pharmacy benefits, including pharmacy benefit management services, claims processing and/or the purchasing of pharmaceutical products on behalf of pharmacy networks energy and long term care facilities (including assisted living facilities and nursing homes) metals sectors (such business, and together with the trading of any and all other businesses futures or options contracts that after may in the date hereof, and from time to time future during the Term, become material with respect to pendency of Employee’s employment be listed by the Company or any entity that is then an affiliate of the Company's then-overall business, herein being collectively refereed referred to as the "“Business'”); (ii) the Company is dependent on one of the efforts of a certain limited number of persons who entities that have developed, or will be responsible for developing the Company's developed such a Business, ; (iii) the Company's ’s Business is is, in part, national in scope; (iv) the Executive's Employee’s work for the Company has given and will continue to give him access to confidential affairs and certain confidential, proprietary information of the Company; (v) the covenants and agreements of the Executive Employee contained in this Section 6 are essential to the business and goodwill of the Company; and (vi) the Company would not have entered into do this Agreement but for the covenants and agreements set forth in this Section 6. Accordingly, the Executive Employee covenants and agrees that:

Covenant Against Competition; Other Covenants. The Executive acknowledges that that: (i) the principal business of the Company (which, for purposes of this Section 6 shall include the Company and each of its subsidiaries and affiliates) is that defined in the provision of a broad range of services designed to promote Company’s Annual Reports on Form 10K (the cost10-effective delivery of pharmacy benefitsK) for the year ended December 31, including pharmacy benefit management services, claims processing and/or 2007 and filed with the purchasing of pharmaceutical products on behalf of pharmacy networks U.S. Securities and long term care facilities (including assisted living facilities and nursing homes) Exchange Commission each year (such business, as described in the 10-K and as modified each year in its subsequently filed 10-K and any and all other businesses that after the date hereof, and from time to time during the Term, become material with respect to the Company's ’s then-overall business, herein being collectively refereed to as the "“Business'”); (ii) the Company is dependent on the efforts of a certain limited number of persons who have developed, or will be responsible for developing the Company's ’s Business, (iii) the Company's ’s Business is national in scope; (iv) the Executive's ’s work for the Company has given and will continue to give him access to confidential affairs and proprietary information of the Company; (v) the covenants and agreements of the Executive contained in this Section 6 are essential to the business and goodwill of the Company; and (vi) the Company would not have entered into do this Agreement but for the covenants and agreements set forth in this Section 6. Accordingly, the Executive covenants and agrees that:

Covenant Against Competition; Other Covenants. The Executive acknowledges You acknowledge that (i) the principal business of the Company (which, for purposes of this Section 6 shall include the Company and each of its subsidiaries and affiliates) is the provision of a broad range of services designed to promote the cost-effective delivery of pharmacy benefits(A) comprehensive pharmaceutical care solutions, including specialty pharmaceutical programs; home infusion and mail order pharmacy services; pharmacy benefit management services; and the operation of retail pharmacies; and (B) home health and related services, claims processing and/or including nursing; durable medical equipment; respiratory, physical and occupational therapy; and hospice care; the purchasing foregoing business of pharmaceutical products on behalf of pharmacy networks and long term care facilities (including assisted living facilities and nursing homes) (such businessthe Company, and any and all other businesses that after the date hereof, and from time to time during the Termterm of your employment with the Company, become material with respect to the Company's then-’s then- overall business, herein being are collectively refereed referred to as the "“Business')”; (ii) the Company is dependent on the efforts of a certain limited number of persons who have developed, or will be responsible for developing developing, the Company's Business, ; (iii) the Company's Business is national in scope; (iv) the Executive's your work for the Company has given and will continue to give him you access to confidential affairs and proprietary information of the Company’s Confidential Information; (v) the covenants and agreements of the Executive contained in this Section 6 RC Agreement (collectively, the “Restrictive Covenants”) are essential to the business and Business as well as to the goodwill of the Company; and (vi) the Company would not have entered into do Agreement offered you employment or continued employment but for your agreement to accept and be bound by the covenants and agreements Restrictive Covenants set forth in this Section 6herein. Accordingly, the Executive covenants subject to any state specific limitations or exclusion contained herein, you covenant and agrees agree that: