Common use of During the Restriction Period Clause in Contracts

During the Restriction Period. Executive agrees that upon the earlier of Executive's (a) negotiating with any Competitor (as defined below) concerning the possible employment of Executive by the Competitor, (b) receiving an offer of employment from a Competitor, or (c) becoming employed by a Competitor, Executive will (x) immediately provide notice to the Company of such circumstances and (y) provide copies of this Agreement to the Competitor. Executive acknowledges that the Company may provide notice to a Competitor of Executive's obligations under this Agreement. For purposes of this Agreement, "Competitor" shall mean any entity (other than the Company) that engages, directly or indirectly, in the procurement, sale or marketing of footwear, or the operation of a footwear business, in each case by or for Kmart or within any Kmart store.