Common use of Non Competition Confidentiality Clause in Contracts

Non Competition Confidentiality. (a) The Executive acknowledges that the restrictive covenants (including, without limitation, confidentiality and non-competition) in any other agreement with the Company previously signed by the Executive (including the Employment Agreement) shall not be affected by this Agreement and that the restrictive covenants therein shall continue to apply after a Change in Control or a termination of employment after a Change in Control in accordance with the terms of such restrictive covenants.

Non Competition Confidentiality. (a) The Executive acknowledges that the restrictive covenants (including, without limitation, confidentiality confidentiality, non-competition and non-competitionsolicitation) in any other agreement with the Company previously signed by the Executive (including the Employment provisions of Section 6.09 of that certain Agreement and Plan of Merger and Contribution dated as of January 5, 2006, by and between Executive and Company and various affiliates of Executive and Company (“Contribution Agreement”)) shall not be affected by this Agreement and that the restrictive covenants therein shall continue to apply after a Change in Control or a termination of employment after a Change in Control in accordance with the terms of such restrictive covenants.

Non Competition Confidentiality. (a) The Executive acknowledges that the restrictive covenants (including, without limitation, confidentiality confidentiality, non-competition and non-competitionsolicitation) in any other agreement with the Company previously signed by the Executive (including the provisions of Sections 7 and 8 in the Employment Agreement) shall not be affected by this Agreement and that the restrictive covenants therein shall continue to apply after a Change in Control or a termination of employment after a Change in Control in accordance with the terms of such restrictive covenants.