Noncompete and Nonsolicitation Covenants. During the term of this Agreement, and for a period of two (2) years after its expiration or termination, Franchisee will not (a) engage in any business in Competition with any BRCB Coffee Bar, except as authorized in writing by BRCB, or (b) employ or seek to employ any employee of BRCB or of any BRCB franchisee or developer for a period of at least one (1) year following the non-employment of such employee. The one and two-year terms set forth in this Section 6.3 will be extended by any time consumed in litigation or arbitration required to enforce it, including any appeals. For purposes of this Section 6.3, “engage in any business” means in any capacity, including as a franchisee, sole proprietor, partner, limited partner, member, employer, franchisor, stockholder, officer, director, or employee, except in the capacity of shareholder of less than five percent (5%) beneficial interest in the stock of any publicly traded corporation.
Noncompete and Nonsolicitation Covenants. During the term of the Franchise Agreement, and for a period of two (2) years after its expiration or termination, Franchisee will not (a) within 50 miles of any Coffee Bar that is open and operating prior to Franchisee’s establishment or operation of a competing business in that area, or (b) within two hundred (200) miles of the Geographic Territory (including within the Geographic Territory) (as defined in the Recitals to this Addendum): (y) engage in competition with BRCB, or engage in any business in competition with any Coffee Bar, except as authorized in writing by BRCB, or (z) employ or seek to employ any employee of BRCB or of any BRCB franchisee or developer (other than Franchisee’s affiliates) for a period of at least one (1) year following the non-employment of such employee. The one and two-year terms set forth in this Section 6.3 will be extended by any time consumed in litigation or arbitration required to enforce it, including any appeals. For purposes of this Section 6.3, “engage in business” means in any capacity, including as a franchisee, sole proprietor, partner, limited partner, member, employer, franchisor, stockholder, officer, director, or employee, except in the capacity of shareholder of less than one percent (1%) beneficial interest in the stock of any publicly traded corporation.”
Noncompete and Nonsolicitation Covenants. A. You recognize and acknowledge that during your employment with the Company you had and during the Consulting Term you will have access to certain confidential and proprietary business information and trade secrets (collectively, “Information”), including but not limited to client and customer information, information relating to the Company’s strategic and business plans, and the Company’s financial information, all of which are of substantial value to the Company in its business. You agree that you will not, without the Company’s permission, during the Consulting Term or thereafter, use any Information for your benefit or for the benefit of any third parties, or disclose to any third party in any manner, directly or indirectly, any Information.
