Post Termination Covenants. The Employee acknowledges and agrees that the Proprietary Products are the exclusive and valuable property of the Company and may not be used by the Employee for any purpose of any kind, directly or indirectly, except during the term of this Agreement for the sole and exclusive benefit of the Company in his capacity as an employee of the Company and that the success of the Company depends on the Employee’s observance of his covenants in this Section 9.
Post Termination Covenants. During the term of Employee’s employment hereunder and for 12 months (“the Designated Period”) after termination of Employee’s employment hereunder, Employee will not (a) anywhere within any county in which any of the Companies conducts business, engage, directly or indirectly, alone or as a shareholder (other than as a holder of less than 1% of the common stock of any publicly traded corporation), partner, officer, director, employee, consultant or advisor, or otherwise in any way participate in or become associated with, any other business organization that is engaged or becomes engaged in any business that provides the same or any substantially similar services or products offered by any of the Companies during the term of Employee’s employment or at the time of Employee’s termination or that any of the Companies has notified Employee at any time prior to the time of such termination that it proposes to conduct and for which any of the Companies have, prior to the time of such termination, expended substantial resources (the “Designated Industry”), (b) solicit any employee of any of the Companies to leave its employ for alternative employment, or hire or offer employment to any person to whom Employee actually knows any of the Companies has offered employment, (c) solicit, or attempt to divert or otherwise interfere with the relationship with, any customers or suppliers of the Companies, and (d) disparage the Companies or any of their officers, directors or employees. Employee acknowledges that the provisions of this Section 9 are essential to protect the business and goodwill of the Companies. Employee will continue to be bound by the provisions of this Section §9 until their expiration and shall not be entitled to any compensation from CURO with respect thereto except as provided above. If at any time the provisions of this Section 9 shall be determined to be invalid or unenforceable by reason of being vague or unreasonable as to area, duration or scope of activity, this Section 9 shall be considered divisible and shall become and be immediately amended to only such area, duration and scope of activity as shall be determined to be reasonable and enforceable by the court or other body having jurisdiction over the matter; and Employee agrees that this Section 9 as so amended shall be valid and binding as though any invalid or unenforceable provision had not been included herein. Employee hereby acknowledges that he has agreed to be bound by the provisio...
Post Termination Covenants. Notwithstanding the provisions of section 8.c. above, the continuation of the vesting period following retirement is contingent upon the Executive’s compliance with the limitations on his business activity, including; (i) refraining from competing in the reinsurance business in the locations where PartnerRe does business, and, (ii) refraining from soliciting employees or customers of PartnerRe to a company that competes in the reinsurance business in the locations where PartnerRe does business, and (iii) disclosing confidential information of PartnerRe (unless legally required to do so); until the sooner of (i) thirty–six months following retirement, or (ii) until all unvested RSUs granted pursuant to this agreement have vested.
Post Termination Covenants. Employee hereby agrees that he shall not, for a period of (12) months from the date hereof, for whatever reason, directly, either as a principal, agent, employee, employer, shareholder, partner, or in any other capacity, solicit, through the use of the Company’s trade secrets, or attempt to cause any customer of the Company (or any subsidiary, affiliated, or holding companies) not to do business with the Company, nor shall Employee directly and knowingly solicit or attempt to solicit for employment, employ or disaffect any other employee of the Company (or any subsidiary, affiliated, or holding companies), other than through normal recruiting efforts applied generally to the public. In the event of a breach or threatened breach by Employee of any of the provisions of this paragraph, the Company, in addition to and not in limitation of any rights, remedies or damages available to the Company at law or in equity, shall be entitled to injunctive relief in order to prevent or to restrain any such breach by Employee or by Employee’s partners, agents, representatives, servants, employers, employees and/or any and all persons directly or indirectly acting for or with him. Employee further agrees that, for a period of two years from the date hereof, he will not initiate, promote, conduct or support a proxy contest that is adverse to the Company or that challenges a slate of directors nominated by the Company’s Board of Directors. For the avoidance of doubt, the provisions of this Section 11 supersede in all respects the provisions of Section 5 of the Employment Agreement.
Post Termination Covenants. Continuation of vesting following retirement and post-retirement exercisability are contingent upon the Participant’s compliance with certain limitations on the Participant’s business activity, including the following: (i) the Participant may not engage in business activities in the reinsurance industry, act on behalf of any entity, company or business that operates in the reinsurance industry, or otherwise compete with the PartnerRe Group in the locations where the PartnerRe Group operates, (ii) the Participant may not solicit employees or customers of PartnerRe on behalf of any entity, company or business that operates in the reinsurance business or otherwise competes with the PartnerRe Group in the locations where the PartnerRe Group operates, and (iii) the Participant may not disclose confidential or non-public information regarding the business of the PartnerRe Group (unless legally required to do so, and in such case only upon giving prior notice to the Company), in each of (i), (ii) and (iii) above, until 100% of the SSAR has vested and been exercised or expired.
Post Termination Covenants. In addition to the obligations under this Agreement, Mr. Hagen is a party to that certain Proprietary Information and Non-Competition Agreement with the Company, executed on September 26, 2005, a copy of which is attached to this Agreement as Exhibit “A” (the “Confidentiality Agreement”), which contains certain post-termination obligations with respect to confidentiality, non-competition, non-disparagement and ownership of proprietary rights. Mr. Hagen acknowledges and agrees that the Confidentiality Agreement continues in effect according to its terms.
Post Termination Covenants. Employee acknowledges that certain information acquired while employed by Bank constitutes trade secrets and proprietary information which are the exclusive property of the Bank and that unauthorized use or disclosure of the same will irreparably harm Bank. Therefore, during any period during which Employee is receiving compensation pursuant to this Agreement, Employee shall not, without the prior written consent of the Bank: - 3 - 4 (1) Furnish any person with the name of any customer of the Bank, or any list or list of customers of the Bank or otherwise use such customer names and lists in connection with any banking business, provided, that this prohibition shall not prevent compliance with a Court Order or subpoena directed to Employee in his/her official capacity with Bank; (2) Furnish, use or divulge to any person any information acquired by Employee concerning the Bank's manner and methods of doing business; (3) Solicit, directly or indirectly, for any purpose, the customers of the Bank; (4) Hire, directly or indirectly, for himself or any other employer, any employee of Bank, or otherwise cause or encourage any employee of Bank to leave his or her employment to become employed by another. The parties agree that the restrictions and prohibitions set forth in this Section 6 are separate, discrete and independent. In the event that any single restriction or prohibition, or portion thereof, set forth in this Section 6 is determined by a court of competent jurisdiction to be invalid or unenforceable for any reason, such finding shall not affect the remaining restrictions and prohibitions which shall remain valid, binding and subsisting.