Common use of Protection of Confidential Information; Non-Competition Clause in Contracts

Protection of Confidential Information; Non-Competition. 6.1 The Executive and the Company acknowledge that the services the Executive provides to the Company and, if applicable, to any Group Affiliate are special and unique. The Executive and the Company further acknowledge that the business knowledge and relationships of the Executive acquired during his employment with the Company and assignments with any Group Affiliate is a critical asset of the Company and/or to the respective Group Affiliate. In addition, the Executive’s work for the Company and the Group Affiliates will bring him into close contact with many confidential affairs of the Company and the Group Affiliates that are not readily available to the public and plans for future developments of the Company and respective Group Affiliates. Accordingly, the Executive hereby agrees that, as a material and essential condition of his employment by the Company and in consideration of this Agreement and the compensation and other benefits provided for herein, he is subject to and encumbered by the restrictive covenants set forth in this Section 6 and that the Company shall have the right, on behalf of itself or any other Group Affiliate, to enforce these restrictive covenants. The Executive expressly agrees that the reference to the Company in this Section 6 shall mean the Company and/or the respective Group Affiliate and/or any of the entities or businesses thereof and that the restrictive covenants and other provisions to which he is subject pursuant to this Section 6 shall accrue to the benefit of and apply in favor of the Company and/or such respective Group Affiliate or any one of them.

Protection of Confidential Information; Non-Competition. 6.1 5.1 The Executive and the Company acknowledge that the services the Executive provides to the Company and, if applicable, to any Group Affiliate are special and unique. The Executive and the Company further acknowledge that the business knowledge and relationships of the Executive acquired during his employment with the Company and assignments with any Group Affiliate is a critical asset of the Company and/or to the respective Group Affiliate. In addition, the Executive’s 's work for the Company and the Group Affiliates will bring him into close contact with many confidential affairs of the Company and the Group Affiliates that are not readily available to the public and plans for future developments of the Company and respective Group Affiliates. Accordingly, the Executive hereby agrees that, as a material and essential condition of his employment by the Company and in consideration of this Agreement and the compensation and other benefits provided for herein, he is subject to and encumbered by the restrictive covenants set forth in this Section 6 5 and that the Company shall have the right, on behalf of itself or any other Group Affiliate, to enforce these restrictive covenants. The Executive expressly agrees that the reference to the Company in this Section 6 5 shall mean the Company and/or the respective Group Affiliate and/or any of the entities or businesses thereof and that the restrictive covenants and other provisions to which he is subject pursuant to this Section 6 5 shall accrue to the benefit of and apply in favor of the Company and/or such respective Group Affiliate or any one of them.

Protection of Confidential Information; Non-Competition. 6.1 5.1 The Executive and the Company acknowledge that the services the Executive provides to the Company and, if applicable, to any Group Affiliate are special and unique. The Executive and the Company further acknowledge that the business knowledge and relationships of the Executive acquired during his employment with the Company and assignments with any Group Affiliate is a critical asset of the Company and/or to the respective Group Affiliate. In addition, the Executive’s work for the Company and the Group Affiliates will bring him into close contact with many confidential affairs of the Company and the Group Affiliates that are not readily available to the public and plans for future developments of the Company and respective Group Affiliates. Accordingly, the Executive hereby agrees that, as a material and essential condition of his employment by the Company and in consideration of this Agreement and the compensation and other benefits provided for herein, he is subject to and encumbered by the restrictive covenants set forth in this Section 6 and that the Company shall have the right, on behalf of itself or any other Group Affiliate, to enforce these restrictive covenants. The Executive expressly agrees that the reference to the Company in this Section 6 5 shall mean the Company and/or the respective Group Affiliate and/or any of the entities or businesses thereof and that the restrictive covenants and other provisions to which he is subject pursuant to this Section 6 5 shall accrue to the benefit of and apply in favor of the Company and/or such respective Group Affiliate or any one of them.. Xxxxxxx X. Xxxxx – First Amended and Restated Employment Agreement 10

Protection of Confidential Information; Non-Competition. 6.1 5.1 The Executive and the Company acknowledge that the services the Executive provides to the Company and, if applicable, to any Group Affiliate are special and unique. The Executive and the Company further acknowledge that the business knowledge and relationships of the Executive acquired during his employment with the Company and Xxxxxx X. Xxxxxx – First Amended and Restated Employment Agreement 11 assignments with any Group Affiliate is a critical asset of the Company and/or to the respective Group Affiliate. In addition, the Executive’s work for the Company and the Group Affiliates will bring him into close contact with many confidential affairs of the Company and the Group Affiliates that are not readily available to the public and plans for future developments of the Company and respective Group Affiliates. Accordingly, the Executive hereby agrees that, as a material and essential condition of his employment by the Company and in consideration of this Agreement and the compensation and other benefits provided for herein, he is subject to and encumbered by the restrictive covenants set forth in this Section 6 and that the Company shall have the right, on behalf of itself or any other Group Affiliate, to enforce these restrictive covenants. The Executive expressly agrees that the reference to the Company in this Section 6 5 shall mean the Company and/or the respective Group Affiliate and/or any of the entities or businesses thereof and that the restrictive covenants and other provisions to which he is subject pursuant to this Section 6 5 shall accrue to the benefit of and apply in favor of the Company and/or such respective Group Affiliate or any one of them.

Protection of Confidential Information; Non-Competition. 6.1 5.1 The Executive and the Company acknowledge that the services the Executive provides to the Company and, if applicable, to any Group Affiliate are special and unique. The Executive and the Company further acknowledge that the business knowledge and relationships of the Executive acquired during his employment with the Company and assignments with any Group Affiliate is a critical asset of the Company and/or to the respective Group Affiliate. In addition, the Executive’s work for the Company and the Group Affiliates will bring him into close contact with many confidential affairs of the Company and the Group Affiliates that are not readily available to the public and plans for future developments of the Company and respective Group Affiliates. Accordingly, the Executive hereby agrees that, as a material and essential condition of his employment by the Company and in consideration of this Agreement and the compensation and other benefits provided for herein, he is subject to and encumbered by the restrictive covenants set forth in this Section 6 and that the Company shall have the right, on behalf of itself or any other Group Affiliate, to enforce these restrictive covenants. The Executive expressly agrees that the reference to the Company in this Section 6 5 shall mean the Company and/or the respective Group Affiliate and/or any of the entities or businesses thereof and that the restrictive covenants and other provisions to which he is subject pursuant to this Section 6 5 shall accrue to the benefit of and apply in favor of the Company and/or such respective Group Affiliate or any one of them.