Common use of Restrictive Covenants in Employment and Other Agreements Clause in Contracts

Restrictive Covenants in Employment and Other Agreements. To the fullest extent permitted by the agreements described in this Section 12.5 and applicable Law, OPC hereby assigns (on behalf of the OPC Group) to the CRC Group all agreements containing restrictive covenants (including confidentiality, non-competition and non-solicitation provisions) between a member of the OPC Group and a CRC Group Employee, with such assignment to be effective as of the Effective Time. To the extent that assignment of such agreements is not permitted, effective as of the Effective Time, each member of the CRC Group shall be considered to be a successor to each member of the OPC Group for purposes of, and a third-party beneficiary with respect to, all agreements containing restrictive covenants (including confidentiality, non-competition and non-solicitation provisions) between a member of the OPC Group and a CRC Group Employee, such that each member of the CRC Group shall enjoy all the rights and benefits under such agreements (including rights and benefits as a third-party beneficiary), with respect to the business operations of the CRC Group; provided, however, that in no event shall OPC be permitted to enforce such restrictive covenant agreements against CRC Group Employees for action taken in their capacity as employees of a member of the CRC Group.

Restrictive Covenants in Employment and Other Agreements. To the fullest extent permitted by the agreements described in this Section 12.5 and applicable Law, OPC hereby assigns (on behalf shall assign, or cause an applicable member of the OPC Group) Group to assign (including through notification to employees, as applicable), to CRC or a member of the CRC Group Group, as designated by CRC, all agreements containing restrictive covenants (including confidentiality, non-competition and non-solicitation provisions) between a member of the OPC Group and a CRC Group Employee, with such assignment to be effective as of the Effective Time. To the extent that assignment of such agreements is not permitted, effective as of the Effective Time, each member of the CRC Group shall be considered to be a successor to each member of the OPC Group for purposes of, and a third-party beneficiary with respect to, all agreements containing restrictive covenants (including confidentiality, non-competition and non-solicitation provisions) between a member of the OPC Group and a CRC Group Employee, such that each member of the CRC Group shall enjoy all the rights and benefits under such agreements (including rights and benefits as a third-party beneficiary), with respect to the business operations of the CRC Group; provided, however, that in no event shall OPC be permitted to enforce such restrictive covenant agreements against CRC Group Employees for action taken in their capacity as employees of a member of the CRC Group.

Restrictive Covenants in Employment and Other Agreements. To the fullest extent permitted by the agreements described in this Section 12.5 9.5 and applicable Law, OPC hereby assigns (on behalf CSC shall assign, or cause an applicable member of the OPC CSC Group to assign, to CSRA or a member of the CSRA Group) to the CRC Group , as designated by CSRA, all agreements containing restrictive covenants (including confidentiality, non-competition and non-solicitation provisions) ), including but not limited to the Non-Competition/Non-Solicitation Agreement, and the assignment of any intellectual property between a member of the OPC CSC Group and a CRC CSRA Group Employee, including but not limited to the Assignment of Inventions and Covenant Against Disclosure Agreement, with such assignment to be effective as of the Effective Time. To the extent that assignment of such agreements is not permitted, effective as of the Effective Time, each member of the CRC CSRA Group shall be considered to be a successor to each member of the OPC CSC Group for purposes of, and a third-party beneficiary with respect to, all agreements containing restrictive covenants (including confidentiality, non-competition and non-solicitation provisions) and the assignment of any intellectual property between a member of the OPC CSC Group and a CRC CSRA Group Employee, such that each member of the CRC CSRA Group shall enjoy all the rights and benefits under such agreements (including rights and benefits as a third-party beneficiary), with respect to the business operations of the CRC CSRA Group; provided, however, that in no event shall OPC CSC be permitted to enforce such restrictive covenant agreements against CRC CSRA Group Employees for action taken in their capacity as employees of a member of the CRC Group.of