Common use of Restrictive Terms Clause in Contracts

Restrictive Terms. The Employee acknowledges that the special relationship of trust and confidence between the Company, and the clients, customers, partners, lessors, affiliates, representatives, agents, service providers, vendors and suppliers of Dallas Operating Corp. (“DOC”) and of the Company (all of the foregoing parties are collectively referred to herein as the “Third Party Relationships”) creates a high risk and opportunity for the Employee to misappropriate the relationship and goodwill existing between the Company and the Third Party Relationships. The Employee further acknowledges that, prior to and during his employment with the Company, the Employee will be provided with access to confidential records, secrets and proprietary information related to the Company and DOC (herein referred to as the “Confidential Information”) that will enable the Employee to benefit from the Confidential Information. The Employee further acknowledges and agrees that it is fair and reasonable for the Company to take steps to protect itself from the risk of such misappropriation. The Employee acknowledges that, in exchange for the execution of the restrictions set forth below, the Employee has received or will receive substantial and valuable consideration. The Employee agrees that this consideration constitutes fair and adequate consideration for the execution of theses restrictions. The Employee covenants and agrees that during the term of this Agreement and for a period of one (1) year immediately following the date on which the Employee ceases to be employed by the Company, for whatever reason, the following shall be applicable a) the Employee will not, under any circumstances, furnish or provide, to any third party, any of the Confidential Information, any trade secrets of the Company or DOC, any lease information, any client or customer lists (or similar type information) of the Company, or any other information which is related to the Company and which is not in the public domain, (b) the Employee shall not, directly or indirectly, do any of the following: (i) solicit to hire, cause to be hired, or hire any person who is employed by the Company (or any of its subsidiaries or affiliates) on the date of termination of this Agreement (the foregoing applies to actions by the Employee directly or on behalf of any third party), or who was employed by the Company at any time during the twelve (12) months preceding the date of termination of this Agreement, or (ii) for the purpose of competitive solicitation, contact any business entity or person who was an affiliate of the Company during the period of time involved, or (iii) for the purpose of competitive solicitation, solicit, directly or on behalf of any third party or parties, the business of any client or customer of the Company or DOC, or former clients or customer of the Company or DOC, or any business entity or person that is affiliated with, or was affiliated with the Company, or any of its subsidiaries, at any time or times during the term of this Agreement. The Employee agrees that these restrictions set forth above are ancillary to an otherwise enforceable agreement and supported by independent valuable consideration. If the Employee is found to have violated any of the provisions of this provision of the Agreement, the Employee agrees that the restrictive period of each covenant so violated shall be extended by a period of time equal to the period of such violation by him. It is the intent of this provision of the Agreement that the running of the restrictive period of any covenant shall be tolled during any period of violation of such covenant so that the Company may obtain the full and reasonable protection for which it contracted and so that Employee may not profit by any breach. The Employee’s obligations under Section 10 of the Agreement shall survive the termination of this Agreement.