South Dakota Sample Clauses

South Dakota. If South Dakota law controls, then the Customer Non-Solicit Condition shall be further limited to existing customers with the specific counties that fall within the Restricted Area, and the Restricted Area will be presumed to include the South Dakota counties of Aurora, Beadle, Bennett, Bon Homme, Brookings, Brown, Brule, Buffalo, Butte, ▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ Mix, Clark, Clay, Codington, Corson, Custer, Davison, Day, ▇▇▇▇▇, ▇▇▇▇▇, Douglas, Edmunds, Fall River, Faulk, ▇▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇▇, ▇▇▇▇▇▇, ▇▇▇▇, ▇▇▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇, ▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇, ▇▇▇▇, ▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇, ▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇, ▇▇▇▇▇▇▇▇, ▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇, ▇▇▇▇, ▇▇▇▇▇, ▇▇▇▇▇▇, Union, Walworth, Yankton, Ziebach, so long as the Company does business therein. Utah: If Utah law controls, then the covenant not to compete contained in the Retirement Rule will expire twelve months after the Participant’s Termination Date, and the Enhanced Restricted Period will not cause it to extend any further.

South Dakota. If South Dakota law is deemed to apply, then: (a) the customer non-solicit restrictions in Sections 3(c) and (d) shall only apply in the Territory following the termination of the Grantee’s employment with the Company Group, and (b) the definition of the “Territory” in Section 4 is limited to locations in which the Company Group continues to engage in the Business. Virginia: If Virginia law is deemed to apply, then: (a) Section 4(b) of the non-compete shall not apply after Grantee’s employment with the Company Group ends; (b) the customer and key relationship non-solicit obligations in Sections 3(c) through (f) shall not restrict the Grantee from providing service to a customer or client of the Company Group if the Grantee did not initiate contact with or solicit the customer or client; (c) the Company and Grantee agree that the non-compete and non-solicit obligations are reasonably limited in nature and do not prohibit employment with a competing business in a non-competitive position; and (d) if Grantee resides in Virginia and their average weekly earnings calculated as provided for under Code of Virginia §40.1-28.7:7, are less than the average weekly wage of the Commonwealth as determined pursuant to Code of Virginia §65.2-500(B) or Grantee otherwise qualifies as a “low- wage employee” under the Code of Virginia then the noncompete obligation in Section 4(a) shall not apply to Grantee following the termination of the Grantee’s employment with the Company Group. Grantee shall not be considered a “low-wage employee” if ▇▇▇▇▇▇▇’s earnings are derived, in whole or in predominant part, from sales commissions, incentives, or bonuses paid to Grantee by the Company Group.

South Dakota. If Participant’s primary work location is in South Dakota as of the date upon which Participant executes this Agreement, or upon the cessation of employment, then Section 10(ii) of this Agreement shall be replaced in its entirety with the following language: “(ii) within the Restricted Area, solicit existing customers of FIB.”

South Dakota. If I am hired to primarily perform services for the Company in South Dakota, Section 3(c)(iv) of the Agreement will have a geographic restriction of each county in any state in the United States where I worked for the Company.

South Dakota. Utah Washington

South Dakota. Tennessee ............................... Texas ....................................... Utah ......................................... Vermont ................................... Washington .............................. —Lieutenant Governor’s Of- fice. —Department of Community Affairs. —

South Dakota. Included: All nonprofessional employees of the Defense Commissary Agency who are located at ▇▇▇▇▇▇▇▇▇ Air Force Base, South Dakota. Excluded: All professional employees, and temporary employees with appointments of 90 days or less, management officials, supervisors and employees described in 5 U.S.C. 7112(b) (2), (3), (4), (6) and (7). Included: All employees of the Defense Commissary Agency, Naval Air Station Memphis, Millington, Tennessee. Excluded: All professional employees, supervisors, management officials, and employees as described in 5 U.S.C. 7112(b) (2), (3), (4), (6) and (7).

South Dakota. If this Agreement is governed by the laws of the State of South Dakota, then: (1) the covenant not to compete upon termination or expiration of this Agreement contained in Article 8.3 may be unenforceable, except in certain circumstances provided by law; (2) any provision of this Agreement which designates jurisdiction or venue outside of the State of South Dakota or requires the FRANCHISEE to agree to jurisdiction or venue in a forum outside of the State of South Dakota is void with respect to any cause of action which is otherwise enforceable in the State of South Dakota; (3) the provisions of Article 11 requiring Arbitration hearings to take place in Minneapolis, Minnesota will be inapplicable and in the event of Arbitration between COST CUTTERS and the FRANCHISEE, such Arbitration will be conducted in Sioux Falls, South Dakota or at a mutually agreed upon location; and (4) Pursuant to SDCL ss.37-5A-86, any acknowledgment provision, disclaimer, integration clause or a provision having a similar effect in this Agreement will not negate or act to remove from judicial review any statement, misrepresentation or action that violates Chapter 37-5A or a rule or order under Chapter 37-5A.

South Dakota. If South Dakota law is deemed to apply, the Confidentiality, Non-Solicitation, and Non-Competition Agreement is modified as follows: