Common use of South Dakota Clause in Contracts

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.