Supplemental Non-Compete Sample Clauses

Supplemental Non-Compete. In addition to the non-competition covenant provided in Section 9.2, the Executive agrees that if the Executive’s employment with the Company terminates for any reason at any time on or after the Expiration Date (other than a termination by the Company for Cause or as a result of the Executive’s death), the Executive shall not be employed by or provide services to any Non-Compete Entity (as defined in Section 9.2) at any time during the period commencing on the date of such termination of the Executive’s employment and continuing through the date that is two (2) years after such termination date; provided, however, that the Company may at any time in the Company’s sole discretion provide for a shorter (but not a longer) period (such period, the “Supplemental Non-Compete Period”). During the Supplemental Non-Compete Period, all equity-based awards granted by the Company that are outstanding and unvested on the date of such termination of the Executive’s employment shall remain outstanding and, notwithstanding any provision of the applicable award agreement or other award documentation to the contrary, shall be scheduled to vest on the last day of the Supplemental Non-Compete Period (without regard to whether the original scheduled vesting date was before or after the last day of the Supplemental Non-Compete Period), with vesting subject in each case to the Executive’s continued compliance with the Executive’s obligations under this Section 8.9 and the Executive’s other obligations under Section 9 through the last day of the Supplemental Non-Compete Period (or, if for any reason the Executive’s obligations under this Section 8.9 do not apply following the date of such termination of the Executive’s employment, such awards shall become fully vested on the date of such termination). For avoidance of doubt, if the Executive breaches the Executive’s obligations under this Section 8.9, the Executive shall not be entitled to any vesting of the Executive’s equity-based awards under this Section 8.9, and any then-unvested awards shall be forfeited to the Company without payment. Upon any vesting of the awards at the conclusion of the Supplemental Non-Compete Period pursuant to this Section 8.9, the Executive may elect to have any tax withholding obligations arising in connection with such vesting event be satisfied by a withholding of shares by the Company as contemplated by Section 5.7, and in the event it is determined that any such shares that may vest pursuant t...