1% Uses in Noncompetition Clause

Noncompetition from Employment Agreement

This EMPLOYMENT AGREEMENT (the "Agreement") is made as of January 4, 2017 (the "Effective Date"), between Scott Pettit, an individual ("Employee"), and Fenix Parts, Inc., a Delaware corporation (the "Company" or "Employer"). This Agreement hereby supersedes any other employment agreements or understandings, written or oral, between Employer and Employee.

Noncompetition. Employee agrees that during his employment with the Company and, regardless of the reason for or circumstances of Employee's termination, for a period of twenty-four (24) months beginning on the date of termination of Employee's employment (together, the "Noncompetition Period"), Employee shall not, directly or indirectly, for himself or on behalf of any other person or entity as an employee, employer, consultant, agent, lender, principal, partner, investor, stockholder, manager, member, corporate officer, director, or in any other individual or representative capacity: (i) invest in, engage in, or permit his name to be used in connection with any Competing Business, (ii) accept employment with or render services of any kind to a Competing Business, or (iii) call on, solicit or divert or attempt to call on, solicit or divert for a Competing Business any business from a person, firm, corporation or other entity that was an actual or prospective customer or account of the Company or a subsidiary of the Company during Employee's employment with the Company (Employee's "Noncompetition Covenant"). This Noncompetition Covenant shall not be deemed to prohibit Employee from acquiring as a personal investment not more than one percent (1%) of the capital stock of a Competing Business whose stock is traded on a national securities exchange or over-the-counter.