Common use of Covenant Against Competition; Other Covenants Clause in Contracts

Covenant Against Competition; Other Covenants. The Executive acknowledges that (i) the principal business of the Company is the owning, acquiring, developing or operating of manufactured housing communities (such businesses, and any and all other businesses that after the date hereof, and from time to time during the Term, become material and substantial with respect to the Company's then-overall business, herein being collectively referred to as the "BUSINESS"); (ii) the Company knows of a limited number of persons who have developed the Company's Business; (iii) the Company's Business is, in part, national in scope; (iv) the Executive's work for the Company and its subsidiaries (and the predecessors of either) has given and will continue to give the Executive access to the confidential affairs and proprietary information of the Company; (v) the covenants and agreements of the Executive contained in this Section 6 are essential to the business and goodwill of the Company; and (vi) the Company would not have entered into this Agreement but for the covenants and agreements set forth in this Section 6. In light of the foregoing, during the Term and for a period of one year thereafter (and, as to Section 6.1(b) and (d), at any time during and after the Executive's employment with the Company and its subsidiaries (and the predecessors of either)):

Covenant Against Competition; Other Covenants. The Executive acknowledges that (i) the principal business of the Company (which expressly includes for purposes of this Section 6, its successors and assigns, any holding or parent company and the direct and indirect subsidiaries of the Company, its successors and assigns and any such holding or parent company) is the owningoperation of a commodities exchange for the trading of futures and options contracts, acquiring, developing risk management or operating of manufactured housing communities other derivative instruments on commodities in the energy and metals sectors (such businessesbusiness, and together with the trading of any and all other businesses futures or options contracts that after may in the date hereoffuture, and from time to time during the Termpendency of executive's employment, become material and substantial with respect to be listed by the Company or any entity that is then an affiliate of the Company's then-overall business, herein being collectively referred to as the "BUSINESSBusiness"); (ii) the Company knows is one of a the limited number of persons who entities that have developed the Company's Businesssuch a business; (iii) the Company's Business is, in part, national in scope; (iv) the Executive's work for the Company and its subsidiaries (and the predecessors of either) has given and will continue to give the Executive him access to the confidential affairs and certain confidential, proprietary information of the Company; (v) the covenants and agreements of the Executive contained in this Section 6 are essential to the business and goodwill of the Company; and (vi) the Company would not have entered into this Agreement but for the covenants and agreements set forth in this Section 6. In light of Accordingly, the foregoing, during the Term Executive covenants and for a period of one year thereafter (and, as to Section 6.1(b) and (d), at any time during and after the Executive's employment with the Company and its subsidiaries (and the predecessors of either)):agrees that:

Covenant Against Competition; Other Covenants. The Executive acknowledges that (i) the principal business of the Company is the owningacquisition, acquiringownership and management of a diversified portfolio of income-producing real estate located in the Western United States (the “Business”; provided, developing however, for the purposes of this Section 6, “Business” shall not include (A) the ownership, acquisition, financing or operating development by the Executive or his affiliates of manufactured housing communities (such businesses, x) restaurant properties or hotel properties that contain retail stores or (y) retail stores that contain less than 10,000 square feet and any and all other businesses that after (B) retail stores currently owned by the date hereof, and from time to time during the Term, become material and substantial with respect to the Company's then-overall business, herein being collectively referred to as the "BUSINESS"Executive or his affiliates); (ii) the Company knows of a limited number of persons who have developed the Company's ’s Business; (iii) the Company's ’s Business is, in part, national in scope; (iviii) the Executive's ’s work for the Company company and its subsidiaries (and the predecessors of either) has given and will continue to give the Executive access to the confidential affairs and proprietary information of the Company; (v) the covenants and agreements of the Executive contained in this Section 6 are essential to the business and goodwill of the Company; and (vi) the Company would not have entered into this Agreement but for the covenants and agreements set forth in this Section 6. In light of the foregoing, during the Term and for a period of one year thereafter (and, as to Section 6.1(b) and (d), at any time during and after the Executive's ’s employment with the Company and its subsidiaries (and the predecessors of either)):