Common use of Georgia Clause in Contracts

Georgia. If, notwithstanding the Mississippi choice of law provision, Georgia law is deemed to apply, then: (1) The Non-Competition Provision in Paragraph 4.4 shall be rewritten as follows: Executive agrees that during the Restriction Period, Executive shall not, anywhere in the United States, provide managerial services or serve in a managerial position for any enterprise devoted to the production, processing, marketing and distribution of fresh and frozen chicken and other prepared chicken items, other than the Company and its Affiliates; (2) the Non-Solicitation of Customers provision in Paragraph 4.6 shall be rewritten as follows: Executive agrees that during the Restriction Period, Executive will not, in any way, directly or indirectly, solicit, divert, or take away, or attempt to solicit, divert or take away, Company customers that Executive solicited while he was employed with Company, to sell to such customer any product that Company provides at the time Executive signs this Agreement; unless an authorized Company officer gives Executive written permission to do so. The parties agree this restriction is inherently reasonable because it is limited to the places or locations where the customer is doing business at the time; (3) The tolling provision in Paragraph 4.7 shall not apply; (4) the covenant not to xxx in Paragraph 4.11 shall not apply; and (5) the jury trial waiver in Paragraph 7.4(b) shall not apply.

Appears in 6 contracts

Samples: Employment Agreement (Sanderson Farms Inc), Employment Agreement (Sanderson Farms Inc), Employment Agreement (Sanderson Farms Inc)

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Georgia. If, notwithstanding the Mississippi choice of law provision, Georgia law is deemed to apply, then: (1) The Non-Competition Provision in Paragraph 4.4 shall be rewritten as follows: Executive agrees that during the Restriction Period, Executive shall not, anywhere in the United States, provide managerial services or serve in a managerial position for any enterprise devoted to the production, processing, marketing and distribution of fresh and frozen chicken and other prepared chicken items, other than the Company and its Affiliates; (2) the Non-Solicitation of Customers provision in Paragraph 4.6 shall be rewritten as follows: Executive agrees that during the Restriction Period, Executive will not, in any way, directly or indirectly, solicit, divert, or take away, or attempt to solicit, divert or take away, Company customers that Executive solicited while he was employed with Company, to sell to such customer any product that Company provides at the time Executive signs this Agreement; unless an authorized Company officer gives Executive written permission to do so. The parties agree this restriction is inherently reasonable because it is limited to the places or locations where the customer is doing business at the time; (3) The tolling provision in Paragraph 4.7 shall not apply; (4) the covenant not to xxx in Paragraph 4.11 shall not apply; and (5) the jury trial waiver in Paragraph 7.4(b) shall not apply.Paragraph

Appears in 1 contract

Samples: Employment Agreement (Sanderson Farms Inc)

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Georgia. If, notwithstanding the Mississippi choice of law provision, Georgia law is deemed to apply, then: (1) The Non-Competition Provision in Paragraph 4.4 shall be rewritten as follows: Executive agrees that during the Restriction Period, Executive shall not, anywhere in the United States, provide managerial services or serve in a managerial position for any enterprise devoted to the production, processing, marketing and distribution of fresh and frozen chicken and other prepared chicken items, other than the Company and its Affiliates; (2) the Non-Solicitation of Customers provision in Paragraph 4.6 shall be rewritten as follows: Executive agrees that during the Restriction Period, Executive will not, in any way, directly or indirectly, solicit, divert, or take away, or attempt to solicit, divert or take away, Company customers that Executive solicited while he was employed with Company, to sell to such customer any product that Company provides at the time Executive signs this Agreement; unless an authorized Company officer gives Executive written permission to do so. The parties agree this restriction is inherently reasonable because it is limited to the places or locations where the customer is doing business at the time; (3) The tolling provision in Paragraph 4.7 shall not apply; (4) the covenant not to xxx in Paragraph 4.11 shall not apply; and (5) the jury trial waiver in Paragraph 7.4(b) shall not apply.in

Appears in 1 contract

Samples: Employment Agreement (Sanderson Farms Inc)

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