Common use of Non-Competition/Solicitation Clause in Contracts

Non-Competition/Solicitation. (a) The Executive acknowledges and recognizes that the highly competitive nature of the Company's business and that the goodwill and patronage of the Company's customers and network of attorneys constitute a substantial asset of the Company, having been acquired through considerable time, effort and money. Accordingly, the Executive agrees that during his employment with the Company and for a period of 1 year after Executive leaves the Company's employ for any reason, he shall not, without the written consent of the Company, directly or indirectly, either individually or as an employee, agent, partner, shareholder, consultant, option holder, lender of money, guarantor or in any other capacity, participate in, engage in or have a financial interest or management position or other interest in any business, firm, company or other entity if it competes with any business operation conducted by the Company or its subsidiaries or affiliates or any successor or assign thereof, nor will he solicit any other person to engage in any of the foregoing activities, in each case within the United States of America, its possessions and territories. The Executive acknowledges that the Company's business includes a nationwide network of attorneys and a national customer base, and therefore agrees that such the scope of this restriction is appropriate and necessary to protect the Company's legitimate business interests. Participation in the management of any business operation other than in connection with the management of a business operation which is in direct competition with the Company or its subsidiaries or affiliates or any successor or assign thereof shall not be deemed to be a breach of this Section 10(a). The foregoing provisions of this Section 10(a) shall not prohibit the ownership by the Executive (as the result of open market purchase) of 5% or less of any class of capital stock of a Company which is regularly traded on a national securities exchange or over-the-counter on the NASDAQ System. (b) The Executive will not at any time during his employment with the Company and for a period of 1 year after Executive leaves the Company's employ for any reason, solicit or assist or encourage the solicitation of) any employee of the Company or any of its subsidiaries or affiliates to work for Executive or for any business, firm, Company or other entity in which the Executive, directly or indirectly, in any capacity described in Section 10(a) hereof, participates or engages (or expects to participate or engage) or has (or expects to have) a financial interest or management position. (c) The Executive shall not at any time during his employment and for a period of 1 years after any termination thereof, directly or indirectly compete with the Company by soliciting, inducing or influencing any of the customers, agents or attorneys of the Company or its attorney network to discontinue or reduce the extent of such relationship with the Company, or commence or expand any such relationship with any competitor of the Company. (d) If any of the covenants contained in this Section 10 or any part thereof, is held by a court of competent jurisdiction to be unenforceable because of the duration of such provision, the activity limited by or the subject of such provision and/or the area covered thereby, then the court making such determination shall construe such restriction so as to thereafter be limited or reduced to be enforceable to the greatest extent permissible by applicable law.

Non-Competition/Solicitation. (a) The Executive acknowledges and recognizes that the highly competitive nature of the Company's business and that the goodwill and patronage of the Company's customers and network of attorneys constitute a substantial asset of the Company, having been acquired through considerable time, effort and money. Accordingly, the Executive agrees that during his employment with the Company and for a period of 1 year after Executive leaves the Company's employ for any reason, he shall not, without the written consent of the Company, directly or indirectly, either individually or as an employee, agent, partner, shareholder, consultant, option holder, lender of money, guarantor or in any other capacity, participate in, engage in or have a financial interest or management position or other interest in any business, firm, company or other entity if it competes with any business operation conducted by the Company or its subsidiaries or affiliates or any successor or assign thereof, nor will he solicit any other person to engage in any of the foregoing activities, in each case within the United States of America, its possessions and territories. The Executive acknowledges that the Company's business includes a nationwide network of attorneys and a national customer base, and therefore agrees that such the scope of this restriction is appropriate and necessary to protect the Company's legitimate business interests. Participation in the management of any business operation other than in connection with the management of a business operation which is in direct competition with the Company or its subsidiaries or affiliates or any successor or assign thereof shall not be deemed to be a breach of this Section 10(a). The foregoing provisions of this Section 10(a) shall not prohibit the ownership by the Executive (as the result of open market purchase) of 5% or less of any class of capital stock of a Company which is regularly traded on a national securities exchange or over-the-counter on the NASDAQ System. (b) The Executive will not at any time during his employment with the Company and for a period of 1 year after Executive leaves the Company's employ for any reason, solicit or assist or encourage the solicitation of) any employee of the Company or any of its subsidiaries or affiliates to work for Executive or for any business, firm, Company or other entity in which the Executive, directly or indirectly, in any capacity described in Section 10(a) hereof, participates or engages (or expects to participate or engage) or has (or expects to have) a financial interest or management position. (c) The Executive shall not at any time during his employment and for a period of 1 years after any termination thereof, directly or indirectly compete with the Company by soliciting, inducing or influencing any of the customers, agents customers or attorneys of the Company or its attorney network to discontinue or reduce the extent of such relationship with the Company, or commence or expand any such relationship with any competitor of the Company. (d) If any of the covenants contained in this Section 10 or any part thereof, is held by a court of competent jurisdiction to be unenforceable because of the duration of such provision, the activity limited by or the subject of such provision and/or the area covered thereby, then the court making such determination shall construe such restriction so as to thereafter be limited or reduced to be enforceable to the greatest extent permissible by applicable law.