Post-Termination Covenant Not to Compete. Upon termination or expiration of this Agreement for any reason, the Franchisee and its officers, directors, shareholders, members, managers and/or partners agree that, for a period of two years commencing on the effective date of termination or expiration, or the date on which the Franchisee ceases to conduct business, whichever is later, neither Franchisee nor its officers, directors, shareholders, members, managers, and/or partners shall have any direct or indirect interest (through a member of any immediate family of the Franchisee or its Owners or otherwise) as a disclosed or beneficial owner, investor, partner, director, officer, member, manager, employee, consultant, representative or agent or in any other capacity in any Competitive Business, defined in Section 20.1 above, located or operating within a 10-mile radius of the Franchised Location or within a 10-mile radius of any other franchised or company-owned ROCKY MOUNTAIN CHOCOLATE FACTORY Store. The restrictions of this Section shall not be applicable to the ownership of shares of a class of securities listed on a stock exchange or traded on the over-the-counter market that represent 5% or less of the number of shares of that class of securities issued and outstanding. The Franchisee and its officers, directors, shareholders, members, managers, and/or partners expressly acknowledge that they possess skills and abilities of a general nature and have other opportunities for exploiting such skills. Consequently, enforcement of the covenants made in this Section will not deprive them of their personal goodwill or ability to earn a living.
Post-Termination Covenant Not to Compete. For a period of two (2) years from the effective date of termination or expiration of this Agreement for any reason, or the date on which Franchisee and all other Bound Parties begin to comply with this Section, whichever is later, neither Franchisee nor any other Bound Party shall have any direct or indirect interest as a disclosed or beneficial owner, investor, partner, director, officer, employee, consultant, representative, agent, or in any other capacity in any Competitive Business located or operating within a five (5) mile radius of the former Franchised Location (including at the former Franchised Location) or within a five (5) mile radius of any other QUIZNOS Restaurant existing on the later of the effective date of termination or expiration of this Agreement or the date on which Franchisee and all other Bound Parties begin to comply with this Section. The restrictions of this Section shall not be applicable to the ownership of shares of a class of securities listed on a stock exchange or traded on the over-the-counter market that represent five percent (5%) or less of the number of shares of that class of securities issued and outstanding. Franchisee and the other Bound Parties expressly acknowledge that they possess skills and abilities of a general nature and have other opportunities for exploiting such skills. Consequently, enforcement of the covenants made in this Section will not deprive them of their personal goodwill or ability to earn a living.
Post-Termination Covenant Not to Compete. Licensee has acquired from the Licensor unique information regarding Licensor's IP which, in the event of a termination of this Agreement, could be used by Licensee to injure the Licensor. As a result, Licensee and its officers, partners, directors, agents or employees who have completed the Licensor's Educator Course(s) or had access to the IA Teachers Manual, including without limitation, the beneficial owners of 5% or more of the ownership interest in a Licensee which is a company, shall not for a period of two years from the date of termination, transfer, or expiration of this Agreement, or for a period of two years after termination or cessation of such person's relationship with Licensee in such capacity, whichever first occurs, without first having obtained the Licensor's consent, engage in, or participate as, an owner, officer, partner, director, agent or employee in any other business which engages in, or licenses or franchises others to engage in a business training or certifying others in the field of feng shui and space clearing which is substantially similar to INTERIOR ALIGNMENT, unless such right is granted pursuant to a separate agreement with the Licensor.
Post-Termination Covenant Not to Compete. The Master Licensee has acquired from the Licensor confidential information regarding Licensor’s trade secrets and Licensed Methods which, in the event of a termination of this Agreement, could be used by the Master Licensee to injure the Licensor. As a result, the Master Licensee and its officers, partners, directors, agents or employees who have completed the Licensor’s initial training program or had access to the Operations Manual, including without limitation, the beneficial owners of 5% or more of the ownership interest in a Master Licensee which is a company, shall not for a period of two years from the date of termination, transfer or expiration of this Agreement, or for a period of two years after termination or cessation of such person’s relationship with the Master Licensee in such capacity, whichever first occurs, without first having obtained the Licensor’s consent, engage in or participate as an owner, officer, partner, director, franchise sales agent, agent or employee, in any other business which engages in, or licenses or franchises others to engage in, a business which is the same as or substantially similar to a ROCKY MOUNTAIN CHOCOLATE FACTORY Store, including without limitation, any Competitive Business, and which is operating, as of the date of such termination, transfer or expiration, anywhere within twenty-five kilometers of any ROCKY MOUNTAIN CHOCOLATE FACTORY Store which is operating as of the date of such termination, transfer or expiration, unless such right is granted pursuant to a separate agreement with the Licensor. 16.3.
Post-Termination Covenant Not to Compete. 17.2.1 Franchisee acknowledges that the restrictive covenants contained in this Section and in Section 7 are fair and reasonable and are justifiably required for purposes including, but not limited to, the following:
Post-Termination Covenant Not to Compete. Licensee and its officers, partners, directors, agents or employees who have completed Soul Coaching® Practitioner CERTIFICATION or had access to the Soul Coaching® Practitioner manual, shall not create, teach or advertise a conflicting LIFE COACHING OR SOUL COACHING® Certification Program for the period of one year following termination of this contract and will not use material from Soul Coaching® Practitioner course.
Post-Termination Covenant Not to Compete. If Franchisee terminates this Agreement other than in a manner prescribed by SECTION 19.03 or if this Agreement is terminated for "good cause" as defined in SECTION 19.01, Franchisee, its Owners, officers, directors, and guarantors covenant that they shall not directly or indirectly, for a period of two (2) years after the Termination Date of this Agreement, engage in any business, other than as a Franchisee of the Big O System, which offers or sells tires, wheels, shock absorbers, automotive services, or other products or services which compete with Big O Products and Services within a ten (10) mile radius of the Premises or within a ten (10) mile radius of any other Big O Store which was operational or under construction on the Termination Date. If a former Franchisee or guarantor commits a breach of this SECTION 17.04, the two year period shall start on the date that the former Franchisee or guarantor is enjoined from competing or stops competing, whichever is later.
Post-Termination Covenant Not to Compete. In addition to the post-termination covenants not to compete provided in the Agreement, for a period of two (2) years from the effective date of termination or expiration of the Agreement for any reason, or the date on which Franchisee and all Bound Parties begin to comply with this Section, whichever is later, neither Franchisee nor any Bound Party shall have any direct or indirect interest as a disclosed or beneficial owner, investor, partner, director, officer, employee, consultant, representative, agent, or in any other capacity in any business operating, or granting franchises or licenses to others to operate, a restaurant or other food service business deriving more than ten percent (10%) of its gross receipts from the sale of products substantially similar to the Special Product designated in this Addendum and related food products and services (which shall be considered a Competitive Business both for purposes of the post-termination covenant not to compete and Section 20.1 of the Agreement) located or operating within a five (5) mile radius of the former Franchised Location or within a five (5) mile radius of any other QUIZNO'S Restaurant existing on the later of the effective date of termination or expiration of this Agreement or the date on which Franchisee and all Bound Parties begin to comply with this Section. The restrictions of this Section shall not be applicable to the ownership of shares of a class of securities listed on a stock exchange or traded on the over-the-counter market that represent five percent (5%) or less of the number of shares of that class of securities issued and outstanding. Franchisee and the Bound Parties expressly acknowledge that they possess skills and abilities of a general nature and have other opportunities for exploiting such skills. Consequently, enforcement of the covenants made in this Section will not deprive them of their personal goodwill or ability to earn a living.
Post-Termination Covenant Not to Compete. The Master Franchisee has acquired from the Franchisor confidential information regarding Franchisor's trade secrets and System which, in the event of a termination of this Agreement, could be used by the Master Franchisee to injure the Franchisor. As a result, the Master Franchisee and its officers, partners, directors, agents or employees who have completed the Franchisor's initial training program or had access to the Confidential Operations Manual, including without limitation, the beneficial owners of 5% or more of the ownership interest in a Master Franchisee which is a company, shall not for a period of two years from the date of termination, transfer, or expiration of this Agreement, or for a period of two years after termination or cessation of such person's relationship with the Master Franchisee in such capacity, whichever first occurs, without first having obtained the Franchisor's consent, engage in, or participate as, an owner, officer, partner, director, franchise sales agent, agent or employee in any other business which engages in, or licenses or franchises others to engage in, a business which is the same or substantially similar to a Java Detour franchise including, without limitation, any business which operates or licenses coffee and tea stores and which is operating, as of the date of such termination, transfer or expiration, anywhere a Java Detour franchise is operating as of the date of such termination, transfer or expiration.
Post-Termination Covenant Not to Compete. The Master Franchisee has acquired from the Franchisor confidential information regarding Franchisor's trade secrets and Master Franchise Methods which, in the event of a termination of this Agreement, could be used by the Master Franchisee to injure the Franchisor. As a result, the Master Franchisee and its officers, partners, directors, agents or employees who have completed the Franchisor's initial training program or had access to the Master Franchisee's Operations Manual, including without limitation, the beneficial owners of 5% or more of the ownership interest in a Master Franchisee which is a company, shall not for a period of two years from the date of termination, transfer or expiration of this Agreement, or for a period of two years after termination or cessation of such person's relationship with the Master Franchisee in such capacity, whichever first occurs, without first having obtained the Franchisor's consent, engage in or participate as an owner, officer, partner, director, franchise sales agent, agent, consultant or employee, in any other business which engages in, or licenses or franchises others to engage in, a Competitive Business, and which is operating, as of the date of such termination, transfer or expiration, anywhere within the Master Franchise Area, unless such right is granted pursuant to a separate agreement with the Franchisor.
