Agreement never to Compete also to maybe maybe maybe Not Solicit.
The restricted Business) owned, operated or managed by Purchasers within a 25-mile radius of any such Restricted Business owned, operated or managed by Purchasers, including current and future locations owned, operated or managed by Purchasers and not limited to the locations being acquired pursuant to this Agreement (the Restricted Area); (3) act as an officer, director, employee, shareholder, partner, member, agent, associate or principal of any entity engaged in the Restricted Business in the Restricted Area; (4) enter into any agreement, including franchise agreements other than with existing Mister Money franchisees relating to their franchise agreements pertaining to their existing franchise territory, for or to participate in the ownership, management, operation or control of any Restricted Business within the Restricted Area; or (5) solicit customers known to be customers of the Business or Purchasers within the Restricted Area in the Restricted Business, including those known to be past or present customers of the Business as an inducement to entering into this Agreement, which Purchasers would otherwise not be willing to do, R. Douglas Will, Timothy S. Lanham, K. Colette Sawyer, M. Christine Will, Wendell G. Lanham, R. Tedrow Will, Kathryn I. Will, and MMI (collectively Will and Lanham) agree that, they will not (1) enter into any agreement with or indirectly solicit employees or representatives of Purchasers for the purpose of causing them to leave Purchasers to take employment with Sellers, Seller Affiliates or any other person or business entity; (2) compete, directly or indirectly, with Purchasers in the operation of a store-based pawn or Consumer Finance Business ( collectively. The supply in product (5) is certainly not designed to restrict the capability of Will and Lanham to conduct company on the internet and internet that is such will never be considered soliciting Purchasers clients provided Will and Lanham aren’t straight soliciting clients (active or inactive) associated with the company such online business. Further, this contract never to compete will not connect with an Internet-based customer Finance Business; Internet-based product product product sales; selling, renting or certification pc computer software developed for pawn and cash advance operations; consulting to pawn and customer Finance Businesses found no better than 25-miles from any one of the stores. Talking to or even for a business that does business for a nationwide or multi-state foundation also though it might have shops within the Restricted region won’t be a violation with this area 8.2.
As an inducement to getting into this contract, which Purchasers would otherwise never be prepared to do, Joshua A. Lanham, Katie Lanham, R. Patrick Will, R. Matthew Will, Jamie B. Will, Ryan Sarmast, Jessica P. Sarmast, Benjamin Zander, and Stacey M. Zander (collectively the limited events) agree totally that, they’ll not (1) come right into any contract with or indirectly get employees or representatives of Purchasers for the true purpose of causing them to go out of Purchasers to simply simply simply take work with Sellers, Seller Affiliates or other individual or company entity; (2) compete, directly or indirectly, with Purchasers into the procedure of the Restricted Business owned, operated or handled by Purchasers within a 25-mile radius associated with stores. Notwithstanding any conditions towards the contrary, the Restricted Parties may collectively acquire and run as much as three (3) store-based pawn organizations with all the geographical limitation of these shops being five (5) kilometers as opposed to the 25 kilometers since set forth in Section 8.2(a) (limited Area 2); or (3) become an officer, manager, shareholder, partner payday pawn Karnes City TX, user, representative, associate or principal of every entity involved with the Restricted Business within the limited region 2.
Being an inducement to getting into this contract, which Purchasers would otherwise never be happy to do, Roger Dechairo agrees that, he can perhaps perhaps maybe not (1) come right into any contract with or indirectly get employees or representatives of Purchasers for the true purpose of causing them to go out of Purchasers to simply simply just simply just take work with Sellers, Seller Affiliates or other individual or company entity; (2) compete, directly or indirectly, with Purchasers within the procedure of the Restricted Business owned, operated or handled by Purchasers within a seven and one-half (7.5) mile radius associated with Location positioned at 704 principal Street, Longmont, CO (limited Area 3); or (3) work as an officer, manager, worker, shareholder, partner, user, representative, associate or principal of every entity involved in the Restricted Business into the Restricted region 3.
Notwithstanding any such thing towards the contrary herein, Will and Lanham, the Restricted Parties and Roger Dechairo consent to (1) offer within an format that is electronic mutually agreed by the events all listings of clients (active and inactive) for the company within thirty (30) times after Purchasers convert the very last Location to Purchasers point of purchase system and (2) not to make use of for almost any function, including solicitation, marketing or marketing, or retain a copy, whether difficult content or in an electric structure, of these listings of clients after providing such listings to Purchasers. The Restricted Parties and Roger Dechairo unconditionally represent and warrant to Purchasers and agree that the restrictions in the foregoing provisions are reasonable and that such provisions are enforceable in accordance with their terms to induce Purchasers to enter into this Agreement, Will and Lanham.
All events agree totally that the conditions for this Article VIII are reasonable and restricted as to time, geography and scope.
Breach . In the case of the breach by Will and Lanham, the Restricted Parties or Roger Dechairo of any regarding the covenants found in this informative article VIII, it really is recognized that damages will soon be hard to ascertain and Purchasers may be eligible to injunctive relief in addition to your other relief which Purchasers might have under legislation, this contract or other contract in connection therewith. Associated with the delivering of any action for the enforcement with this Agreement, Purchasers would be eligible to recover, whether Purchasers look for equitable relief, and it doesn’t matter what relief is afforded, such reasonable lawyers charges and expenses as Purchasers may incur in prosecution of Purchasers claim for just about any breach hereof. The presence of any claim or cause of action of Will and Lanham, the Restricted Parties or Roger Dechairo against Purchasers, whether centered on this contract or perhaps, will likely not represent a defense into the enforcement by Purchasers for the covenants and agreements of Sellers and Seller Affiliates found in this short article VIII. Each celebration that breaches the contract never to compete rather than to get conditions of part 8.2 agrees to indemnify and hold safe Purchasers of and from all losings, damages, expenses and costs arising away from or owing to the breach.
Amendment . This contract could be amended, modified or supplemented just by a musical instrument written down performed because of the celebration against which enforcement of this amendment, modification or health health supplement is tried.