During the term of Participating Employees employment with Employer and for the period equal to the longer of six months after the termination of Employers employment with Employer regardless of the reason therefore, or the period during which Participating Employee receives cash severance pursuant to this Agreement, Participating Employee shall not (whether directly or indirectly, as owner, principal, agent, stockholder, director, officer, manager, employee, partner, participant, or in any other capacity) engage or become financially interested in any competitive business conducted within the Restricted Territory (as defined below). As used herein, the term competitive business shall mean any business that sells or provides or attempts to sell or provide products or services the same as or substantially similar to the products or services sold or provided by Employer during Participating Employees employment, and the term Restricted Territory shall mean any state or other geographical area in which Employer sells produces or provides services during Participating Employees employment.
|8. || |
NON-SOLICITATION OF PARTICIPATING EMPLOYEE
For a period of 12 months after the termination of Participating Employees employment with Employer, regardless of the reason therefor, Participating Employee shall not directly or indirectly, for Participating Employee, or on behalf of, or in conjunction with, any other person, company, partnership, corporation, or governmental entity, solicit for employment, seek to hire, or hire any person or persons who is employed by or was employed by Employer within 12 months of the termination of Participating Employees employment for the purpose of having any such employee engage in services that are the same as or similar or related to the services that such employee provided for Employer.
|9. || |
Participating Employee shall maintain in strict secrecy all confidential or trade secret information relating to the business of Employer (the Confidential Information) obtained by Participating Employee in the course of Participating Employees employment, and Participating Employee shall not, unless first authorized in writing by Employer, disclose to, or use for Participating Employees benefit or for the benefit of, any person, firm, or entity at any time either during or subsequent to the term of Participating Employees employment, any Confidential Information, except as required in the performance of Participating Employees duties on behalf of Employer. For purposes hereof, Confidential Information shall include without limitation any materials, trade secrets, knowledge, or information with respect to management, operational, or investment policies and practices of Employer; any business methods or forms; any names or addresses of customers or data on customers or supplies; and any business policies or other information relating to or dealing with the management, operational, or investment policies or practices of Employer.
|10. || |
RETURN OF BOOKS, RECORDS, PAPERS, AND EQUIPMENT
Upon the termination of Participating Employees employment with Employer for any reason, Participating Employee shall deliver promptly to Employer all files, lists, books, records, manuals, memoranda, drawings, and specifications; all cost, pricing, and other financial data; all other written or printed materials and computers, cell phones, PDAs, and other equipment that are the property of Employer (and any copies of them); and all other materials that may contain Confidential Information relating to the business of Employer, which Participating Employee may then have in Participating Employees possession or control whether prepared by Participating Employee or not.