Corporation, (d) Macys, Inc., (e) Sears Holding Corporation, (f) Bed Bath and Beyond, Inc., (g) Amazon.com, Inc., (h) Boscovs, (i) Century 21 Department Store, or (j) Kohls Corporation. Such list of entities may be modified from time to time in the sole reasonable discretion of the Board. The Executive is not permitted to provide services to such businesses regardless of the amount of Conflicting Product sales generated by such businesses.
9.2. Non-Solicitation. During the Restricted Period, the Executive will not, directly or indirectly, induce, attempt to induce (or in any way assist any other person in inducing or attempting to induce) any employee, consultant, supplier, licensor, licensee, contractor, agent, strategic partner, distributor or other person to terminate or modify any agreement, arrangement, relationship or course of dealing with the Company. Further, during such period, the Executive will not, directly or indirectly, on the Executives own behalf or on behalf of any other person or entity, employ or solicit for employment: (a) any then-current Company employee or agent; or (b) any former Company employee or agent who provided services to the Company within the twelve (12)-month period preceding the date of such employment or solicitation.
9.3. Non-disparagement. During the Term and thereafter, the Executive shall not make or publish any disparaging statements (whether written or oral) regarding the Company or its affiliates, officers or employees (the Company Parties) or defame any of the Company Parties, including but not limited to the services, business ventures, integrity, veracity, or personal or professional reputation of any of the Company Parties, in any matter whatsoever.
9.4. Remedies and Injunctive Relief. The Executive acknowledges that any breach by him of the provisions of this Section 9 (the Restrictive Covenants), whether or not willful, will cause continuing and irreparable injury to the Company for which monetary damages alone would not be an adequate remedy. The Executive shall not, in any action or proceeding to enforce the Restrictive Covenants, assert the claim or defense that such an adequate remedy at law exists. If there is a breach or threatened breach of any of the Restrictive Covenants, or any other obligation contained in this Agreement, the Company shall be entitled to an injunction restraining the Executive from any such breach without the necessity of proving actual damages, and the Executive waives the requirement of posting a bond. Nothing herein, however, shall be construed as prohibiting the Company from pursuing other remedies for such breach or threatened breach. In the event of any action or proceeding concerning the Restrictive Covenants, the Executive will reimburse the Company for its reasonable costs and attorneys fees incurred in connection with such action or proceeding if the Company is determined by the court or other factfinder to have substantially prevailed in such matter.
9.5. Notification of Subsequent Employer. The Executive agrees to disclose the existence and terms of the Restrictive Covenants to any person for whom the Executive performs or proposes to perform services for during the Restricted Period.
9.6. Executive Acknowledgement. The Executive acknowledges that the Restrictive Covenants are reasonable and necessary to protect the legitimate interests of the Company and its affiliates, that the duration and scope of the Restrictive Covenants are reasonable given the Executives position within the Company, and that the Company would not have hired the Executive, entered into this Agreement or otherwise agreed to provide the payments, rights and benefits described herein in the absence of the Executives execution of this Agreement
9.7. Tolling of Periods and Enforceability. The periods in Section 9.1 and Section 9.2