January 1, 2018 through December 31, 2019. For purposes of this non-compete clause, Competitive Activity means to, directly or indirectly, in whole or in part, engage in, provide services to, or otherwise participate in, whether as an employee, employer, owner, operator, manager, advisor, consultant, agent, partner, director, stockholder, officer, volunteer, intern, or any other similar capacity, any entity engaged in a business that is competitive with the businesses of the Company. Without limiting the foregoing, Competitive Activity also includes activity that may require or inevitably require disclosure of trade secrets, proprietary information, or confidential information of any one or more of the Company.
11. Cooperation. The Company and Mr. Ferrall agree that certain matters in which Mr. Ferrall has been involved during his employment may need Mr. Ferralls cooperation with the Company in the future. Accordingly, for a period of twelve (12) months after the Retirement Date, to the extent reasonably requested by the Company, Mr. Ferrall shall cooperate with the Company in connection with matters arising out of Mr. Ferralls service to the Company. The Company shall reimburse Mr. Ferrall for reasonable expenses incurred in connection with this cooperation and, to the extent that Mr. Ferrall is required to spend substantial time on such matters, the Company shall compensate Mr. Ferrall at an hourly rate based on Mr. Ferralls base salary on the Retirement Date.
12. Non-Solicitation of Employees. Mr. Ferrall understands and acknowledges that the Company has expended and continues to expend significant time and expense in recruiting and training their employees, and that the loss of employees would cause significant and irreparable harm to the Company. Mr. Ferrall agrees and covenants, therefore, not to directly or indirectly solicit, hire, recruit, attempt to hire or recruit, or induce the resignation of employment of any employee of the Company for twenty-four (24) months, to run consecutively, beginning on the Retirement Date.
13. Non-Solicitation of Customers. Mr. Ferrall understands and acknowledges that the Company has expended and continues to expend significant time and expense in developing customer relationships, customer information, and goodwill, and that because of Mr. Ferralls experience with and relationship to the Company, Mr. Ferrall has had access to and learned about much or all of the Companys customer information (Customer Information). Customer Information includes, but is not limited to, names, phone numbers, addresses, email addresses, order history, order preferences, chain of command, pricing information, product development, research and development, and other information identifying facts and circumstances specific to the customer and relevant to sales and services.
Mr. Ferrall understands and acknowledges that loss of any of these customer relationships or goodwill will cause significant and irreparable harm to the Company.
Mr. Ferrall agrees and covenants, during twenty-four (24) months, to run consecutively, beginning on the Retirement Date, not to directly or indirectly solicit or attempt to solicit, contact (including but not limited to communications using email, regular mail, express mail, telephone, fax, instant message, social media, or any other oral, written, or electronic transmission), attempt to contact, or meet with the Companys current, former, or prospective customers for purposes of offering or accepting goods or services similar to or competitive with those previously or currently offered by the Company, or otherwise interfere with the Companys relationship with any customer.