Non-Competition and Non-Solicitation Contract Clauses (444)

Non-Competition and Non-Solicitation. 9.1 Covenant Not To Compete. Ross acknowledges and agrees that in consideration of and reliance upon his employment, American Rebel shall allow Ross access to American Rebel's proprietary information and data, including but not limited to processes, suppliers, present and future business plans, marketing strategies, marketing channels, distributors, budgets, manufacturers, investors and stockholders. Ross acknowledges and agrees that any and all such information and data could be used to the com...petitive disadvantage of American Rebel. Accordingly, for the term of this Agreement and for a period of twelve (12) months following the termination of this Agreement (except in the case of termination of this Agreement pursuant to Section 6 because of a Change of Control or any Business Combination or any termination of this Agreement (without cause)), Ross shall not, without the express written consent of American Rebel, directly or indirectly in any manner, including without limitation by employment, contract, consultation, investment (either directly or beneficially) assist any person or entity in engaging in any competition with American Rebel. The term "engaging in competition" as used herein shall be deemed to be used in its ordinary meaning and sense and shall include engaging in, assisting or have an interest in, or entering the employment of or acting as an agent, advisor or consultant for, any person or entity which is engaged in, or will be engaged in, the development, manufacture, supplying or sale of a product, process, service or development which is competitive with a product, process, service or development on which American Rebel has expended resources and on which Ross worked or with respect to which Ross has or had access to Confidential Information while at Company. Upon the Effective Date, Ross agrees that the geographical scope of this covenant not to compete shall be North America. 9.2 Acknowledgment Regarding Restrictions. Ross recognizes and agrees that the restraints contained in Section 9.1, including the geographic scope thereof in light of American Rebel's marketing efforts, are reasonable and enforceable in view of American Rebel's legitimate interests in protecting its Confidential Information and customer goodwill and the limited scope of the restrictions in Section 9.1. 9.3 Enforcement in Equity. Ross acknowledges and agrees that in the event that there is a breach of the covenant not to compete or of the non-solicitation covenant set forth herein, that American Rebel has no adequate remedy at law. Accordingly, the parties agree that American Rebel may enforce these covenants in equity by way of injunctive relief, both temporary and permanent. The exclusive jurisdiction and venue for any such actions shall be the District Court of Davidson County, Tennessee and Ross irrevocably consents to the personal jurisdiction of that court for such purposes. American Rebel shall not be deemed stopped from combining a claim for injunctive relief with a claim for money damages in the same action. In the event that American Rebel is the prevailing party in any such action, they shall be entitled to recover their reasonable attorney's fees as part of the judgment in the action. 9.4 Non-Solicitation; Agreement not to Hire/be Hired. Ross understands and appreciates that American Rebel invests a tremendous amount of time, energy, resources and expertise in the training and education of its employees to be able to operate its operations. Further, Ross understands that in the event an employee of American Rebel or any of its operating subsidiaries, is enticed to leave, then American Rebel shall be damaged in an amount the Parties are not capable of calculating at the present time. Therefore, Ross agrees, that during any non-compete period set forth above and continuing for an additional six (6) month period, that he will not offer employment or contractor status to any employee or contractor or affiliated person of American Rebel, or accept employment or contractor status from any employee or contractor or affiliated person of American Rebel or its operating subsidiaries, nor to allow any person or entity affiliated with Ross to offer such employment status with Ross or any other concern, venture or entity with whom Ross may be employed by, associated or hold a more than five percent (5%) ownership position in. View More