Agreement never to Compete also to 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 limit the power of Will and Lanham to conduct company on the internet and such online business won’t be considered soliciting Purchasers clients so long as 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 company; Internet-based product product sales; selling, renting or certification pc pc computer 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. Seeing or even for a business that does business on a nationwide or multi-state foundation also though it would likely have shops within the Restricted region won’t be a breach of the part 8.2.
As an inducement to getting into this contract, which Purchasers would otherwise never be ready 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) concur that, they’re not going to (1) come into any contract with or indirectly obtain employees or representatives of Purchasers for the intended purpose of causing them to go out of Purchasers to simply simply just just simply take work with Sellers, Seller Affiliates or just about any individual or company entity; (2) compete, directly or indirectly, with Purchasers into the procedure of a Restricted Business owned, operated or handled by Purchasers in just a 25-mile radius for the stores. Notwithstanding any conditions towards the contrary, the Restricted Parties may collectively have and run as much as three (3) store-based pawn companies aided by 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, user, representative, associate or principal of every entity involved with the Restricted Business into the limited region 2.
Being an inducement to stepping into this contract, which Purchasers would otherwise never be ready to do, Roger Dechairo agrees that, he can perhaps maybe maybe perhaps maybe not (1) come right into any contract with or indirectly obtain employees or representatives of Purchasers for the true purpose of causing them to go out of Purchasers to simply simply just just take work with Sellers, Seller Affiliates or virtually any individual or company entity; (2) compete, directly or indirectly, with Purchasers into the procedure of the Restricted Business owned https://approved-cash.com/payday-loans-ca/fullerton/, operated or handled by Purchasers in just a seven and one-half (7.5) mile radius associated with Location found 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 with the Restricted Business into the Restricted region 3.
Notwithstanding such a thing into the contrary herein, Will and Lanham, the Restricted Parties and Roger Dechairo agree to (1) offer in a electronic structure as mutually agreed by the events all listings of clients (active and inactive) associated with the company within thirty (30) times after Purchasers convert the final Location to Purchasers point of purchase system and (2) never to make use of for almost any function, including solicitation, advertising or marketing, or retain a copy, whether difficult content or perhaps in a digital structure, of these listings of clients after supplying 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 with this Article VIII are reasonable and restricted as to time, range and geography.
Breach . The Restricted Parties or Roger Dechairo of any of the covenants contained in this Article VIII, it is understood that damages will be difficult to ascertain and Purchasers will be entitled to injunctive relief in addition to any other relief which Purchasers may have under law, this Agreement or any other agreement in connection therewith in the event of the breach by Will and Lanham. Associated with the delivering of every action when it comes to enforcement with this Agreement, Purchasers are going to be eligible to recover, whether Purchasers look for equitable relief, and no matter what relief is afforded, such attorneys that are reasonable and costs as Purchasers may incur in prosecution of Purchasers claim for almost any breach hereof. The presence of any cause or claim of action of Will and Lanham, the Restricted Parties or Roger Dechairo against Purchasers, whether based on this contract or elsewhere, will likely not constitute a protection towards the enforcement by Purchasers for the covenants and agreements of Sellers and Seller Affiliates found in this informative article VIII. Each celebration that breaches the contract not to compete and never to obtain conditions of area 8.2 agrees to indemnify and hold safe Purchasers of and from all losings, damages, expenses and costs arising away from or due to the breach.
Amendment . This contract are amended, modified or supplemented just by a musical instrument written down performed because of the celebration against which enforcement associated with the amendment, modification or health health health health supplement is desired.