Agreement never to Compete and also to maybe 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 meant to restrict the power of Will and Lanham to conduct business on the internet and internet that is such 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 not to compete will not connect with an Internet-based customer Finance company; Internet-based product product product product sales; selling, renting or certification pc computer pc software developed for pawn and pay day loan operations; consulting to pawn and customer Finance Businesses found no better than 25-miles from any one of the stores. Talking to or even for a business that does business on a nationwide or multi-state foundation also though it could have shops within the Restricted region will never be a breach with this area 8.2.
As an inducement to stepping into this contract, which Purchasers would otherwise never be prepared 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 just just simply just simply take work with Sellers, Seller Affiliates or other individual or company entity; (2) compete, directly or indirectly, with Purchasers when you look at the procedure of the Restricted Business owned, operated or handled by Purchasers inside a 25-mile radius for the stores. Notwithstanding any conditions into the contrary, the Restricted Parties may collectively possess and run as much as three (3) store-based pawn organizations with all 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) behave as an officer, manager, shareholder, partner, user, representative, associate or principal of any entity involved with the Restricted Business into the limited region 2.
Being an inducement to getting into this contract, which Purchasers would otherwise never be prepared to do, Roger Dechairo agrees that, he can perhaps perhaps perhaps not (1) get into any contract with or indirectly get employees or representatives of Purchasers for the intended purpose of causing them to go out of Purchasers to just just just take work with Sellers, Seller Affiliates or other individual or company entity; (2) compete, directly or indirectly, with Purchasers when you look at the procedure of the Restricted Business owned, operated or handled by Purchasers within a seven and one-half (7.5) mile radius associated with the Location situated 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 any 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 consent to (1) offer within an format that is electronic mutually agreed by the events all listings of clients (active and inactive) of this company within thirty (30) times after Purchasers convert the past Location to Purchasers point of purchase system and (2) never to make use of for just about 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. To cause Purchasers to come right into this contract, Will and Lanham, the Restricted Parties and Roger Dechairo unconditionally represent and warrant to Purchasers and concur that the limitations when you look at the foregoing conditions are reasonable and therefore such provisions are enforceable according to their terms.
All events concur that the conditions with this Article VIII are reasonable and restricted as to time, scope 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 https://approved-cash.com/payday-loans-tn/cleveland/ 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. Relating to the delivering of every action when it comes to enforcement with this Agreement, Purchasers would 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 just about 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 Agreement or elsewhere, will maybe not represent a protection into the enforcement by Purchasers associated with covenants and agreements of Sellers and Seller Affiliates found in this short article VIII. Each celebration that breaches the contract not to compete and never to get 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 might be amended, modified or supplemented just by a musical instrument in composing performed because of the ongoing celebration against which enforcement associated with amendment, modification or health health supplement is desired.