Agreement never to Compete and also to maybe 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 online payday loans Galveston no credit check in product (5) just isn’t designed to restrict the capability of Will and Lanham to conduct company on the internet and internet that is such will never be considered soliciting Purchasers clients so long as Will and Lanham aren’t straight soliciting clients (active or inactive) regarding the company such web business. Further, this contract never to compete will likely not connect with an Internet-based customer Finance company; Internet-based product product sales; selling, renting or certification computer computer computer pc computer 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 basis that is multi-state though it might probably have shops within the Restricted region will never be a breach of the area 8.2.
Being an inducement to getting into this contract, which Purchasers would otherwise never be happy 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) agree totally that, they’ll not (1) get into any contract with or indirectly get employees or representatives of Purchasers for the true purpose of causing them to leave Purchasers to just simply 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 a Restricted Business owned, operated or handled by Purchasers inside a 25-mile radius associated with the stores. Notwithstanding any conditions towards the contrary, the Restricted Parties may collectively have and operate as much as three (3) store-based pawn companies using 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) work as an officer, manager, shareholder, partner, user, representative, associate or principal of any entity involved in the Restricted Business when you look at the limited region 2.
Being an inducement to stepping into this contract, which Purchasers would otherwise never be prepared to do, Roger Dechairo agrees that, he’ll perhaps perhaps perhaps perhaps not (1) get into any contract with or indirectly get employees or representatives of Purchasers for the true purpose of causing them to go out of Purchasers to simply just take employment with Sellers, Seller Affiliates or some other individual or company entity; (2) compete, directly or indirectly, with Purchasers when you look at the procedure of a Restricted Business owned, operated or handled by Purchasers in just a seven and one-half (7.5) mile radius of this Location positioned at 704 principal Street, Longmont, CO (limited Area 3); or (3) behave as an officer, manager, worker, shareholder, partner, user, agent, associate or principal of every entity involved with the Restricted Business into the Restricted region 3.
Notwithstanding such a thing to your contrary herein, Will and Lanham, the Restricted Parties and Roger Dechairo consent to (1) offer in a format that is electronic mutually agreed by the events all listings of customers (active and inactive) regarding the company within thirty (30) times after Purchasers convert the very last 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 an electric structure, of these listings of clients after supplying such listings to Purchasers. To cause Purchasers to get into this contract, Will and Lanham, the Restricted Parties and Roger Dechairo unconditionally represent and warrant to Purchasers and concur that the limitations into the foregoing conditions are reasonable and that such conditions are enforceable relative to their terms.
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. Regarding the the delivering of any action for the enforcement for this Agreement, Purchasers should be eligible to recover, whether Purchasers look for equitable relief, and it doesn’t matter what relief is afforded, such reasonable solicitors charges and costs as Purchasers may incur in prosecution of Purchasers claim for almost any breach hereof. The presence of any claim or cause of action of Will and Lanham, the Restricted Parties or Roger Dechairo against Purchasers, whether based on this contract or perhaps, will likely not represent a protection into 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 rather than to get conditions of part 8.2 agrees to indemnify and hold benign Purchasers of and from all losings, damages, expenses and costs arising away from or owing to the breach.
Amendment . This contract might be amended, modified or supplemented just by a guitar in composing performed because of the ongoing celebration against which enforcement for the amendment, modification or health health supplement is wanted.