Agreement never to Compete and also to maybe maybe maybe Not Solicit.

Being an inducement to getting into this Agreement, which Purchasers would otherwise never be ready 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 totally that, they’ll not (1) come right 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 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 store-based pawn or customer Finance Business (collectively, the limited company) owned, operated or handled by Purchasers in just a 25-mile radius of such Restricted Business owned, operated or handled by Purchasers, including present and future areas owned, operated or handled by Purchasers rather than restricted to the areas being acquired pursuant to this contract (the limited Area); (3) behave as an officer, manager, worker, shareholder, partner, user, representative, associate or principal of any entity involved in the Restricted Business when you look at the Restricted region; (4) come into any contract, including franchise agreements other than with existing Mister Money franchisees associated with their franchise agreements related to their current franchise territory, for or even take part in the ownership, administration, procedure or control over any limited company inside the limited region; or (5) solicit clients regarded as clients regarding the company or Purchasers in the Restricted region when you look at the Restricted company, including those regarded as previous or current clients regarding the Business. The supply in product (5) is certainly not designed to restrict the capability 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) of this company such online business. Further, this contract never to compete will likely not connect with an Internet-based customer Finance company; Internet-based product product product sales; selling, renting or certification 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. Talking to or even for an organization that does business on a nationwide or multi-state foundation also though it could have shops within the Restricted region won’t be a breach of the part 8.2.

Being 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) agree totally that, they’re not going to (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 just simply just just just take work with Sellers, Seller Affiliates or other individual or company entity; (2) compete, directly or indirectly, with Purchasers into the procedure of a Restricted Business owned, operated or handled by Purchasers inside a 25-mile radius of this stores. Notwithstanding any conditions into the contrary, the Restricted Parties may collectively possess and run as much as three (3) store-based pawn companies using the geographical limitation for those 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 every 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 maybe perhaps maybe not (1) come right 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 simply simply take work with Sellers, Seller Affiliates or other individual or company entity; (2) compete, directly or indirectly, with Purchasers within 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) 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 any such thing into the contrary herein, Will and Lanham, the Restricted Parties and Roger Dechairo consent to (1) offer in a electronic structure as mutually agreed by the events all listings of clients (active and inactive) for 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 almost any function, including solicitation, advertising or marketing, or retain a copy, whether difficult content or in an electric structure, of these listings of clients after supplying such listings to Purchasers. To cause Purchasers to come into this contract, Will and Lanham, the Restricted Parties and Roger Dechairo unconditionally represent and warrant to Purchasers and agree totally that the restrictions into the foregoing conditions are reasonable and that such conditions are enforceable according to their terms.

All events concur that the conditions with this Article VIII are reasonable and restricted as to time, geography and scope.

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 online Lockport payday loans 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. Relating to the delivering of any action when it comes to enforcement with this Agreement, Purchasers will likely be eligible to recover, whether Purchasers look for equitable relief, and it doesn’t matter what relief is afforded, such reasonable lawyers costs and costs as Purchasers may incur in prosecution of Purchasers claim for just about 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 centered on this contract or else, will maybe not represent a protection into the enforcement by Purchasers of this 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 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 owing to the breach.

Amendment . This contract could be amended, modified or supplemented just by a guitar written down performed by the ongoing celebration against which enforcement of this amendment, modification or health health health supplement is looked for.