Purchasers for Purposes of Article VIII . Purchasers for purposes of ARTICLE VIII includes Purchasers as described into the very first paragraph with this contract, their moms and dads, successors, subsidiaries, or affiliates, whether now or hereafter owned, operated or handled by Purchasers. Customer Finance company is understood to be making payday advances, loans guaranteed by individual home, short term loans or credit solutions items to clients through real storefront areas.
Agreement never to Compete also to maybe maybe Not Solicit.
Being an inducement to getting into this contract, 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 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 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 payday loans in Texarkana AR 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 that they will not (1) enter into any agreement with or indirectly solicit employees or representatives of Purchasers for the purpose of causing. The supply in product (5) just isn’t designed to limit the capability of Will and Lanham to conduct company on the internet and such online business will never be considered soliciting Purchasers clients so long as Will and Lanham aren’t straight soliciting clients (active or inactive) of this company such web business. Further, this contract never to compete will not connect with an Internet-based customer Finance company; Internet-based merchandise product product sales; selling, renting or certification computer software developed for pawn and pay day loan operations; consulting to pawn and Consumer Finance Businesses located no closer than 25-miles from any one of the Locations. 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 won’t be a breach with this 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 (1) get 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 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 managed by Purchasers in just a 25-mile radius of this stores. Notwithstanding any conditions to your contrary, the Restricted Parties may collectively obtain and run as much as three (3) store-based pawn companies aided by 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 within the Restricted region 2.
As an inducement to getting into this contract, which Purchasers would otherwise never be ready to do, Roger Dechairo agrees that, he can maybe maybe not (1) come right 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 simply simply take work with Sellers, Seller Affiliates or just about any other person or company entity; (2) compete, directly or indirectly, with Purchasers into the operation of a Restricted Business owned, operated or handled by Purchasers inside a seven and one-half (7.5) mile radius for the Location positioned at 704 principal Street, Longmont, CO (Restricted Area 3); or (3) behave as an officer, director, worker, shareholder, partner, user, representative, associate or principal of every entity involved with the Restricted Business when you look at 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 an electronic structure as mutually agreed by the events all listings of customers (active and inactive) regarding the company within thirty (30) times after Purchasers convert the final Location to Purchasers point of purchase system and (2) not to utilize for almost any function, including solicitation, advertising or marketing, or retain a copy, whether difficult content or in a digital structure, of these listings of clients after providing such listings to Purchasers. To induce Purchasers to get into this contract, Will and Lanham, the Restricted Parties and Roger Dechairo unconditionally represent and warrant to Purchasers and agree totally that the limitations within the foregoing conditions are reasonable and therefore such conditions are enforceable prior to their terms.