hereby covenant and agree with the Corporation as follows:
Non-Compete. I will not do or attempt to do any of the following, either directly or indirectly, during my employment or during the period of {2} years after employment terminates, within {30} miles of any business of the Corporation or within the radio, cable or television marketing range of any business of the Corporation: (a) compete against the Corporation; (b) carry on a business similar to the Corporation’s business; (c) engage in a business similar to the Corporation’s business; (d) solicit old customers of the Corporation; (e) or own, manage, be employed by, work for, consult for, be an officer or director or, advise, represent, engage in, or carry on any business engaged in the practice of long term care pharmacy services or any other business similar to the type of business engaged in by the Corporation at that time.
Injunction and Damages. I agree that this Agreement is important, material, confidential, and gravely affects the effective and successful conduct of the business of the Corporation and affects its reputation and good will. The Corporation is entitled to obtain an injunction and damages for any breach of this Agreement, including but not limited to compensatory, incidental, consequential, exemplary, and lost-profits damages. I agree to pay the Corporation’s attorneys’ fees, litigation expenses and costs for enforcement of this Agreement if I breach this Agreement.
Wherever used in this agreement, the phrase “directly or indirectly” includes, but is not limited to, acting through my wife, children, parents, brothers, sisters, or any other relatives, friends, trustees, agents, or associates. The Corporation may waive a provision of this Agreement only in a writing signed by the President of the Corporation and specifically stating what is waived. The rights of the Corporation under this Agreement may be assigned, but I may not assign my rights or obligations under this Agreement. The title of this Agreement and the paragraph headings of this Agreement are not substantive parts of this Agreement and shall not limit or restrict this Agreement in any way. This Agreement is not a contract for future employment and does not change the fact that my employment may be terminated at any time by either me or the Corporation. This Agreement survives after my employment terminates. No change, addition, deletion or amendment of this Agreement shall be valid or binding upon me or the Corporation unless in writing and signed by me and the Corporation. This agreement is in addition to any other jurisdiction finally determines this agreement to be unreasonable, then said court may reduce the term or years or the geographical range, or both, so as to be reasonable.
AGREEMENT NOT TO COMPETE: