Extract to table

(c) "Competing Business" means (i) any Person that is engaged in, or (ii) any division, unit, segment, subsidiary, or affiliate of any Person that is engaged in, the Business in the Territory; provided, however, that ownership of not more than two percent (2%) of the outstanding equity securities of any Person whose securities are listed on a national securities exchange or traded on a nationally recognized over-the-counter market shall not, by itself, constitute a Competing Business for purposes of this Agreement

Notwithstanding the foregoing, "Confidential Information" shall not include information that: (A) is or becomes generally available to the public other than as a result of a disclosure by the Restricted Party or any of his representatives in violation of this Agreement; (B) was available to the Restricted Party on a non-confidential basis from a source other than the Business, the Seller, or the Buyer, provided that such source is not known by the Restricted Party to be bound by a confidentiality obligation to the Buyer, the Seller, or any of their respective affiliates with respect to such information; (C) is independently developed by the Restricted Party without the use of, or reference to, any Confidential Information; or (D) is required to be disclosed by applicable law, regulation, governmental order, or legal process, subject to compliance with Section 5

(g) "Restricted Period" means the period commencing on the Closing Date and ending on the fourth (4th) anniversary of the Closing Date; provided, however, that the Restricted Period shall be subject to extension pursuant to Section 7

Unless the context otherwise requires, words importing the singular include the plural and vice versa, words importing gender include all genders, and references to "include," "includes," and "including" shall be deemed to be followed by the phrase "without limitation

" References to any agreement, document, or instrument shall mean such agreement, document, or instrument as amended, supplemented, or modified from time to time in accordance with its terms

1, the following activities shall not constitute a violation of the non-competition covenant: (a) Passive Investment