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required, to use its commercially reasonable efforts to obtain an appropriate protective order or <br />other reasonable assurance that confidential treatment will be accorded such information. <br />(e) Non -Competition. The Seller and the Individuals shall not, and shall not <br />permit any of their current or future Affiliates to, for a period of five (5) years following the <br />Closing Date, (i) establish, acquire, engage in or enter into any business that competes with the <br />Business (a "Competitive Business') within the State of Colorado (the "Territory'); or (ii) <br />have any interest in any Competitive Business within the Territory, including as a partner, <br />shareholder, member or principal thereof. Notwithstanding the foregoing, the Seller and the <br />Individuals and any of their Affiliates may own, directly or indirectly, solely as an investment, <br />securities of any Person traded on any national securities exchange if the Seller, the Individuals <br />and any of their respective Affiliates, as applicable, is not a controlling Person of, or a member <br />of a group which controls, such Person and does not, directly or indirectly, own five percent <br />(S%) or more of any class of securities of such Person. <br />(0 No Solicitation of Competing Transactions. From the Execution Date <br />until the earlier of either (i) the termination of this Agreement pursuant to Section 7.1. (ii) the <br />Closing Date or (iii) the one-year anniversary of the Execution Date, neither the Seller nor any of <br />the Individuals will, either directly or indirectly through any of their respective Affiliates or <br />Representatives, (A) solicit, initiate, entertain or encourage the submission of any proposal or <br />offer from any third party regarding a Competing Transaction, (B) participate in any discussions <br />or negotiations, furnish any information, assist or participate in, or knowingly facilitate in any <br />other manner any effort or attempt by any third party to undertake a Competing Transaction or <br />(C) enter into any agreements or other instruments (whether or not binding) regarding a <br />Competing Transaction. The Seller and the Individuals shall immediately following the <br />Execution Date cease and cause to be terminated, and shall cause their respective Affiliates and <br />Representatives to immediately cease and cause to be terminated, all existing discussions or <br />negotiations with any Persons (other than the Buyer) conducted heretofore with respect to, or <br />that could lead to, a Competing Transaction. <br />(g) Notification of Competing Transactions. From the Execution Date until <br />the earlier of either (i) the termination of this Agreement pursuant to Section 7. 1, (ii) the Closing <br />Date or (iii) the one-year anniversary of the Execution Date, the Seller shall promptly (and in any <br />event within two (2) Business Days after receipt thereof by the Seller and the Individuals or their <br />respective Affiliates or Representatives) advise the Buyer orally and in writing of any Competing <br />Transaction, any request for information with respect to any Competing Transaction or any <br />inquiry with respect to or which could reasonably be expected to result in a Competing <br />Transaction, the material terms and conditions of such request, Competing Transaction or <br />inquiry, and the identity of the Person making the same. <br />(h) Adequate Remedy. The Seller and each of the Individuals agree and <br />acknowledge that the Buyer will not have an adequate remedy at law if the Seller or any of the <br />Individuals fails to comply with Sectrons 4.1(eJ to 4.1 (a In such event, the Buyer will have the <br />right, in addition to any other rights the Buyer might have, to obtain injunctive relief to restrain <br />any breach or threatened breach of the terms of Sections 4.1(e) to Ll ( or to obtain specific <br />enforcement of such terms. <br />23 <br />