NOT, IN ANY
CAPACITY, ACCEPT EMPLOYMENT WITH THE EMPLOYER WITH WHOM ANKER WAS EMPLOYED
IMMEDIATELY PRECEDING THE COMMENCEMENT OF ANKER'S PRIOR EMPLOYMENT WITH THE
CORPORATION, NOR UNTIL MARCH 16, 2008 WILL ANKER, IN ANY CAPACITY, ACCEPT
EMPLOYMENT WITH ANY OF THE FOLLOWING BUSINESS ENTITIES, INCLUDING ANY PARENT OR
SUBSIDIARY ENTITIES OR OTHER AFFILIATED ORGANIZATIONS: W.W. GRAINGER, INC.; J&L
INDUSTRIAL SUPPLY; FASTENAL CORPORATION; THE HOME DEPOT, INC.; AND MCMASTER CARR
SUPPLY.
3.
NON-SOLICITATION.
(A)
ANKER RECOGNIZES THAT THE CORPORATION'S
RELATIONSHIP AND GOODWILL WITH ITS CUSTOMERS HAVE BEEN ESTABLISHED AT
SUBSTANTIAL COST AND EFFORT BY THE CORPORATION.
(B)
UNTIL MARCH 16, 2008, ANKER SHALL NOT IN ANY
CAPACITY EMPLOY OR SOLICIT FOR EMPLOYMENT, OR RECOMMEND THAT ANOTHER PERSON
EMPLOY OR SOLICIT FOR EMPLOYMENT, ANY PERSON WHO IS THEN, OR WAS AT ANY TIME
DURING THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE TERMINATION OF ANKER'S
EMPLOYMENT, AN ASSOCIATE, SALES REPRESENTATIVE OR AGENT OF CORPORATION OR ANY
PRESENT OR FUTURE SUBSIDIARY OR AFFILIATE OF CORPORATION.
(C)
FURTHER, UNTIL MARCH 16, 2008, ANKER WILL
NOT, ON BEHALF OF HIMSELF, OR ANY OTHER PERSON, FIRM OR CORPORATION, SOLICIT ANY
OF THE CORPORATION'S OR ITS AFFILIATE'S CUSTOMERS WITH WHOM HE HAS HAD CONTACT
WHILE WORKING FOR THE CORPORATION; NOR WILL ANKER IN ANY WAY, DIRECTLY OR
INDIRECTLY, FOR HIMSELF, OR ANY OTHER PERSON, FIRM, CORPORATION OR ENTITY,
DIVERT, OR TAKE AWAY ANY CUSTOMERS OF THE CORPORATION OR ITS AFFILIATES WITH
WHOM ANKER HAS HAD CONTACT. FOR PURPOSES OF THIS PARAGRAPH, THE TERM "CONTACT"
SHALL MEAN ENGAGING IN ANY COMMUNICATION, WHETHER WRITTEN OR ORAL, WITH THE
CUSTOMER OR A REPRESENTATIVE OF THE CUSTOMER, OR OBTAINING ANY INFORMATION WITH
RESPECT TO SUCH CUSTOMER OR CUSTOMER REPRESENTATIVE.
4.
RETURN OF PROPERTY.
ANKER HAS DELIVERED TO
CORPORATION ALL PROPERTY BELONGING TO CORPORATION IN ANKER'S POSSESSION OR
CONTROL, INCLUDING ALL DOCUMENTS (AS DEFINED HEREIN) EMBODYING CONFIDENTIAL
INFORMATION. AS USED HEREIN, "DOCUMENTS" SHALL MEAN ORIGINALS OR COPIES OF
FILES, MEMORANDA, CORRESPONDENCE, NOTES, MANUALS, PHOTOGRAPHS, SLIDES,
OVERHEADS, AUDIO OR VIDEO TAPES, CASSETTES, OR DISKS, AND RECORDS MAINTAINED ON
COMPUTER OR OTHER ELECTRONIC MEDIA.
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5.
NOTICE TO FUTURE EMPLOYERS.
UNTIL MARCH 16, 2008,
ANKER WILL INFORM EACH NEW EMPLOYER, IN WRITING, PRIOR TO ACCEPTING EMPLOYMENT,
OF THE EXISTENCE AND DETAILS OF THIS AGREEMENT AND WILL PROVIDE THAT EMPLOYER
WITH A COPY OF THIS AGREEMENT. ANKER WILL SEND A COPY OF EACH SUCH WRITING TO
THE CORPORATION AT THE TIME THE ANKER INFORMS EACH NEW EMPLOYER OF THE
AGREEMENT.
6.
REMEDIES.
ANKER ACKNOWLEDGES THAT THIS AGREEMENT,
ITS TERMS AND HIS COMPLIANCE IS NECESSARY TO PROTECT THE CORPORATION'S
CONFIDENTIAL AND PROPRIETARY INFORMATION, ITS BUSINESS AND ITS GOODWILL; AND
THAT A BREACH OF ANY OF ANKER'S PROMISES CONTAINED IN THIS AGREEMENT WILL
IRREPARABLY AND CONTINUALLY DAMAGE THE CORPORATION TO AN EXTENT THAT MONEY
DAMAGES MAY NOT BE ADEQUATE. FOR THESE REASONS, ANKER AGREES THAT IN THE EVENT
OF A BREACH OR THREATENED BREACH BY THE ANKER OF THIS AGREEMENT, THE CORPORATION
SHALL BE ENTITLED TO A TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION
RESTRAINING ANKER FROM SUCH