input: Premise: COVENANT NOT TO COMPETE This Covenant Not to Compete (this "Agreement") is made this 3rd day of April, 1996 by and among Lumex, Inc., a New York corporation ("Seller"), Lumex Medical Products, Inc. (f/k/a MUL Acquisition Corp. I), a Delaware corporation ("Purchaser I"), MUL Acquisition Corp. II, a Delaware Corporation ("Purchaser II) (Purchaser I and Purchaser II are collectively referred to herein as "Purchasers"), and Fuqua Enterprises, Inc., a Delaware corporation ("Parent"). WITNESSETH WHEREAS, Seller through its Lumex division (the "Division") and an affiliated leasing company is engaged in the business of designing, manufacturing, marketing, selling, leasing and distributing a wide variety of health care products; and WHEREAS, Purchasers, wholly owned subsidiaries of Parent, are to acquire substantially all of the assets and properties of the Division pursuant to an Asset Sale Agreement, dated as of March 13, 1996, among Seller, Purchasers and Parent (the "Asset Sale Agreement"); capitalized terms used herein and defined in the Asset Sale Agreement shall have the meanings set forth in the Asset Sale Agreement when used herein unless otherwise defined herein or unless the context otherwise requires; and WHEREAS, following the consummation of the transactions contemplated by the Asset Sale Agreement, Purchasers will control and conduct the Business (as hereinafter defined); and WHEREAS, to induce Purchasers and Parent to consummate the Asset Sale Agreement and to acquire the Assets, Seller has agreed to execute this Agreement, the terms and conditions of which are a material and integral part of the consideration for the Asset Sale Agreement; NOW, THEREFORE, in consideration of the premises, the mutual promises and covenants of the parties set forth in this Agreement and the Asset Sale Agreement, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: ARTICLE I
  Hypothesis: Receiving Party shall not disclose the fact that Agreement was agreed or negotiated.
  Entailment, Contradiction, or Not mentioned?
  Answer:<extra_id_0>.