Home Depot 2015 Annual Report Download - page 79

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Page 6 of 11
9. Non-Competition and Non-Solicitation.
(a) Executive acknowledges that during the Executive’s employment and at the time of Executive’s
termination, the Executive provided services to Company, its parents, subsidiaries, affiliates, and
related entities (referred to collectively in this paragraph as “entities”) in all locations that these entities
conduct business. These services necessarily required Company to disclose the Confidential
Information and Trade Secrets of these entities to Executive. Executive further acknowledges that
the Executive’s position allowed the Executive to develop a personal relationship with certain
customers, suppliers and vendors of Company, its parents, subsidiaries, affiliates, and related entities,
and to acquire knowledge of the affairs and requirements of these customers, suppliers and vendors.
The customers, suppliers and vendors with whom Executive has had business dealings with on behalf
of these entities are located throughout the world. As a result, Executive agrees that the Executive
will not, on or before August 1, 2017, enter into or maintain an employment, contractual, or other
business relationship, either directly or indirectly, to provide to any Competitor executive, operational
or managerial services that are the same as or similar to the services Executive provided to the
Company, either directly or indirectly, at any point during the last two (2) years of Executive’s
employment with the Company. “Competitor” means any company or entity that sells or offers
Products or Services that are the same as or similar to the Products or Services sold and offered by
the Company, its parents, subsidiaries, affiliates or related entities, in the United States or Canada.
For the purposes of this Agreement, “Competitor” shall mean the following entities and each of their
subsidiaries, affiliates, assigns, franchisees, or successors in interest: Lowe’s Companies, Inc.
(including, but not limited to, Eagle Hardware and Garden and/or Orchard Supply and Hardware
Company); Sears Holding Corp.; Amazon.com; Menard, Inc.; HD Supply Holdings, Inc.; W.W.
Grainger, Inc.; Ferguson; Floor and Decor; Ace Hardware; True Value Company; RONA Inc.;
Canadian Tire; Lumber Liquidators; and Wal-Mart. “Products or Services” means anything of
commercial value, including, without limitation: goods; personal, real, or intangible property;
services; financial products; business opportunities or assistance; or any other object or aspect of
business or the conduct thereof.
(b) In the event Executive wishes to enter into any relationship or employment on or before August 1,
2017 which would violate the above non-compete provision, Executive agrees to request written
permission from Company’s Executive Vice President, Human Resources before entering any such
relationship or employment. Company may approve or not approve of the relationship or employment
at its absolute discretion.