Kohl's 2008 Annual Report Download - page 72

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10
in this Section 10 are reasonable, appropriate and necessary for the protection of the Company’s goodwill, customer,
supplier and vendor relationships and confidential information and trade secrets. Executive further acknowledges and
agrees that the restrictions contained in this Section 10 will not pose an undue hardship on Executive or Executive’s ability
to find gainful employment.
B. For the one (1) year period following the Termination Date, Executive will not, directly or indirectly, provide Restricted
Services (defined below) for or on behalf of any Competitive Business (defined below). During such one (1) year period,
Executive also will not, directly or indirectly, provide any Competitive Business with any advice or counsel in the nature o
f
the Restricted Services.
C. Definitions. For purposes of this Section 10, the following are defined terms:
(i) Restricted Services. “Restricted Services” shall mean services of any kind or character comparable to those
Employee provided to the Company during the eighteen (18) month period immediately preceding Employee’s last
date of employment with the Company.
(ii) Competitive Business. “Competitive Business” shall mean any entity (including related entities) that as of the time
of the determination (i) generates, in the aggregate with its related entities, more than Five Hundred Million Dollars
($500,000,000) in annual revenues; and (ii) operates or owns a Retail Business. “Competitive Business” shall also
include a business that provides a buying office or sourcing service to a Retail Business. “Retail Business” means
any business or related businesses engaged in the sale of products at retail which derives at least twenty percent
(20%) of its annual revenue from the sale of Goods in the United States and owns or operates retail stores located
within twenty-five (25) miles of any store operated by Kohl’s Corporation or any of its subsidiaries.