FAIR COMEPTITION THIS RESTRICTIVE COVENANT AGREEMENT (this “Agreement’) is entered into by and between LGC ASSOCIATES, LLC, an Indiana limited liability company (hereinafter referred to as “Employer”) and _ (hereinafter referred to as, “Employee”). WITNESSETH: WHEREAS, Employer is engaged in the business of the recruitment and placement of food service and hospitality professionals (“the Business of Employer”); WHEREAS, Employer desires to employ or continue the employment of Employee, and Employee desires to be employed or continue his or her employment by Employer, upon the terms and conditions contained in this Agreement; NOW, THEREFORE, in consideration of the employment or continued employment of Employee by Employer, the mutual covenants and promises herein contained and other good and valuable consideration, the receipt, adequacy and sufficiency of which are hereby acknowledged, the parties hereto agree as follows 1. Manner of Conduct. Employee acknowledges that Employee's conduct while employed by Employer will reflect directly on Employer and the reputation of Employer's business, and agrees to conduct himself or herself in such a manner as to foster and support desirable relationships with customers and employees of Employer and to bolster the positive image of Employer's business. Employee agrees that Employee will observe and comply with the policies and rules of Employer respecting performance of Employee’s duties hereunder and will carry out and perform orders and directions stated by Employer from time to time. 2. Confidentiality. During Employee's employment by Employer, Employee will be ‘exposed to certain confidential and proprietary information belonging to Employer and certain methods of procuring and protecting Employer's market and its business, including, but not limited to, Employer's business plans; strategies; concepts; financial records; pricing schedules; operating procedures; customer lists and requirements; financial statements; customer contact information; contracts and agreements with customers; and other records and information (the “Proprietary Information”), all of which is confidential and the sole property of Employer. Employee acknowledges that all of the Proprietary Information is the sole and exclusive property of Employer, and Employee agrees to maintain all of the Proprietary Information at all times as secret and confidential. Employee further acknowledges that the Proprietary Information, including any Proprietary Information used or created by Employer in the future or created by Employee during Employee's employment with Employer, is a valuable, special and unique asset of Employer and constitutes confidential information in which Employer has a protectable interest. Employee expressly acknowledges that the Proprietary Information constitutes a “trade secret” as defined by the Indiana Uniform Trade Secrets Act, Indiana Code 24-2-3-1. et seq, Note that the Defend Trade Secrets Act of 2016 provides immunity from civil and criminal liability under state and federal trade secret laws for any Employer employee who discloses a trade secret in a lawsuit or Re. 1.2020 i 26554049.1other proceeding filed under seal or who discloses a trade secret in confidence to a government official or an attomey for the sole purpose of reporting or investigating a suspected violation of law, Therefore, to avoid disputes in the future, Employee agrees that during Employee's employment with Employer and at all times thereafter, Employee will maintain the secrecy of the Proprietary Information and will not disclose any of the Proprietary Information to any person or entity for any reason or purpose whatsoever except in the usual discharge of Employee's duties for Employer, and even then, Employee shall limit access to the Proprietary Information only to such persons or entities and to such extent as is necessary for Employee to carry out Employee’s duties for Employer. During Employee's employment by Employer, and atall times thereafter, Employee promises and agrees not to use the Proprietary Information for Employee's own benefit or for the benefit of any third party. 3. Return of Proprietary Information. Upon termination of Employee’s employment ch Employer, or at any time upon Employer's demand, Employee shall immediately cease to use any Proprietary Information and return to Employer without retaining any copies (i) all documents (electronic or otherwise), all electronically stored data, all tangible items, and all copies of the foregoing containing Proprietary Information or from which Proprietary Information may be derived, and (i) all other property and tangible information belonging to Employer in Employee’s possession, custody, or control. Proprietary Information includes Employee’s own notes. Upon request made by Employer at any time, Employee shall provide Employer with a written certification of compliance with this paragraph, 4. Fair Competition. Employee acknowledges that Employer has and will in the future establish a reputation for superior performance in its field and a special relationship between itself and its customers. As a result of Employee's employment by Employer, Employee will receive special introduction to and the opportunity to develop relationships with the customers of Employer. During or after the termination of this Agreement, Employee's disclosure to third parties of the names of or other significant or relevant information with respect to the customers of Employer or the solicitation by Employee, directly or indirectly, of the customers of Employer for the personal benefit of Employee, for the benefit of any third party or for any other reason would have an adverse impact upon the business of Employer. Further, other than as necessary to carry out Employee’s duties for Employer, Employee's use of the knowledge and/or relationships obtained as a result of Employee's employment by Employer to be involved in any way with a business competing with Employer would have an adverse effect upon the business of Employer. During Employee’s employment with Employer, Employee will be exposed to and develop relationships with the employees and independent contractors of Employer. The solicitation of such employees of Employer to leave the employment of Employer, or of the independent contractors of Employer to terminate their engagement by Employer, whether to be employed by, to own or hold any interest in or otherwise be involved with any business which competes with or is similar in nature to the business of Employer, whether as an employee, agent, independent contractor, partner, shareholder, officer, director, member, proprietor or otherwise, would have an adverse impact upon the business of Employer. Rev. 1.2020 tase 26554940.1,‘Therefore, to avoid disputes in the future, and in consideration for entry into this Agreement, Employee agrees as follows: (a) _ Non-Disclosure of Customers. During Employee's employment by Employer and for a period of one (1) year after termination of Employee’s employment by Employer, whether with or without cause and whether terminated by Employer or Employee, Employee will not disclose the names of or any other significant or relevant information with respect to the customers of Employer to any third party unless such losure is in furtherance of the business of Employer or has been consented to in writing by Employer. For purposes hereof, “customers of Employer” shall include any person to whom or entity to which Employer has provided services during Employee’s employment by Employer or to whom Employer has made a proposal to provide services within the six (6) month period immediately prior to Employee’s termination of employment with Employer. (b) Non-Disclosure of Prospective Customers. During Employee’s employment by Employer and for a period of one (1) year after termination of Employee's employment by Employer, whether with or without cause and whether terminated by Employer or Employee, Employee will not disclose the names of or any other significant or relevant information with respect to the prospective customers of Employer to any third party unless such disclosure is in furtherance of the business of Employer or has been consented to in writing by Employer. For purposes hereof, “prospective customers of Employer” shall include any person to whom or entity to which Employer has directly made a proposal for the sale of services during Employee's employment by Employer and within the twelve (12) month period immediately prior to Employee’s employment by Employer. (© Non-Piracy. During Employee’s employment by Employer and for a period of cone (1) year after termination of Employee’s employment by Employer, whether with or without cause and whether terminated by Employer or Employee, Employee will not i. Solicit, contact, persuade, cause, attempt to cause, offer, take away, or influence, or otherwise perform services for, any customer or prospective customer of Employer (both defined above) that reduces, terminates, or otherwise diverts the services provided or offered by Employer to the customer(s) or prospective customer(s) (whether or not any particular service was sold to the particular customer or prospective customer being, solicited or contacted). fi, Solicit, influence, induce, or attempt to induce any of the employees of Employer to leave the employment of Employer for any reason. For purposes hereof, “employees of Employer” shall include any employee employed by Employer at any time after the date of this Agreement. iii, Solicit, influence, induce, or attempt to induce any of the independent contractors of Employer to terminate their engagement by Employer for Rev. 1.2020 Init 26594940.1,any reason. For purposes hereof, “independent contractors of Employer” shall include any person or entity engaged by Employer as an independent contractor at any time after the date of this Agreement. (d) Reasonableness of Restrictions. Employee has carefully read and considered the provisions of this Section 3, and, having done so, agrees thatthe restrictions set forth in Section 4 are fair and reasonable and are reasonably required for the protection of the interests of Employer. In the event that any provision of this Section 4 relating to time period is declared by 4 court of competent jurisdiction to exceed the maximum time period that court deems reasonable and enforceable, the time period, in that court’s jurisdiction, will be deemed to ‘become and thereafter be the maximum time period of restriction that court deems reasonable and enforceable. Employee further acknowledges that he or she is entering into this Agreement knowingly and voluntarily. 5. Acknowledgments (a) Inthe event Employee's employment with Employer terminates for any reason, regardless of whether the termination is initiated by Employee or Employer, Employer agrees that compliance with the foregoing obligations that continue beyond employment will not prevent Employee from earning a livelihood; and, Employee's ability to earn a livelihood ‘without violating such obligations is a material condition of Employee’s employment with Employer. () This Agreement will remain in effect notwithstanding any changes in Employee’s. le, location of place of work, or assignment; any transfer between business groups or divisions of Employer; or, any changes in Employee’s duties, position, or classification, (c) Employee's obligations to Employer under this Agreement will be owed to its Affiiate(s) the same as they are owed to Employer, to the extent that such affiliate is engaged in the Business of Employer, a related business providing the same or similar services, or in businesses or services encompassed by Employee's job responsibilities. “Affiliate” means (a) any subsidiary of Employer; (b) any successor to Employer or any such subsidiary, whether by ‘means of merger, reorganization, acquisition, or sale of all or substantially all the assets; or (c) any entity controlled by or under common control with Employer or its suecessor(s).. 6. Tolling. In the event that Employee violates any of the covenants contained in this Agreement, the time period of such covenant shall be tolled so long as such violation continues and during the course of any litigation arising under this Agreement. 7. — NoConflict; Liability for Employee's Actions; Indemnificat (a) Employee represents and warrants that neither Employee's employment with Employer nor Employee's performance or execution of this Agreement will breach or otherwise violate any valid agreements or legally binding obligations that Employee has with respect to any former employers or any other person, business, or entity Rev. 1.2020 waa RY 26534040 1(b) Employee and Employer expressly agree that Employer shall not be liable for any claim alleged against Employee provision, or for any action or failure to act of Employee which is outside the scope of Employee's employment hereunder. (©) __ Employee agrees to indemnify and hold harmless Employer and its shareholders, directors, officers, employees and agents from and against any and all losses, damages, injuries, claims, demands, actions and causes of action, and all expenses, legal or otherwise (including court costs and attomeys’ fees), of any kind and nature arising against any of them as a result of or caused by any action or failure to act of Employee which is contrary to the disclaimer in S(a) or outside the scope of Employee's employment hereunder under 5 (b). (4) __ The waiver of liability and indemnification contained in this section shall continue in full force and effect notwithstanding the termination of this Agreement, whether by expiration of time, by operation of law or otherwise. 8. Remedies. In addition to all other legal and equitable remedies, and not by way of any limitation, Employee consents to appropriate injunctive relief, without bond if allowed by law, to enjoin any breach or threatened breach of this Agreement, and Employee acknowledges ‘and agrees that each such breach or threatened breach will cause immediate and irreparable harm to Employer ina manner that cannot be measured nor adequately compensated in monetary damages. Nothing contained in this Agreement shall restrict or limit in any manner Employ right to seek and obtain any form of relief, legal or equitable, in an action related to any provision of this Agreement. In the event that any action must be taken by Employer to enforce the terms of this Agreement and if Employer is successful in enforcing this Agreement against Employee, then Employee shall be liable to pay to Employer all costs incurred by Employer in seeking to enforce this Agreement, including but not limited to court costs and legal fees and expenses. 9. Voluntary Act. Employee signs this Agreement freely and voluntarily and acknowledges that Employee was advised to consult with an attorney and has had an opportunity to do so, Employee acknowledges that Employee has not relied upon any representations of Employer or its counsel. 10. Notices. All notices hereunder shall be in writing and shall be deemed to have been given at the time when mailed in any United States Post Office addressed to the address of the respective parties stated below, or to such changed address as such party may have fixed by notice as aforesai Ifto Employer: LGC Associates, LLC 8200 Haverstick Rd #102 Indianapolis, Indiana 46240 Attention: George A. Lessmeister Ifto Employee: Rev. 1.2020 Initials: QP 25504040.1I. Non-Waiver. Failure to insist upon strict compliance with any of the terms, ‘covenants or conditions hereof shall not be deemed a waiver of such term, covenant or condition. 12. Severability. Each section and subsection of this Agreement constitutes a separate and distinet provision of this Agreement. It isthe intent of the parties that the Provisions of this Agreement be enforced to the fullest extent permissible under the laws and Public policies applicable in each jurisdiction in which enforcement is sought.. Accordingly, if any provision of this Agreement is adjudicated to be invalid, ineffective or unenforceable, the remaining provisions will not be affected by that adjudication. The invalid, ineffective or ‘unenforceable provision will, without further action by the partes, be automatically amended or limited, as appropriate, to effect the original and/or lawful purpose and intent; provided, however, that such amendment will apply only with respect to the operation of such provision in the particular jurisdiction where such adjudication is made. 13. Entire Agreement. This Agreement embodies the entire understanding between the parties, any and all prior correspondence, conversations or memoranda being merged herein and replaced hereby and being without effect hereon, and no change, alteration or modification hereof may be made except in writing signed by both parties hereto. 14. Binding Effect and Assignability. This Agreement will not be affected by any change in Employer's name or by any consolidation, merger, transfer, sale, reorganization, or acauisition of Employer. It will be binding upon and inure tothe benefit of Employer's successors and assigns; and Employee, Employee's heits, executors, administrators, and legal representatives. 15. At-Will. This Agreement is not to be construed as an employment contract, and it does not entitle Employee to any particular term of employment with Employer, or any status other than that of an at-will employee. 16. Counterparts. This Agreement may be executed in one or more counterparts, each of which will be deemed to be an original copy of this Agreement and all of which, when taken together, will be deemed to constitute one and the same agreement. The exchange of copies of this Agreement and of signature pages by facsimile or electronic mail transmission shall constitute effective execution and delivery of this Agreement as to the parties and may be used in lieu of the original Agreement forall purposes. Signatures of the partis transmitted by facsimile or electronic mail shall be deemed to be their original signatures for all purposes. 17, Governing Law. This Agreement is entered into in the State of Indiana and shall be governed by the laws of the State of Indiana without regard to principles of eontfict of laws. Employee consents to, and agrees not to make any challenge to, the governing laws of Indiana, Employee further agree to submit to the personal jurisdiction and venue of the state and federal courts in the State of Indiana in or serving Marion County, Indiana for resolution of all disputes and causes of action arising out of this Agreement, and Employee hereby waives all questions of peisonal jurisdiction and venue of such courts, including, without limitation, the claim or defense therein that such courts constitute an inconvenient forum. Rey. 1.2020 Initials) 6534040.1IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written, EMPLOYER: LGC ASSOCIATES, LLC an Indiana limited liability company Date: By Rachel Martin, Sr VP Operations EMPLOYEE: doe WISP —_— Signature Se Aa Printed Rev. 1.2020 26534949.1 7 agHOSPITALITY Laptop Computer Sign-Out L, Lose Ae have received in my possession, a laptop computer maker QUS with serial # I agree to and understand that upon termination from LGC I will return the laptop in working condition to LGC immediately. I also agree that should I not return the laptop, or if I return the laptop with any damage, whether physical to the unit itself, or to the software/hardware contained within, that I will be required to pay LGC $1,500 replacement cost. Lagree to have the amount deducted from my last paycheck with any remaining balance due LGC with 24 hours of return. Signature 4 Printed Name Come Sst SU -O4-Yos— LGC ManagerHOSPITALITY, Handbook Sign-Off 1, bse Wr , have received and read the LGC Employee Handbook revised September, 2020. I agree to and understand the policies written within. I understand and agree that my employment with LGC is “at will.” I also understand that it is my responsibility to comply with future updates of the Handbook. Date \\ aS" | Go2a~ Signature [| — Saal Printed Name flow Lote SS# SU 04 - YG» have received the leage log and expense Oper training and agree - Lalso agree that [ must lleage log, and all efore the 5" day of the turn in my expense report, mi Coordinating receipts on or b following month, T understand and agree that if I fail to do any of the above, I will be asked to correct the report and will not be paid until the following month. Date UI [ S/ 2020 Signature | /{ Printed Name Cos Wee SS# S41 Of HotS LGC Manager