Prior Restrictive Covenants. Participant acknowledges and agrees that Participant is not a party to any agreement with any other company containing a confidentiality or noncompetition provision or other restriction that relates to the Business of the Corporation which Participant has not already disclosed to the Corporation or its Affiliates in writing. Participant understands that Participant is prohibited from disclosing or using during Participant’s employment with the Corporation any confidential information or trade secrets that Participant acquired from any previous employer.

3.7Restrictive Covenants. Participant acknowledges and agrees that, by virtue of his or her relationship with the Company, Participant has and will obtain knowledge of the business, operations and activities of the Company and its Affiliates, and has been and will be provided non-public Confidential Information (as defined below) of the Company and its Affiliates that would not have been provided to Participant but for the position of Participant with Company. Participant agrees and recognizes that the Company and its Affiliates would be irreparably harmed and damaged, if Participant # solicits any current or prospective customers or employees of the Company or its Affiliates in violation of the provisions of this [Section 3.7], # enters into an activity competing with the Company or its Affiliates, or # makes unauthorized use or disclosure of any of the Confidential Information (as defined below) of the Company or its Affiliates. Consequently, in order to be eligible to participate in the Plan, which Participant acknowledges that he or she is not eligible to participate in such Plan in the absence of agreeing to the provisions of this [Section 3.7], Participant acknowledges and agrees to the provisions set forth below.