Non-competition Agreement - J. C. Gongas

NON-COMPETITION AGREEMENT


This Non-Competition Agreement is made this 9th day of July, 1999 by and between Equitable Resources, Inc., a Pennsylvania corporation having a business address at One Oxford Centre, Suite 3300, Pittsburgh, Pennsylvania 15219 (Equitable Resources, Inc. and its subsidiary companies hereinafter collectively known as the "Company") and John C. Gongas, Jr. ("the Employee").


WITNESSETH


WHEREAS, in connection with the Employee's accepting a new assignment with the Company pursuant to the terms of an Employment Agreement of even date herewith, the Company and the Employee have determined that it is in the best interests of both parties to enter into this agreement;


WHEREAS, the Company is willing to grant to the Employee certain additional benefits in consideration of the Employee's agreement to comply with specific post-employment non-competition requirements and to execute the attached release; and


WHEREAS, the Company and the Employee wish to enter into this agreement to reflect their understanding of those benefits and requirements;


NOW, THEREFORE, in consideration of the premises and the mutual covenants and agreements contained herein, and intending to be legally bound hereby, the parties hereto agree as follows:


1. During the term of his employment and for a period of twelve (12) months from the termination date of his employment with the Company, the Employee will not (i) engage, directly or indirectly, (including by way of example only, as a principal, partner, joint venturer, employee, agent or consultant) nor have any direct or indirect interest in any enterprise which engages in the production, transmission, storage or distribution of natural gas or natural gas liquids in Pennsylvania, West Virginia, Kentucky, Virginia, western Maryland, eastern Ohio or western New York, except with the Company's prior written consent; (ii) act in any capacity, directly or indirectly, to provide information or services to any third party in any way relating to the Company without the Company's prior written consent; (iii) engage in any business activity competitive with any project or proposed project which has been discussed by the Employee in the course of his employment with the Company or any project or proposed project with respect to which the Company has initiated any business activity; (iv) take away or interfere, or attempt to interfere, with any customer, trade or existing contractual relations of the Company, including any business project or any contemplated business project which representatives of the Company have discussed with any potential participant in such project; or (v) interfere, or attempt to interfere with any officer, employee, representative, or agent of the Company, or induce, or attempt to induce, any of them to leave the employ of the Company, its successors, assigns, or affiliates, or to v ...