Is this part enforceable in Florida?
Kelly shall not directly or indirectly engage in (as a principal, shareholder, partner, director, officer, agent, employee, consultantor otherwise) or be financially interested in any business operating within the geographic areas where Herzog now or in the future engages in its business (the "Restricted Area") which is involved in business activities which are the same as, similar to or in competition with business activities carried on by Herzog, or being planned by Herzog, at the time of the date of this Agreement; provided, however, nothing contained in this paragraph 5 shall prevent Kelly holding for investment not more than one percent (1%) of any class of equity securities of a company whose securities are publicly traded on a national securitiesexchange or any national market system.
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