The expression 'same as, or similar to' in a restraint clause is an established form of limitation connoting competitive activity, but a restraint clause cannot be read down by adding qualifications (such as limiting it to activities where confidential information is relevant) that are not found in the text. A restraint listing multiple named entities in an annexure will be construed as a single covenant, not as multiple separate covenants, and accordingly individual entities cannot be severed to save the restraint. Employers seeking to enforce restraints must lead evidence establishing the special circumstances justifying the restraint against each named entity, and the subjective views of officers are insufficient for this purpose.
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