Elizabeth Employee $("$EE$")$ entered into an employment agreement with Email Services Inc. $("$E$"),$ a company that sells software products, tools, and services designed to help businesses make better use of their email. EE was hired as a Sales Manager, and she and her team managed$/$ developed the southwest Houston area. HER EMPLOYMENT AGREEMENT is governed by the State of Texas $($which uses a test which is essentially identical to the time$-$geography$-$scope test of Wisconsin for noncompetition covenants$),$ and the agreement contains the following language: "During the term of his employment with $E,$ and for a period of ten years after the termination of such employment, EE will not $($without the express written consent of E$)$ directly or indirectly $($a$)$ own, $($b$)$ operate, $($c$)$ manage, $($d$)$ consult with, $($e$)$ control, $($f$)$ participate in the management or control of$,(g)$ be employed or contractually engaged with in any capacity, or $(h)$ maintain or continue any interest in any enterprise that competes with $E$ in the southern United States. This restriction applies whether termination is voluntary or not, for "cause" or not, requested by $EE,$ or initiated by E$."$ According to the guidance provided by your casebook and course materials, which of the following statements is true?

Choice A: Elizabeth likely will be bound by the noncompetition covenant, because it conforms to $($is consistent with$)$ the typical parameters of the Texas test.

Choice B: Elizabeth will likely not be bound by the noncompetition covenant, because it violates the typical parameters of the Texas test.

Choice C: Elizabeth likely will be bound by the noncompetition covenant, because it expressly addresses all three of the required parts of the time$-$geographyscope test. It addresses the period of time, it addresses the geographic territory covered, and it addresses the employee's future scope of work.

Choice D: Precisely two of the choices A$,$ B$,$ and C are correct.

Choice E: All of the choices A$,$ B$,$ and C are correct.

Next $-$