Competition and Confidentiality. 4.1. The Distributor is allowed to sell other merchandise and services that do not compete with the product range of ENAGIC. However, it is prohibited to present or advertise these products together with the ENAGIC product line. Furthermore, the Distributor shall inform the ENAGIC Management in writing about additional selling activities.
Competition and Confidentiality. (a) During the period beginning on the Closing Date and ending on the third anniversary thereof (the "Non-Competition Period"), none of the Seller Parties nor any Affiliates of a Seller Party (each, a "Restricted Party") shall, within North America, directly or indirectly, in any capacity, render services, engage or have a financial interest in, any business that shall be competitive with any of those business activities that have constituted part of the Business (other than in respect of the Excluded Assets specified in SCHEDULE 1.1) during the 12 months immediately preceding the date hereof, nor shall any Restricted Party assist any Person that shall be engaged in any such business activities, including making available any information or funding to any such Person; provided, however, that nothing in this SECTION 5.7 shall prohibit any Restricted Party from owning up to 5% of the issued and outstanding securities of any publicly traded company. During the Non-Competition Period, no Restricted Party shall solicit any employee of the Business hired by the Buyer for the purposes of having any such employee terminate his or her employment with the Buyer or its subsidiaries. In addition, during the Non-Competition Period, each Restricted Party immediately shall inform any Person that inquires about the Business that it has been sold to the Buyer, and such Restricted Party shall promptly inform the Buyer of such inquiry. If a court determines that the foregoing restrictions are too broad or otherwise unreasonable under applicable Law, including with respect to time or space, the court is hereby requested and authorized by the Parties to revise the foregoing restriction to include the maximum restrictions allowable under applicable Law. Each Restricted Party acknowledges, however, that this SECTION 5.7 has been negotiated by the Parties and that the geographical and time limitations, as well as the limitation on activities, are reasonable in light of the circumstances pertaining to the Business.
Competition and Confidentiality. (a) If, during the Employment Term (or any extension thereof), the employment of the Executive is terminated pursuant to Section 7(a) or the Executive voluntarily terminates his employment pursuant to Section 7(d), or if the Company elects not renew this Agreement after the first automatic renewal referred to in Section 5(b) (subject to the Company's right to terminate for Due Cause) for one year from the date of such termination, the Executive shall not, without the prior written consent of the Board (which consent shall not be unreasonably withheld), with respect to the States of Texas, Oklahoma, Kansas, Missouri, Ohio, Idaho and any other state in which the Company owns, leases or operates motion picture theaters at the time of termination, (i) accept employment or render service to any person, firm or corporation that is engaged in a business directly competitive with the business then engaged in by the Company in such states or (ii) directly or indirectly enter into or in any manner take part in or lend his name, counsel or assistance to any venture, enterprise, business or endeavor, either as proprietor, principal, investor, partner, director, officer, employee, consultant, advisor, agent, independent contractor, or in any other capacity whatsoever, for any purpose that would be competitive with the business of the Company in such states.
Competition and Confidentiality. 10.1. The Company hereby accepts, declares and undertakes that IAS Group products, codes and all ideas, all kinds of technologies, methods, algorithms related to the products and services marketed or used, the budget, sales figures, product prices, profitability, customer lists, management style of the parties, formulas, processes and concepts used or related to the development of these products and codes, all future updates, upgrades and all other improvements, revisions, fixes, bug fixes, quick-fixes, patches, modifications, extensions, releases, DATs, signature sets, upgrades, and policy and database updates and/or other updates regarding these, all studies, without being limited to those mentioned above, are the confidential information of IAS.
Competition and Confidentiality. (a) The Employee acknowledges that: (i) the Company, the Company's subsidiaries and other businesses the Company controls (alone or in common with one or more other persons, entities or organizations) or hereafter acquires (collectively, the "ARS Group") are engaged in the business of providing (A) comprehensive maintenance, repair and replacement services for heating, ventilating and air conditioning, plumbing, electrical, indoor air quality and other systems and major appliances in personal residences and commercial, industrial and institutional facilities (including, in the case of those facilities, building automation, lighting, remote monitoring and refrigerant retrofitting services) and (B) new installations of those systems and appliances in those residences and facilities under construction (including the design and building of retrofit systems for major expansion or renovation projects relating to those residences and facilities)(collectively, the "Business"); (ii) the ARS Group conducts the Business throughout the United States; (iii) the Employee's work for the Company has given and will continue to give the Employee the trade secrets of and other confidential information concerning the Company and the other members of the ARS Group; (iv) the Employee's covenants in this Section 5 are essential to protect the Business and the goodwill of the ARS Group; and (v) the Employee has the means to support himself and his dependents other than by engaging in the Business in contravention of this Section 5, and this Section 5 will not impair his ability to provide that support. Accordingly, the Employee covenants that he will not, at any time during the Employment Term or the period of 730 consecutive days after the first to occur of the expiration of the Employment Term or the termination of the Employee's Employment pursuant to Section 6(a), (c), (d), (e) or (f) (the "Post-employment Restricted Period"): (i) accept employment with or render service to any person, firm or corporation that is engaged in a business directly competitive with the Business, in any case in any Territory surrounding any service facility of the ARS Group (the "Territory" surrounding any service facility means (A) the city, town or village in which that service facility is located, (B) the county or parish in which that service facility is located, (C) the counties or parishes contiguous to the county or parish in which that service facility is located, (D) the area located withi...
Competition and Confidentiality. 8.1. The company hereby accepts, declares and undertakes that IAS Group products, codes and all ideas, methods, algorithms, formulas, processes and concepts used or related to the development of these products and codes, all future updates, upgrades and all other improvements, revisions, fixes, bug fixes, quick-fixes, patches, modifications, extensions, releases, DATs, signature sets, upgrades, and policy and database updates and/or other updates regarding these, all studies, without being limited to those mentioned above, are confidential information of IAS.
Competition and Confidentiality. (a) If during the Employment Term (or any extension thereof), (i) the employment of the Executive is terminated pursuant to Section 7(a) or (ii) the Executive voluntarily terminates his employment pursuant to Section 7(d), then for two years from the date of such termination or nonrenewal, as the case may be, the Executive shall not, without the prior written consent of the Board (which consent shall not be unreasonably withheld), with respect to the States of Oklahoma, Texas, New Mexico and Louisiana and any other state in which the Company owns, leases or operates assets at the time of termination or nonrenewal:
Competition and Confidentiality. Executive agrees to sign and understands that his or her employment as an Executive is contingent on signing and returning to the Company the Proprietary Information, Inventions, Confidentiality and Competition Agreement (the “Proprietary Information Agreement”) attached hereto as Exhibit A concurrently with the execution of this Agreement. The parties agree that the obligations set forth in the Proprietary Information Agreement shall survive termination of this Agreement and termination of the Executive’s employment, regardless of the reason for such termination.
Competition and Confidentiality. 5.1 Member may engage in any other business, whether or not the same or similar to the business of the Company, and whether or not such other business is competitive with the Company. The Company shall have no rights in the income or profits of that business.
Competition and Confidentiality. 5.1 Member and Special Member may engage in any other business, whether or not the same or similar to the business of the Company, and whether or not such other business is competitive with the Company. The Company shall have no rights in the income or profits of that business.
