Competition During Employment. Employee agrees that during the term of his employment with Employer, he will not, directly or indirectly, compete with Employer or its Affiliates in any way, and that he will not act as an officer, director, employee, consultant, shareholder, partner, equity owner, lender, guarantor or agent of any entity which is engaged in any business in competition with, the businesses in which Employer and its Affiliates are engaged as of the date hereof or in which Employer or its Affiliates become engaged during the term of his employment; provided, however, that this Section 11(a) shall not prohibit Employee or any of his Affiliates from: (i) purchasing or holding an aggregate equity interest of up to 1%, so long as Employee and his Affiliates combined do not purchase or hold an aggregate equity interest of more than 5%, in any business in competition with Employer and its Affiliates. Furthermore, Employee agrees that during the term of his employment, he will undertake no planning for the organization of any business activity competitive with the work he performs as an employee of Employer and Employee will not combine or conspire with any other employees of Employer and its Affiliates for the purpose of the organization of any such competitive business activity.
Competition During Employment. Employee agrees that during the term of his employment with Employer, neither he nor any of his Affiliates (Employee’s Affiliates is defined as any legal entity in which Employee owns, controls, holds a financial interest in or is the beneficiary of) will directly or indirectly compete with Employer or its Affiliates in any way in any business in which Employer or its Affiliates is engaged or intends to engage, and that he will not act as an officer, director, employee, consultant, shareholder, lender, or agent of any entity which is engaged in any business of the same nature as, or in competition with, the businesses in which Employer and its Affiliates are now engaged or in which Employer or its Affiliates become engaged during the term of employment; provided, however, that this Section 10(a) shall not prohibit Employee or any of his Affiliates from purchasing or holding an aggregate equity interest of up to 10% in any publicly traded business in competition with Employer and its Affiliates, so long as Employee and his Affiliates combined do not purchase or hold an aggregate equity interest of more than 10%. Furthermore, Employee agrees that during the term of employment, he will not accept any board of director seat or undertake any planning for the organization of any business activity competitive with Employer and Employee will not combine or conspire with any other employees of Employer and its Affiliates for the purpose of the organization of any such competitive business activity.
Competition During Employment. Optionee agrees that during his employment with the Company, neither he, nor any of his affiliates, will directly or indirectly compete with the Company or its affiliates in the portable or handheld computer power, docking, and connectivity business, which is defined as product lines or businesses that are competitive with products that are manufactured, marketed or sold by the Company and its affiliates during the term of his employment or under development during the term of his employment (the "Business"); and that he will not act as an officer, director, employee, consultant, shareholder, lender, or agent of any entity which is competitive with the Business; provided, however, that this Section shall not prohibit Optionee or any of his affiliates from purchasing or holding an aggregate equity interest of up to 1% in any business in competition with the Business. Furthermore, Optionee agrees that during his employment with the Company, he will undertake no planning for the organization of any business activity competitive with the Business and Optionee will not combine or conspire with any other Optionees of the Company and its affiliates for the purpose of the organization of any such competitive business activity.
Competition During Employment. Employee agrees that during the Term, neither he, nor any of his affiliates, will directly or indirectly compete with Employer or its affiliates in any way, and that he will not act as an officer, director, employee, consultant, shareholder, lender, or agent of any entity which is engaged in any business of the same nature as, or in competition with, the businesses in which Employer and its affiliates are now engaged or in which Employer or its affiliates become engaged during the Term; provided, however, that this Section 5(d) shall not prohibit Employee or any of his affiliates from (i) serving as a director (or similar capacity) of any entity which is not in direct competition with Employer or its affiliates or (ii) purchasing or holding an aggregate equity interest of up to 5%, so long as Employee and his affiliates combined do not purchase or hold an aggregate equity interest of more than 5%, in any business in competition with Employer and its affiliates.
Competition During Employment. During EMPLOYEE's employment with PETCO, EMPLOYEE will not render services or give advice to, affiliate with (as employee, partner, consultant or otherwise) or invest or acquire any interest in, in whole or in significant part, any other person or organization which is engaged in or about to become engaged in franchising, developing, owning or operating a retail store specializing in pet food supplies and/or services (a "Conflicting Organization"). EMPLOYEE shall not, however, be prohibited from investing in securities of any Conflicting Organization that is listed on a national securities exchange or traded on the NASDAQ stock market, providing that EMPLOYEE does not own, or have the right to acquire, more than three percent of the outstanding voting securities of such company.
Competition During Employment. Executive agrees that during the term of his employment with the Company, neither he nor any of his Affiliates (Executive’s Affiliates is defined as any legal entity in which Executive directly or indirectly owns at least a 25% interest) will directly or indirectly compete with the Company in any way in any business in which the Company or its Affiliates is engaged in, and that he will not act as an officer, director, employee, consultant, shareholder, lender, or agent of any entity which is engaged in any business of the same nature as, or in competition with the businesses in which the Company is now engaged or in which the Company becomes engaged during the term of employment. The Executive will not work with or conspire with any other person or entity (including, but not limited to, any Company employee, officer or director) to establish a business which competes with the Company. Furthermore, Executive agrees that during the term of employment, he will not accept any board of director seat or officer role or undertake any planning for the organization of any business activity competitive with the Company and Executive will not combine or conspire with any other employees of the Company for the purpose of the organization of any such competitive business activity.
Competition During Employment. Employee agrees that during the Term, neither she, nor any of her affiliates, will directly or indirectly: (i) compete with Employer or its affiliates in the portable or handheld computer power, docking, and connectivity business, which is defined as product lines or businesses that are competitive with products that are manufactured, marketed or sold by Employer and its affiliates during the Term or under development during the Term (the "Business"); or (ii) act as an officer, director, employee, consultant, shareholder, lender, or agent of any entity which is in competition with Employer; provided, however, that this Section 5(d) shall not prohibit Employee or any of her affiliates from purchasing or holding an aggregate equity interest of up to 1% in any publicly-traded company which is in competition with Employer. Furthermore, Employee agrees that during the Term, she will undertake no planning for the organization of any business activity competitive with the Business and Employee will not combine or conspire with any other employees of Employer and its affiliates for the purpose of the organization of any such competitive business activity.
Competition During Employment. Employee agrees that during the Term, he will not, directly or indirectly: (i) compete with Employer or its affiliates by engaging in the business of the promotion or sanctioning of motorsports racing on oval dirt surfaces (the “Business”); or (ii) act as an officer, director, employee, consultant, shareholder, equity holder, advisor or agent of any person or entity which is engaged in the Business in competition with Employer; provided, however, that this Section 6(d) shall not prohibit Employee or any of his affiliates from purchasing or holding an aggregate equity interest of up to 1% in any publicly-traded company which is in competition with Employer. Furthermore, Employee agrees that during the Term, he will not undertake to form or establish an organization or business engaged in the Business.
Competition During Employment. During Employee’s employment with Parent or the Operating Company, or both, Employee will not render services or give advice to, affiliate with (as employee, partner, consultant or otherwise) or invest or acquire any interest in, in whole or in significant part, any other person or organization which is engaged in or about to become engaged in franchising, developing, owning or operating a retail store specializing in pet food, pet supplies, companion animals and/or pet-related services (a “Conflicting Organization”). Employee shall not, however, be prohibited from investing in securities of any Conflicting Organization that is listed on a national securities exchange or traded on the NASDAQ stock market, providing that Employee neither owns nor has the right to acquire, more than three percent of the outstanding voting securities of such company.
Competition During Employment. During the term of his employment, the Executive shall not, directly or indirectly, whether as a partner, employee, 10% or more shareholder, investor or otherwise, promote, participate or engage in any activity or other business that directly competes with the Employer's business of operating mobile PET Systems. The Executive's engagement and participation in the establishment of Gamma Knife surgical centers in the United States and worldwide are permissible activities under this paragraph. In addition, the Executive, while employed, shall not take any action without the Employer's prior written consent to establish, form or become employed by a competing business on termination of his employment by the Company. The Executive's failure to comply with the provisions of the preceding sentence shall give the Company the right (in addition to all other remedies the Company may have) to terminate any benefits or compensation to which the Executive may be otherwise entitled following termination of this Agreement.
