Common use of Competitive Conduct Clause in Contracts

Competitive Conduct. Executive shall not otherwise act or conduct himself to the material detriment of the Company, its subsidiaries or affiliates, or in a manner which is inimical or contrary to the interests thereof, and shall not engage, directly or indirectly, alone, in association with or as a shareholder, principal, agent, partner, member, officer, director, employee or consultant of any person, firm or entity, in any business within the United States or Canada in competition with any part of the business being conducted by the Company or its subsidiaries; provided, however, that Executive's ownership of less than 2 percent of the outstanding stock of a publicly traded corporation (other than a corporation engaged primarily in the business of developing or operating hydroelectric projects) shall not by itself be deemed to constitute such competition. Executive shall not (i) divert to any entity which is engaged in any business conducted by the Company or any of its subsidiaries, any customer of such entities or any project which such entities are pursuing, developing or attempting to develop as of Executive's date of termination or (ii) solicit any officer, employee (other than secretarial staff) or consultant of the Company or any of its subsidiaries to leave the employ of such entities. Executive recognizes that the possible restrictions on his activities which may occur as a result of his performance of his obligations under this Section 9(b) are required for the reasonable protection of the Company and its investments.

Competitive Conduct. Executive shall not otherwise act or conduct himself herself to the material detriment of the Company, its subsidiaries or affiliates, or in a manner which is inimical or contrary to the interests thereof, and shall not engage, directly or indirectly, alone, in association with or as a shareholder, principal, agent, partner, member, officer, director, employee or consultant of any person, firm or entity, in any business within the United States or Canada in competition with any part of the business being conducted by the Company or its subsidiaries; provided, however, that Executive's ownership of less than 2 percent of the outstanding stock of a publicly traded corporation (other than a corporation engaged primarily in the business of developing or operating hydroelectric projects) shall not by itself be deemed to constitute such competition. Executive shall not (i) divert to any entity which is engaged in any business conducted by the Company or any of its subsidiaries, any customer of such entities or any project which such entities are pursuing, developing or attempting to develop as of Executive's date of termination or (ii) solicit any officer, employee (other than secretarial staff) or consultant of the Company or any of its subsidiaries to leave the employ of such entities. Executive recognizes that the possible restrictions on his activities which may occur as a result of his performance of his obligations under this Section 9(b) are required for the reasonable protection of the Company and its investments.

Competitive Conduct. Executive shall not otherwise act or conduct himself herself to the material detriment of the Company, its subsidiaries or affiliates, or in a manner which is inimical or contrary to the interests thereof, and shall not engage, directly or indirectly, alone, in association with or as a shareholder, principal, agent, partner, member, officer, director, employee or consultant of any person, firm or entity, in any business within the United States or Canada in competition with any part of the business being conducted by the Company or its subsidiaries; provided, however, that Executive's ownership of less than 2 percent of the outstanding stock of a publicly traded corporation (other than a corporation engaged primarily in the business of developing or operating hydroelectric projects) shall not by itself be deemed to constitute such competition. Executive shall not (i) divert to any entity which is engaged in any business conducted by the Company or any of its subsidiaries, any customer of such entities or any project which such entities are pursuing, developing or attempting to develop as of Executive's date of termination or (ii) solicit any officer, employee (other than secretarial staff) or consultant of the Company or any of its subsidiaries to leave the employ of such entities. Executive recognizes that the possible restrictions on his her activities which may occur as a result of his her performance of his her obligations under this Section 9(b) are required for the reasonable protection of the Company and its investments.