Direct Competition Clause Samples

Direct Competition. As used herein, the phrase “directly compete” shall include owning, managing, operating or controlling, or participating in the ownership, management, operation or control of, or being connected with or having any interest in, as a stockholder, director, officer, employee, agent, consultant, assistant, advisor, sole proprietor, partner or otherwise, any Competing Business (as defined below). For purposes of this Agreement, a “Competing Business” shall be any business or enterprise other than any Consolidated Company that is engaged in the Nanomaterials Business (as defined below). This prohibition, however, shall not apply to ownership of less than five percent (5%) of the voting stock in companies whose stock is traded on a national securities exchange or in the over-the-counter market. For purposes of this Agreement, the “Nanomaterials Business” means the development, marketing, sale or exploitation of lithium titanate oxide (“LTO”) nanomaterials or battery energy storage systems containing LTO nanomaterials.

Direct Competition. As used herein, the phrase “directly compete” shall include owning, managing, operating or controlling, or participating in the ownership, management, operation or control of, or being connected with or having any interest in, as a stockholder, director, officer, employee, agent, consultant, assistant, advisor, sole proprietor, partner or otherwise, any Competing Business (as defined below). For purposes of this Agreement, a “Competing Business” shall be any business or enterprise other than any Consolidated Company that is engaged in the Energy Storage Business (as defined below). This prohibition, however, shall not apply to ownership of less than five percent (5%) of the voting stock in companies whose stock is traded on a national securities exchange or in the over-the-counter market. For purposes of this Agreement, the “Energy Storage Business” means the development, marketing, sale or exploitation of (a) lithium titanate oxide, or (b) rechargeable batteries, rechargeable batteries systems or energy storage systems comprised of rechargeable batteries.

Direct Competition. Provide services, whether as an employee, consultant, contractor, or otherwise, to any business that is directly engaged in cancer detection and screening in a manner that is competitive with the Company’s actual business activities during the Consultant’s engagement;

Direct Competition. The Industry

Direct Competition. For purposes of this Section 4.3 one tool ----------- "directly competes" with another tool if the primary application for which it is designed is to measure the same parameter using the same measurement technique as the other tool. For the avoidance of doubt, and as an non-exclusive example only, for purposes of this Agreement, optical measurement techniques (including spectrometry, ellipsometry, and reflectometry), electrical measurement techniques, and mechanical measurement techniques will be considered to be different measurement techniques.

Direct Competition. At present, no other manufacture or institution teaches music by having an instrument interact with a video game platform. Allegro Rainbow will have an advantage by being the first to teach music this way. The company will most likely face competition from companies that provide music teaching software or services and possibly from developers in the mainstream gaming industry. Here is a list of products on the market today that most resemble Piano Commando: • Teach Me Piano by Voyetra: Voyetra’s product is incompatible with many operating systems including Windows 2000. The software has several bugs, especially with MIDI cables, and the 'scoring' of performances sometimes does not work. Teach Me Piano is geared toward young children and does not appeal to older students. For more experienced users, the lessons become boring and repetitive after two hours. • Piano Suite by Adventus: Piano Suite begins instruction with an interactive course that teaches music notation and theory (in an interactive environment) before moving the players into a playing level. The games get confusing and boring after a short time. Additionally, songs for this software are sold in “packages” of 400 to 500 pre-selected songs according to the user’s skill level, confining players to the Adventus library of available music, which is limited. • Keyboard Mania by Yamaha: Unlike Piano Commando, Keyboard Mania is not open for import of any MIDI file; it is not color-coded; it has no real teaching agenda and is not being adapted to do so; and it is based on the inherent dead end arcade game design. Yamaha is not making any money from this product. • Magic Lights Keyboard by Casio: Magic Lights Keyboard shows flashing red lights on the keys the player just missed. By the time the player sees the lights they are out of rhythm. Even though ▇▇▇▇▇ is earning money with the Magic Lights Keyboard, it is a gimmick with no sustaining power. ▇▇▇▇▇ is aligned with HSN and has a charismatic performer selling the keyboards — strategies that can be easily duplicated and outdone by Allegro Rainbow.