Common use of Direct Competition Clause in Contracts

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. 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.. Employment Agreement – Guohua Sun