Common use of Executives Restrictive Covenants Clause in Contracts

Executives Restrictive Covenants. As a paramount inducement to Syntro to enter into this Executive Employment Agreement and to agree to pay to the Executive his (her) regular compensation, bonuses and the other payments and fringe benefits provided hereunder, and in view of the Executive's services and his (her) access to the confidential information described above, the Executive agrees that during the period of his (her) employment by Syntro and for a period of 12 months after termination of his (her) employment, for any reason whatsoever with Syntro, other than a Syntro Cause or by Syntro without Executive Cause, or the balance of the time remaining of such original stated period from the date of the entry by a court of competent jurisdiction of a final non-appealable judgment or order enforcing the subject covenant, the Executive will not, directly or indirectly, on his (her) own account, or as an employee, consultant, adviser, partner, co-venturer, owner, member, manager, officer, director or stockholder of any other person, firm, partnership, limited liability company, or corporation: (i) conduct, engage in, be connected with, or directly aid or assist as a member of or consultant to management anyone else to engage in, a business directly competitive with the vaccine product line of Syntro throughout the United States of America, its territories, possessions, protectorates and commonwealths; so long as and provided Syntro products are sold in the territory described above during said applicable period of time (the foregoing is not intended to preclude the Executive from pursuing other opportunities in the animal health industry); nor (ii) during such time, directly or indirectly, sell or solicit sales for products competitive with those of Syntro, or to service, consult with, divert, take away, transfer or interfere with any of the collaborative partners or customers of Syntro; nor (iii) during such time, directly or indirectly, for himself (herself) or on behalf of any other person or entity in which he (she) shall have any direct or indirect business or employment interest (collectively an "affiliated entity"), induce or attempt to induce any present or future management or other key employee of Syntro to leave the employ of Syntro and/or to seek or accept employment with the Executive or any affiliated entity, nor shall he (she) negotiate with any such employee in the employ of Syntro with respect to such person's present or future employment outside of Syntro. However, nothing herein contained shall prevent the Executive during the time indicated from purchasing and owning stock in any corporation listed on any stock exchange or traded in the over-the-counter market provided such purchases shall not result in the Executive owning in the aggregate directly or beneficially, three percent (3%) or more of the equity securities of any corporation or other entity engaged in a business which is competitive to that of Syntro. The Executive further agrees that, in view of the present scope of Syntro's business activities, the time periods, territory and scope of activities specified above describe the minimum reasonable time, area and scope of activities necessary to protect Syntro and its successors and assigns, in the use of the good will of the business to be conducted by Syntro, and therefore he (she) agrees that Syntro, in case of violation of this Paragraph 10(b), may have injunctive relief, without bond (but upon due notice) in addition to such other relief as may appertain in equity or at law. No waiver of any violation hereof shall be implied from Syntro's forbearance or failure to take action in pursuance hereof. All covenants 3

Appears in 3 contracts

Samples: Employment Agreement (Syntro Corp /De/), Employment Agreement (Syntro Corp /De/), Employment Agreement (Syntro Corp /De/)

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Executives Restrictive Covenants. As a paramount inducement to Syntro to enter into this Executive Employment Agreement and to agree to pay to the Executive his (her) regular compensation, bonuses and the other payments and fringe benefits provided hereunder, and in view of the Executive's services and his (her) access to the confidential information described above, the Executive agrees that during the period of his (her) employment by Syntro and for a period of 12 months after termination of his (her) employment, for any reason whatsoever with Syntro, other than a Syntro Cause or by Syntro without Executive Cause, or the balance of the time remaining of such original stated period from the date of the entry by a court of competent jurisdiction of a final non-appealable judgment or order enforcing the subject covenant, the Executive will not, directly or indirectly, on his (her) own account, or as an employee, consultant, adviser, partner, co-venturer, owner, member, manager, officer, director or stockholder of any other person, firm, partnership, limited liability company, or corporation: (i) conduct, engage in, be connected with, or directly aid or assist as a member of or consultant to management anyone else to engage in, a business directly competitive with the vaccine product line of Syntro throughout the United States of America, its territories, possessions, protectorates and commonwealths; so long as and provided Syntro products are sold in the territory described above during said applicable period of time (the foregoing is not intended to preclude the Executive from pursuing other opportunities in the animal health industry); nor (ii) during such time, directly or indirectly, sell or solicit sales for products competitive with those of Syntro, or to service, consult with, divert, take away, transfer or interfere with any of the collaborative partners or customers of Syntro; nor (iii) during such time, directly or indirectly, for himself (herself) or on behalf of any other person or entity in which he (she) shall have any direct or indirect business or employment interest (collectively an "affiliated entity"), induce or attempt to induce any present or future management or other key employee of Syntro to leave the employ of Syntro and/or to seek or accept employment with the Executive or any affiliated entity, nor shall he (she) negotiate with any such employee in the employ of Syntro with respect to such person's present or future employment outside of Syntro. However, nothing herein contained shall prevent the Executive during the time indicated from purchasing and owning stock in any corporation listed on any stock exchange or traded in the over-the-counter market provided such purchases shall not result in the Executive owning in the aggregate directly or beneficially, three percent (3%) or more of the equity securities of any corporation or other entity engaged in a business which is competitive to that of Syntro. The Executive further agrees that, in view of the present scope of Syntro's business activities, the time periods, territory and scope of activities specified above describe the minimum reasonable time, area and scope of activities necessary to protect Syntro and its successors and assigns, in the use of the good will of the business to be conducted by Syntro, and therefore he (she) agrees that Syntro, in case of violation of this Paragraph 10(b), may have injunctive relief, without bond (but upon due notice) in addition to such other relief as may appertain in equity or at law. No waiver of any violation hereof shall be implied from Syntro's forbearance or failure to take action in pursuance hereof. All covenants and provisions of this Paragraph 10(b) constitute a series of separate covenants, and if any particular 3

Appears in 1 contract

Samples: Employment Agreement (Syntro Corp /De/)

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Executives Restrictive Covenants. As a paramount inducement to Syntro to enter into this Executive Employment Agreement and to agree to pay to the Executive his (her) regular compensation, bonuses and the other payments and fringe benefits provided hereunder, and in view of the Executive's services and his (her) access to the confidential information described above, the Executive agrees that during the period of his (her) employment by Syntro and for a period of 12 months after termination of his (her) employment, for any reason whatsoever with Syntro, other than a Syntro Cause or by Syntro without Executive Cause, or the balance of the time remaining of such original stated period from the date of the entry by a court of competent jurisdiction of a final non-appealable judgment or order enforcing the subject covenant, the Executive will not, directly or indirectly, on his (her) own account, or as an employee, consultant, adviser, partner, co-venturer, owner, member, manager, officer, director or stockholder of any other person, firm, partnership, limited liability company, or corporation: (i) conduct, engage in, be connected with, or directly aid or assist as a member of or consultant to management anyone else to engage in, a business directly competitive with the vaccine product line of Syntro throughout the United States of America, its territories, possessions, protectorates and commonwealths; so long as and provided Syntro products are sold in the territory described above during said applicable period of time (the foregoing is not intended to preclude the Executive from pursuing other opportunities in the animal health industry); nor (ii) during such time, directly or indirectly, sell or solicit sales for products competitive with those of Syntro, or to service, consult with, divert, take away, transfer or interfere with any of the collaborative partners or customers of Syntro; nor (iii) during such time, directly or indirectly, for himself (herself) or on behalf of any other person or entity in which he (she) shall have any direct or indirect business or employment interest (collectively an "affiliated entity"), induce or attempt to induce any present or future management or other key employee of Syntro to leave the employ of Syntro and/or to seek or accept employment with the Executive or any affiliated entity, nor shall he (she) negotiate with any such employee in the employ of Syntro with respect to such person's present or future employment outside of Syntro. However, nothing herein contained shall prevent the Executive during the time indicated from purchasing and owning stock in any corporation listed on any stock exchange or traded in the over-the-counter market provided such purchases shall not result in the Executive owning in the aggregate directly or beneficially, three percent (3%) or more of the equity securities of any corporation or other entity engaged in a business which is competitive to that of Syntro. The Executive further agrees that, in view of the present scope of Syntro's business activities, the time periods, territory and scope of activities specified above describe the minimum reasonable time, area and scope of activities necessary to protect Syntro and its successors and assigns, in the use of the good will of the business to be conducted by Syntro, and therefore he (she) agrees that Syntro, in case of violation of this Paragraph 10(b), may have injunctive relief, without bond (but upon due notice) in addition to such other relief as may appertain in equity or at law. No waiver of any violation hereof shall be implied from Syntro's forbearance or failure to take action in pursuance hereof. All covenants 3

Appears in 1 contract

Samples: Employment Agreement (Syntro Corp /De/)

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