Common use of No Conflicting Activities Clause in Contracts

No Conflicting Activities. Consultant covenants that during the term of this Agreement, he will not, either directly or indirectly, himself or through any affiliate, carry on, or be engaged in, concerned with, or interested in, in any manner whatsoever, the development or marketing of fruit spreads, peanut butter, baking mixes, toppings, beverages, or other products produced or distributed by JMS anywhere in the United States or Canada (except for an equity share investment in a public company whose shares are listed on a stock exchange or in an over-the-counter market where such share investment does not in the aggregate exceed five percent of the issued equity shares of such company), or represent, manufacture for, or distribute such products for any person who does so manufacture or market. Consultant agrees that any breach of this covenant will result in JMS’s suffering a loss which cannot adequately be compensated for in damages and that JMS will be entitled to injunctive or other equitable relief.

Appears in 4 contracts

Samples: Consulting Agreement (Smucker J M Co), Consulting Agreement (Smucker J M Co), Consulting Agreement (Smucker J M Co)

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No Conflicting Activities. Consultant covenants that during the term of this Agreement, he will not, either directly or indirectly, himself or through any affiliate, carry on, or be engaged in, concerned with, or interested in, in any manner whatsoever, the development or marketing of fruit spreads, coffee, peanut butter, baking mixes, toppings, beverages, or other products produced or distributed by JMS anywhere in the United States or Canada (except for an equity share investment in a public company whose shares are listed on a stock exchange or in an over-the-counter market where such share investment does not in the aggregate exceed five percent of the issued equity shares of such company), or represent, manufacture for, or distribute such products for any person who does so manufacture or market. Consultant agrees that any breach of this covenant will result in JMS’s suffering a loss which cannot adequately be compensated for in damages and that JMS will be entitled to injunctive or other equitable relief.

Appears in 1 contract

Samples: Consulting Agreement (Smucker J M Co)

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No Conflicting Activities. Consultant covenants that during the term of this Agreement, he will not, either directly or indirectly, himself or through any affiliate, carry on, or be engaged in, concerned with, or interested in, in any manner whatsoever, the development or marketing of fruit spreads, peanut butter, baking mixes, toppings, beverages, or other products produced or distributed by JMS anywhere in the United States or Canada (except for an equity share investment in a public company whose shares are listed on a stock exchange or in an over-the-counter market where such share investment does not in the aggregate exceed five percent of the issued equity shares of such company), or represent, manufacture for, or distribute such products for any person who does so manufacture or market. Consultant agrees that any breach of this covenant will result in JMS’s 's suffering a loss which cannot adequately be compensated for in damages and that JMS will be entitled to injunctive or other equitable relief.

Appears in 1 contract

Samples: Consulting Agreement (Smucker J M Co)

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