Common use of Non-Competition, Non-Solicitation and Non-Disparagement Clause in Contracts

Non-Competition, Non-Solicitation and Non-Disparagement. (a) During the Term, the Employee shall not (1) provide any services, directly or indirectly, to any other business or commercial entity without the consent of the Company, which may be withheld in the Company’s sole discretion, or (2) participate in the formation of any business or commercial entity without the consent of the Company, which may be withheld in the Company’s sole discretion; provided, however, that nothing contained in this Section 5(a) shall be deemed to prohibit the Employee from acquiring, solely as an investment, shares of capital stock (or other interests) of any corporation (or other entity) not exceeding 2% of such corporation’s (or other entity’s) then outstanding shares of capital stock and provided, further, that nothing contained herein shall be deemed to limit the Employee’s Permitted Activities pursuant to Section 1(b).

Non-Competition, Non-Solicitation and Non-Disparagement. (a) During the Term, the Employee shall not (1) provide any services, directly or indirectly, to any other business or commercial entity without the consent of the Company, which may be withheld in the Company’s sole discretion, or (2) participate in the formation of any business or commercial entity without the consent of the Company, which may be withheld in the Company’s sole discretion; provided, however, that nothing contained in this Section 5(a) shall be deemed to prohibit the Employee from acquiring, solely as an investment, shares of capital stock (or other interests) of any corporation (or other entity) not exceeding 2% of such corporation’s (or other entity’s) then outstanding shares of capital stock and provided, further, that nothing contained herein shall be deemed to limit the Employee’s Permitted Activities pursuant to Section 1(b1(c).

Non-Competition, Non-Solicitation and Non-Disparagement. (a) During the Term, the Employee shall not (1) provide any services, directly or indirectly, to any other business or commercial entity without the consent of the Company, which may be withheld in the Company’s 's sole discretion, or (2) participate in the formation of any business or commercial entity without the consent of the Company, which may be withheld in the Company’s 's sole discretion; provided, however, that nothing contained in this Section 5(a) shall be deemed to prohibit the Employee from acquiring, solely as an investment, shares of capital stock (or other interests) of any corporation (or other entity) not exceeding 2% of such corporation’s 's (or other entity’s's) then outstanding shares of capital stock and provided, further, that nothing contained herein shall be deemed to limit the Employee’s 's Permitted Activities pursuant to Section 1(b).

Non-Competition, Non-Solicitation and Non-Disparagement. (a) During the Term, the Employee Executive shall not (1) provide any services, directly or indirectly, to any other business or commercial entity without the consent of the CompanyBoard of Directors, which may such consent not unreasonably to be withheld in the Company’s sole discretionwithheld, delayed or conditioned, or (2) participate in the formation of any business or commercial entity without the consent of the CompanyBoard of Directors, which may such consent not unreasonably to be withheld in the Company’s sole discretionwithheld, delayed or conditioned; provided, however, that nothing contained in this Section 5(a) shall be deemed to prohibit the Employee Executive from acquiring, solely as an investment, shares of capital stock (or other interests) of any corporation (or other entity) not exceeding two percent (2% %) of such corporation’s (or other entity’s) then outstanding shares of capital stock and providedand, provided further, that nothing contained herein shall be deemed to limit the EmployeeExecutive’s Permitted Activities pursuant to Section 1(b1(d).

Non-Competition, Non-Solicitation and Non-Disparagement. (a) During the Term, the Employee shall not (1) provide any services, directly or indirectly, to any other business or commercial entity without the consent of the Company, which may be withheld in the Company’s sole discretion, or (2) participate in the formation of any business or commercial entity without the consent of the Company, which may be withheld in the Company’s sole discretion; discretion; provided, however, that nothing contained in this Section 5(a) shall be deemed to prohibit the Employee from acquiring, solely as an investment, shares of capital stock (or other interests) of any corporation (or other entity) not exceeding 2% of such corporation’s (or other entity’s) then outstanding shares of capital stock and provided, further, that nothing contained herein shall be deemed to limit the Employee’s Permitted Activities pursuant to Section 1(b).

Non-Competition, Non-Solicitation and Non-Disparagement. (a) During the Term, the Employee shall not (1) provide any services, directly or indirectly, to any other business or commercial entity without the consent of the Company, which may be withheld in the Company’s sole discretion, or (2) participate in the formation of any business or commercial entity without the consent of the Company, which may be withheld in the Company’s sole discretion; discretion; provided, however, that nothing contained in this Section 5(a) 5 shall be deemed to prohibit the Employee from acquiring, solely as an investment, shares of capital stock (or other interests) of any corporation (or other entity) not exceeding 2% of such corporation’s (or other entity’s) then outstanding shares of capital stock and provided, further, that nothing contained herein shall be deemed to limit the Employee’s Permitted Activities pursuant to Section 1(b).

Non-Competition, Non-Solicitation and Non-Disparagement. (a) During the Term, the Employee shall not (1) provide any services, directly or indirectly, to any other business or commercial entity without the consent of the CompanyBoard of Directors, which may be withheld in the Company’s sole discretion, or (2) participate in the formation of any business or commercial entity without the consent of the CompanyBoard of Directors, which may be withheld in the Company’s sole discretion; provided, however, that nothing contained in this Section 5(a) shall be deemed to prohibit the Employee from acquiring, solely as an investment, shares of capital stock (or other interests) of any corporation (or other entity) not exceeding 2% of such corporation’s (or other entity’s) then outstanding shares of capital stock and provided, further, that nothing contained herein shall be deemed to limit the Employee’s Permitted Activities pursuant to Section 1(b1(d).

Non-Competition, Non-Solicitation and Non-Disparagement. (a) During the Term, the Employee shall not (1) provide any services, directly or indirectly, to any other business or commercial entity without the consent of the Company, which may be withheld in the Company’s sole discretion, or (2) participate in the formation of any business or commercial entity without the consent of the Company, which may be withheld in the Company’s sole discretion; provided, however, that nothing contained in this Section 5(a) shall be deemed to prohibit the Employee from acquiring, solely as an investment, shares of capital stock (or other interests) of any corporation (or other entity) not exceeding 2% of such corporation’s (or other entity’s) then outstanding shares of capital stock and provided, further, that nothing contained herein shall be deemed to limit the Employee’s Permitted Activities pursuant to Section 1(b) or ability to serve on an outside board of directors under Section 1(c).

Non-Competition, Non-Solicitation and Non-Disparagement. (a) During the Term, the Employee shall not (1) provide any services, directly or indirectly, to any other business or commercial entity without the consent of the CompanyBoard of Directors, which may be withheld in the Company’s sole discretion, or (2) participate in the formation of any business or commercial entity without the consent of the Company, which may be withheld in the Company’s sole discretion; provided, however, that nothing contained in this Section 5(a) shall be deemed to prohibit the Employee from acquiring, solely as an investment, shares of capital stock (or other interests) of any corporation (or other entity) not exceeding 2% of such corporation’s (or other entity’s) then outstanding shares of capital stock and provided, further, that nothing contained herein shall be deemed to limit the Employee’s Permitted Activities pursuant to Section 1(b1(d).

Non-Competition, Non-Solicitation and Non-Disparagement. (a) During the Term, the Employee Executive shall not (1) provide any services, directly or indirectly, to any other business or commercial entity without the consent of the CompanyBoard of Directors, which may such consent not unreasonably to be withheld in the Company’s sole discretionwithheld, delayed or conditioned, or (2) participate in the formation of any business or commercial entity without the consent of the CompanyBoard of Directors, which may such consent not unreasonably to be withheld in the Company’s sole discretionwithheld, delayed or conditioned; provided, however, that nothing contained in this Section 5(a) shall be deemed to prohibit the Employee Executive from acquiring, solely as an investment, shares of capital stock (or other interests) of any corporation (or other entity) not exceeding two percent (2% %) of such corporation’s (or other entity’s) then outstanding shares of capital stock and and, provided, further, that nothing contained herein shall be deemed to limit the EmployeeExecutive’s Permitted Activities pursuant to Section 1(b1(d).

Non-Competition, Non-Solicitation and Non-Disparagement. (a) During the Term, the Employee shall not (1) provide any services, directly or indirectly, to any other business or commercial entity without the consent of the CompanyBoard of Directors, which may such consent not to be withheld in the Company’s sole discretionunreasonably withheld, or (2) participate in the formation of any business or commercial entity without the consent of the CompanyBoard of Directors, which may such consent not to be withheld in the Company’s sole discretionunreasonably withheld; provided, however, that nothing contained in this Section 5(a) shall be deemed to prohibit the Employee from acquiring, solely as an investment, shares of capital stock (or other interests) of any corporation (or other entity) not exceeding 2% of such corporation’s (or other entity’s) then outstanding shares of capital stock and provided, further, that nothing contained herein shall be deemed to limit the Employee’s Permitted Activities pursuant to Section 1(b1(d).

Non-Competition, Non-Solicitation and Non-Disparagement. (a) a. During the Term, the Employee shall not (1) provide any services, directly or indirectly, to any other business or commercial entity without the consent of the Company, which may be withheld in the Company’s sole discretion, or (2) participate in the formation of any business or commercial entity without the consent of the Company, which may be withheld in the Company’s sole discretion; provided, however, that nothing contained in this Section 5(a) shall be deemed to prohibit the Employee from acquiring, solely as an investment, shares of capital stock (or other interests) of any corporation (or other entity) not exceeding 2% of such corporation’s (or other entity’s) then outstanding shares of capital stock and provided, further, that nothing contained herein shall be deemed to limit the Employee’s Permitted Activities pursuant to Section 1(b).

Non-Competition, Non-Solicitation and Non-Disparagement. (a) During the Term, the Employee shall not (1) provide any services, directly or indirectly, to any other business or commercial entity without the consent of the Company, which may be withheld in the Company’s sole discretion, or (2) participate in the formation of any business or commercial entity without the consent of the Company, which may be withheld in the Company’s sole discretion; provided, however, that nothing contained in this Section 5(a) shall be deemed to prohibit the Employee from acquiring, solely as an investment, shares of capital stock (or other interests) of any corporation (or other entity) not exceeding 2% of such corporation’s (or other entity’s) then outstanding shares of capital stock and provided, further, that nothing contained herein shall be deemed to limit the Employee’s Permitted Activities pursuant to Section 1(b1(c) or limit his ability to serve on an outside board of directors if first approved by the Board under Section 1(d).

Non-Competition, Non-Solicitation and Non-Disparagement. (a) During the Term, the Employee Executive shall not (1) provide any services, directly or indirectly, to any other business or commercial entity without the consent of the CompanyBoard of Directors, which may such consent not to be withheld in the Company’s sole discretionunreasonably withheld, or (2) participate in the formation of any business or commercial entity without the consent of the CompanyBoard of Directors, which may such consent not to be withheld in the Company’s sole discretionunreasonably withheld; provided, however, that nothing contained in this Section 5(a) shall be deemed to prohibit the Employee Executive from acquiring, solely as an investment, shares of capital stock (or other interests) of any corporation (or other entity) not exceeding 2% of such corporation’s (or other entity’s) then outstanding shares of capital stock and provided, further, that nothing contained herein shall be deemed to limit the EmployeeExecutive’s Permitted Activities pursuant to Section 1(b1(d).. Exhibit 10.1