Non-Competition; Nonsolicitation. (a) The Participant acknowledges and recognizes the highly competitive nature of the businesses of the Restricted Group (as defined below) and accordingly agrees as follows:
Non-Competition; Nonsolicitation. During the Term, and in the event that the Executive’s employment is terminated for any reason, then for a period of two (2) years (the “Restrictive Period”) following the Date of Termination the Executive shall be prohibited from working (as an employee, consultant, advisor, director or otherwise) for, engaging in or acquiring or investing in any business having assets engaged in (or actively considering engagement in) the following businesses in New England and other jurisdictions in which the Company and/or Global is conducting business as of the Date of Termination (the “Restricted Businesses”): (i) wholesale and/or retail marketing, sale, distribution and transportation of refined petroleum products, crude oil, renewable fuels (including ethanol and bio-fuels), natural gas liquids (including ethane, butane, propane and condensates), natural gas, compressed natural gas and liquefied natural gas; (ii) the storage of refined petroleum products and/or any of the other products identified in clause (i) of this paragraph in connection with any of the activities described in said clause (i); (iii) the sale of convenience store items and sundries and related food service and (iv) bunkering, unless the Chief Executive Officer of the Company and the Board approve such activity. During the Restrictive Period, the Executive also shall not directly or indirectly solicit any employees, contractors, vendors, suppliers or customers of the Company or Global to cease to be employed by or otherwise do business with the Company or Global, or to reduce the same, or to be employed or otherwise do business with any Restricted Business. Notwithstanding any provision of this Amendment to the contrary, the Executive may own up to 3% of a publicly traded entity that is engaged in one or more of the Restricted Businesses. If any court determines that any of the provisions of this Amendment are invalid or unenforceable, the remainder of such provisions shall not thereby be affected and shall be given full effect without regard to the invalid provisions. If any court construes any of the provisions of this Amendment, or any part thereof, to be unreasonable because of the duration of such provision or the geographic scope thereof, such court shall have the power to reduce the duration or restrict the geographic scope of such provision and to enforce such provision as so reduced or restricted. Notwithstanding the foregoing or any other provision of this Agreement, nothing in this Am...
Non-Competition; Nonsolicitation. (a) Executive covenants and agrees that during the Employment Period and for a period of twelve (12) months (the “Non-Compete Period”) after the termination of Executive’s employment for any reason, Executive shall not, without the written consent of the Company, directly or indirectly, either individually or as an employee, agent, partner, shareholder, director, consultant, advisor, employer, lender of money, guarantor, or in any other capacity, participate in, engage in or have a financial interest or management position or other interest in any business, firm, corporation, or other entity that at any time during or following the Employment Period competes directly against the Company by engaging in the business of manufacturing, inventing, marketing, developing, selling or distributing non-metallic fabricated or molded products for the automotive or transportation industries, or any other markets which the Company may have entered, nor will Executive solicit any other person to engage in any of the foregoing activities (the foregoing is referred to herein as the “Non-Compete Covenant”). Participation in the management of any business operation other than in connection with the management of a business operation that is in competition with the Company or its subsidiaries or affiliates or any successor or assign thereof shall not be deemed to be a breach of the Non-Compete Covenant. The foregoing provisions of this Section shall not prohibit the passive ownership by Executive of less than two percent (2%) of any class of the capital stock of any public corporation.
Non-Competition; Nonsolicitation. Executive will not, for a period equal to the longer of (i) one year from the date of termination of employment or (ii) October 31, 2001:
Non-Competition; Nonsolicitation. As an inducement for the Company to enter into the Purchase Agreement and the Consulting Agreement, and for the Company to fulfill its respective obligations thereunder, Member agrees that:
Non-Competition; Nonsolicitation. (a) The Executive recognizes and acknowledges that the services to be performed by him hereunder are special, unique and extraordinary and the Executive further acknowledges and recognizes the highly competitive nature of the business of the Company. The Executive understands that the provisions of this Section 6 may limit the Executive's ability to earn a livelihood in a business similar to the business of the Company but nevertheless agrees and hereby acknowledges that (i) such provisions do not impose a greater restraint than is necessary to protect the goodwill or other business interests of the Company, (ii) such provisions contain reasonable limitations as to time and scope of activity to be restrained, (iii) such provisions are not harmful to the general public, (iv) such provisions are not unduly burdensome to the Executive, and (v) the consideration provided hereunder is sufficient to compensate the Executive for the restrictions contained in such provisions. In consideration thereof and in light of the Executive's education, skills and liabilities, the Executive agrees that the Executive will not assert in any forum that such provisions prevent the Executive from earning a living or otherwise are void or unenforceable or should be held unenforceable. Accordingly, the Executive agrees that during the Employment Term and for a period of six (6) months following termination of employment, the Executive will not, directly or indirectly, as an officer, director, stockholder, partner, member, associate, employee, consultant, owner, agent, creditor, co-venturer or otherwise, become or be financially interested in or be associated with any other person or entity, in any state in the United States in which the Company has operations at the date of his termination of employment, in a "Competitive Business" with that of the Company at such time. For purposes of the Agreement, a Competitive Business shall mean any ski resort within a 100 mile radius of the Steamboat Ski and Resort facilities. The Executive's ownership of shares in Company Affiliates and the ownership, directly or indirectly, of not more than five percent (5%) of the issued and outstanding stock of any corporation, the shares of which are regularly traded on a national securities exchange or in the over-the-counter market, shall not in any event be deemed to be a violation of the provisions of this Section 6.
Non-Competition; Nonsolicitation. (a) For a period of seven years from and after the Closing Date, neither Stockholder nor any of its Subsidiaries (collectively, the "Restricted Parties") shall, directly or indirectly, own, manage, operate, control or participate in the ownership, management, operation or control of, or provide any financing or lease any assets to, any entity that engages in a Competing Business; provided, however, that the foregoing shall not restrict any Restricted Party with respect to (i) establishing, developing, sponsoring, promoting and providing educational programs and medical and scientific research in the field of physical rehabilitation and fields ancillary thereto, (ii) sponsoring and assisting not-for-profit treatment facilities devoted to improving and protecting the health and welfare of all persons, particularly those with physical disabilities, (iii) aiding persons with physical and other disabilities, (iv) providing access to community resources aimed at promoting life and health, (v) providing assistance to persons with the aim of permitting them to learn to lead full and meaningful lives and (vi) fundraising for any of the foregoing, so long as, in any event, no Restricted Party receives any remuneration from patients or patients' insurance companies for services provided to patients; provided further, that the foregoing shall not prohibit the beneficial or record ownership by a Restricted Party of up to five percent of the outstanding securities of a Competing Business, so long as the Restricted Parties do not actively participate in the management of such Competing Business.
Non-Competition; Nonsolicitation. (a) For the five (5) years commencing on the Closing Date (the “Restricted Period”), the Sellers shall not, and shall cause each of their respective Affiliates not to, anywhere in the world, directly or indirectly, establish, own, lease, operate, manage, finance, control or engage in the Business (“Competitive Business”). For the avoidance of doubt, a Competitive Business shall not include any of (i) the business currently conducted at Freeport’s Bayway facility, El Paso facility and Norwich facility, (ii) the manufacture, distribution and sale of copper rod, or (iii) an investment in securities having less than ten percent (10%) of the outstanding voting power of any Person, the securities of which are publicly traded or listed on any securities exchange or automated quotation system or (iv) ownership of any equity interests through any employee benefit plan or pension plan.
Non-Competition; Nonsolicitation. Beginning on the Effective Date and during the Term of this Agreement, Consultant: (i) will not directly own, manage, operate, finance, join, control, participate in, or derive any financial benefit whatsoever from, or be an officer, director, employee, partner or consultant of, any property / casualty insurance company operating in the United States; and (ii) will not solicit, recruit, otherwise attempt to hire (for himself or any other entity), or hire in any capacity any employee of Company or its affiliates. This provision shall survive any termination or expiration of this Agreement. Nothing contained in this Section 8 will in any way affect Consultant’s convenants or obligations under RLI’s bonus plans or stock option plans or stock option agreements pursuant to which Consultant has been granted stock options.
Non-Competition; Nonsolicitation. (a) During the Term and, in the event that the Executive’s employment is terminated for any reason, then for a period of two (2) years following the Date of Termination the Executive shall be prohibited from working (as an employee, consultant, advisor, director or otherwise) for, engaging in or acquiring or investing in any business having assets engaged in the following businesses in New England and other jurisdictions in which the Company is conducting business as of the Date of Termination (the “Restricted Businesses”): (i) wholesale marketing, sale, distribution and transportation of petroleum products; (ii) the storage of petroleum products in connection with any of the activities described in (i); (iii) bunkering; and (iv) the wholesale or retail sale or distribution of petroleum or gasoline products, unless the Chief Executive Officer of the Company and the Board approve such activity. Notwithstanding any provision of this paragraph 11 to the contrary, the Executive may (x) own up to 3% of a publicly traded entity that is engaged in one or more of the Restricted Businesses and (y) with the prior consent of the Company, may serve as a director of an entity that is engaged in one or more of the Restricted Businesses. If any court determines that any of the provisions of this paragraph 11 are invalid or unenforceable, the remainder of such provisions shall not thereby be affected and shall be given full effect without regard to the invalid provisions. If any court construes any of the provisions of this paragraph 11, or any part thereof, to be unreasonable because of the duration of such provision or the geographic scope thereof, such court shall have the power to reduce the duration or restrict the geographic scope of such provision and to enforce such provision as so reduced or restricted.
