Common use of Prohibited Competition Clause in Contracts

Prohibited Competition. Employee recognize and acknowledge the competitive and proprietary nature of the Company's business operations. Employee acknowledges and agrees that a business will be deemed competitive with the Company if it performs any of the services, manufactures or sells any of the products provided or offered by the Company or is involved in the research, or development of processes, products or techniques in the Company's Field of Interest (such business to be referred to as a "competitive business"). The term Company's "Field of Interest" currently means the development of products or processes as anti-infective therapeutics or diagnostics and commercial use of fungi, yeast, and bacteria in drug screening, production, development or Employee further acknowledges and agrees that during the course of performing services for the Company as an employee, the Company will furnish, disclose or make available to Employee confidential and proprietary information related to the Company's business and that the Company may provide Employee with unique and specialized training. Employee also acknowledges that such confidential information and the training to be provided by the Company have been developed and will be developed by the Company and others with whom the Company has a relationship through expenditure by the Company and others of substantial time, effort and money and that all such confidential information and training could be used by Employee to compete with the Company. Accordingly, Employee hereby agrees in consideration of the Company's agreement to engage Employee as an employee and Employee's compensation thereof, and in view of the confidential position to be held by Employee, the unique and specialized training which the Company may provide Employee and the confidential nature and proprietary value of the information which the Company may share with Employee, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, as follows:

Prohibited Competition. The Employee recognize recognizes and acknowledge acknowledges the competitive and proprietary nature of the Company's business operations. The Employee acknowledges and agrees that a business will be deemed competitive with the Company if it engages in a line of business in which it performs any of the services, manufactures or sells any of the products principal services provided or offered by the Company or is involved in any services designed or marketed primarily to fulfill the researchsame function, whether or development of processes, products or techniques in not similar (the Company's Field of Interest (such business to be referred to as a "competitive business"). The term Company's "Field of Interest" currently means the development of products or processes as anti-infective therapeutics or diagnostics and commercial use of fungi, yeast, and bacteria in drug screening, production, development or "). The Employee further acknowledges and agrees that during the course of performing services for the Company as an employeeCompany, the Company will furnish, disclose or make available to Employee confidential and proprietary information related to the Company's business and that the Company may provide Employee with unique and specialized training. Employee also acknowledges that such confidential information and the training to be provided by the Company have has been developed and will be developed by the Company and others with whom through the Company has a relationship through expenditure by the Company and others of substantial time, effort and money and that all such confidential information and training could be used by the Employee to compete with the Company. Accordingly, the Employee hereby agrees in consideration of the Company's agreement to engage hire the Employee as an employee and to pay the Employee's compensation thereof, for services rendered to the Company and in view of the confidential position of trust to be held by Employee, the unique and specialized training which the Company may provide Employee and the confidential nature and proprietary value of the information which the Company may share with the Employee, and for other good and valuable consideration, the receipt and sufficiency of which is are hereby acknowledged, as follows: During the term of the Employee's employment by the Company under this Agreement (the "Term") and for a period of two (2) years following the expiration or termination of the Term (the "Restricted Term"), whether such termination is voluntary or involuntary, the Employee shall not, without the prior written consent of the Company, at any place within the state of Colorado:

Prohibited Competition. Employee recognize recognizes and acknowledge acknowledges the ---------------------- competitive and proprietary nature of the Company's business operations. Employee acknowledges and agrees that a business will be deemed competitive with the Company if it performs any involves the development and performance of seminars, classes and other presentations on the servicessubject matter of information technology of a nature similar to the seminars, manufactures or sells any of the products classes and presentations currently provided or offered by the Company or is involved in the researchfor Hewlett-Packard Company, or development of processesOracle Corporation, products or techniques in the Company's Field of Interest Informix, Inc. and Xxxxxx Associates, Inc. (such business to be referred to as a "competitive business"). The term Company's the "Field of Interest" currently means the development of products or processes as anti-infective therapeutics or diagnostics and commercial use of fungi, yeast, and bacteria in drug screening, production, development or Employee further acknowledges and agrees that during the course of performing services for the Company as an employee, the Company will furnish, disclose or make available to Employee confidential and proprietary information related to the Company's business and that the Company may provide Employee with unique and specialized training"). Employee also acknowledges that such confidential information and the training to be provided by the Company have been developed and will be developed by the Company and others with whom the Company has a relationship through expenditure by the Company and others of substantial time, effort and money and that all such confidential information and training could be used by Employee to compete with the Company. Accordingly, Employee hereby agrees in consideration of the Company's agreement to engage hire Employee as an employee and Employee's compensation thereof, for services rendered to the Company and in view of the confidential position to be held by Employee, the unique and specialized training which the Company may provide Employee and the confidential nature and proprietary value of the information which the Company may share with Employee, and for other good and valuable consideration, the receipt and sufficiency of which is are hereby acknowledged, as follows:: Employee agrees that for a period beginning on the date hereof and continuing until the first anniversary of this Agreement, Employee shall not engage, directly or indirectly, on his own behalf or on behalf of any other person or entity other than the Company, whether as principal, agent, partner, co- venturer, owner, stockholder, contract speaker, employee or consultant, anywhere in the world, in any business or activity within the Field of Interest. Employee further recognizes and acknowledges that (i) the types of employment which are prohibited by this paragraph are narrow and reasonable in relation to the skills which represent Employee's principal salable asset both to the company and to Employee's other prospective employers, and (ii) the specified but broad geographical scope of the provisions of this paragraph is reasonable, legitimate and fair to Employee in light of the Company's need to perform its and market its services and throughout the world in order to have a sufficient customer base to make the Company's business profitable . If any part of this section should be determined by a court of competent jurisdiction to be unreasonable in duration, geographic area, or scope, then this section is intended to and shall extend only for such period of time, in such area and with respect to such activity as is determined to be reasonable.

Prohibited Competition. Employee recognize recognizes and acknowledge acknowledges the competitive and proprietary nature of the Company's business operations. Employee acknowledges and agrees that a business will be deemed competitive with the Company if it performs any involves the development, enhancement or sales of psychometric profiling software for use via the servicesinternet or in other manners, manufactures whether it be for companies, employees, applicants or sells any of the products provided or offered by the Company or is involved in the researchstudents, or development in related areas of processessoftware development, products enhancement or techniques in the Company's Field of Interest sales (such business to be referred to as a "competitive business"). The term Company's the "Field of Interest" currently means the development of products or processes as anti-infective therapeutics or diagnostics and commercial use of fungi, yeast, and bacteria in drug screening, production, development or "). Employee further acknowledges and agrees that during the course of performing services for a business will be deemed competitive with the Company if it involves the development, enhancement or sales on the subject of information technology of a nature similar to jobFit, careerFit or studentFit or products developed using any or all of them as an employee, the Company will furnish, disclose or make available to Employee confidential and proprietary information related to the Company's business and that the Company may provide Employee with unique and specialized trainingat least a partial basis for further development. Employee also acknowledges that such confidential information and the training to be provided by the Company have been developed and will be developed by the Company and others with whom the Company has a relationship through expenditure by the Company and others of substantial time, effort and money and that all such confidential information and training could be used by Employee to compete with the Company. Accordingly, Employee hereby agrees in consideration of the Company's agreement to engage purchase the related software developed by Employee as an employee and Employee's compensation thereof, the issuance to him or his designees of a significant amount of Company stock and in view of the confidential position to be held by Employee, the unique and specialized training which the Company may provide Employee and the confidential nature and proprietary value of the information which the Company may share with Employee, the requirement of Employee to continue to participate in the further development of the software referred to above and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, as follows:: Employee agrees that for a period beginning on the date hereof and continuing until the expiration of this Agreement, Employee shall not engage, directly or indirectly, on his own behalf or on behalf of any other person or entity other than the Company, whether as principal, agent, partner, co-venturer, owner, stockholder, contract speaker, employee or consultant, anywhere in the world, in any business or activity within the field of Interest. Employee further recognizes and acknowledges that (i) the types of employment which are prohibited by this paragraph are narrow and reasonable in relation to the skills which represent Employee's principal salable asset both to the Company and to Employee's other prospective employers, and (ii) the specified but broad geographical scope of the provisions of this paragraph is reasonable, legitimate and fair to Employee in light of the Company's need to perform its functions and market services and throughout the world in order to have a sufficient customer base to the Company's business profitability, especially in light of the significant amount of common shares issued to Employee. If any party of this section should be determined by a court of competent jurisdiction to be unreasonable in duration, geographic area, or scope, then this section is intended to and shall extend only for such period of time, in such area and with respect to such activity as is determined to be reasonable.