Protective Covenant. The Executive acknowledges and agrees that should he accept a position (other than an officer whose function substantially relates to financial matters) of any business or organization where his duties, or those of others who report directly or indirectly to him, include any activities in the fields of electronically simulated trivia and sports games or interactive television efforts in the hospitality industry, which in the reasonable judgment of the Company is, or as a result of the Executive’s engagement or participation would become, directly competitive with any aspect of the business of the Company Group (a “Covered Position”), that such position would inevitably lead to a disclosure of Confidential Information in contravention of Section 6. Accordingly and without limiting the provisions of Section 6, the Executive agrees that during the Period of Employment, the Executive shall not accept employment in a Covered Position. The Executive expressly acknowledges and agrees that the foregoing restriction is reasonable and necessary in order to protect the Confidential Information of the Company Group.
Protective Covenant. During the period of his employment by DIDAX, Employee shall: (9.1) to the best of his ability, devote his full professional and business time and best efforts to the performance of his duties for DIDAX and its subsidiaries and affiliates; and (9.2) not acquire, assume, or participate in, directly or indirectly, any position, investment, action or interest adverse or antagonistic to DIDAX, its business or prospects, financial or otherwise.
Protective Covenant. Employee agrees not to acquire, assume, or participate in, directly or indirectly, any position, investment, or interest in the Territory adverse or antagonistic to the Company, its business or prospects, financial or otherwise, or take any action towards any of the foregoing. The provisions of this Section shall not prevent Employee from owning shares of any competitor of the Company so long as such shares (i) do not constitute more than [1%] of the outstanding equity of such competitor, and (ii) are regularly traded on a recognized exchange or listed for trading by NASDAQ in the over-the-counter market.
Protective Covenant. It is specifically agreed that for a period of two years after cessation of employment (the "Protective Period"), Employee shall not in any manner contact, solicit or cause to be solicited any of Employer's customers, suppliers or clients or former or prospective customers or suppliers for any purpose whatsoever, without the written consent of Employer. Employee further agrees that during the Protective Period he will not directly or indirectly, solicit any Employee of Employer to leave his employment with Employer, unless expressly authorized or instructed to do so in writing by Employer. RETURN OF PROPERTY. All documents, drawings, lists, records or other tangible or intangible thing relating to the business of Employer that Employee originates or comes into the Employee's possession in any way during the employment period shall remain the sole property of Employer. Any copies, abstracts or summaries of such items are likewise the sole property of Employer. Employee shall not make copies or prepare abstracts or summaries of such items except for the sole use and account of Employer and with the consent and instruction of Employer's management. Upon termination of employment of Employee, he or she shall immediately return to Employer all such items in his or her possession, as well as all of Employer's property he or she has received for assistance in performing work duties, including but not limited to those items outlined above, as well as any of Employer's equipment or supplies. Employee shall be liable for damages to Employer for any such property not so returned.
Protective Covenant. Executive acknowledges and recognizes the highly competitive nature of the businesses of Company, the amount of sensitive and confidential information involved in the discharge of Executive’s position with Company, and the harm to Company that would result if such knowledge or expertise was disclosed or made available to a competitor. Based on that understanding, Executive hereby expressly agrees that Executive will not, directly or indirectly, at any time during the Employment Period, (i) engage in any business for Executive’s own account or otherwise derive any personal benefit from any business that competes with the business of The Company Group, (ii) enter the employ of, or render any services to, any person engaged in any business that competes with the business of any entity within The Company Group, or (iii) acquire a financial interest in any person engaged in any business that competes with the business of any entity within The Company Group as an individual, partner, member, shareholder, officer, director, principal, agent, trustee or consultant. For purposes of this Agreement, businesses in competition with The Company Group shall include, without limitation, businesses which any entity within The Company Group conducts operations as of Executive’s Severance Date, and any businesses that any entity within The Company Group has specific and reasonably achievable plans to conduct operations in the future and as to which Executive is aware of such planning, whether or not such businesses have or have not as of the Severance Date commenced operations. Notwithstanding the foregoing, Executive may own, solely as an investment, securities of any person which are publicly traded on a national or regional stock exchange or on an over-the-counter market if Executive (i) is not a controlling person of, or a member of a group which controls, such person, and (ii) does not, directly or indirectly, beneficially own more than five percent (5%) or more of any class of securities of such person. In addition, subject to approval by the Board, Executive shall be entitled to purchase securities of a business in competition with The Company Group if such securities are offered to investors irrespective of any employment or other participation in such business by the investor.
Protective Covenant. (a) During the period beginning at the Closing and ending on the third (3rd) anniversary of the Closing Date, the Acquiror shall not, directly or indirectly, market, distribute or sell in the United Kingdom or Ireland any pharmaceutical product containing tizanidine or any chiral isomer of tizanidine as its active pharmaceutical ingredient.
Protective Covenant. In order to induce Tenant to enter into this ------------------- Lease, Landlord agrees for itself, its successors and assigns, its officers, directors and shareholders (holding more than ten percent (10%) of its stock), its parent, affiliated and subsidiary corporations and any partner or other party affiliated with it, that none of the foregoing shall use, suffer, permit or consent to the use or occupancy of any part of the Entire Premises except for the Demised Premises during the Term of this Lease, as extended and renewed, and that Tenant shall have the exclusive right, power and authority (1) to conduct the operation of a retail and/or wholesale business for the sale and/or distribution of supplies, equipment and apparel for marine and boating uses (hereinafter "Exclusive Business") in the Entire Premise and (2) to sell mechanical, electrical and other equipment, supplies, electronics, appliances, hardware, rope, rigging, boat trailering, navigation, inflatable boats, plumbing and apparel for marine and boating uses (hereinafter "Exclusive Products") in the Entire Premises. Landlord agrees (i) not to enter into any new leases, (ii) not to renew or extend any existing leases, which require Landlord's approval to renew or extend, (iii) not to consent to any assignment or sublease, which require Landlord's consent to assign or sublet, (collectively "New Lease") for the premises in the Entire Premises that permit or contemplate the conduct of any Exclusive Business or that permit or contemplate the sale of any Exclusive Products. Landlord also agrees to include a disclosure in any New Lease of the Exclusivity provisions contained in this Lease, to include a provision in any New Lease wherein such person or entity agrees not to do any acts in violation of the exclusivity provisions of this Lease, and to perform such acts as are necessary or appropriate (including, without limitation, the commencement and prosecution of legal action) to enforce the exclusivity provisions of this Lease. In the event of a breach of the exclusivity provisions of this Section, Landlord agrees that Tenant shall be entitled to obtain (among other relief) injunctive relief and/or compensatory damages. For the purposes of this Lease, the term "Affiliate" shall mean and include (without limitation) any corporation, partnership, limited liability company, or other business entity which is controlled (directly or indirectly) by Landlord or any officers, partner or principals of Landl...
Protective Covenant. Unless Executive first secures Buyer’s consent, Executive will not disclose or use, at any time, any secret or confidential information of Seller or Seller Bank of which Executive became informed during the Executive’s employment, whether or not developed by the Executive. The term “confidential information: includes, without limitation, financial information, business plans, prospects, and opportunities (such as lending relationships, financial product developments, or possible acquisitions or dispositions of business or facilities) which have been discussed or considered by the Seller or Seller Bank’s management, but does not include any information which has become part of the public domain by means other than Executive’s non-observance of the Executive’s obligations hereunder.
Protective Covenant. During Executive’s retention hereunder and for a period of two years after the end of the Term, Executive shall not, directly or indirectly, other than on the Company’s behalf, anywhere in the United States, engage in any activity that would be deemed to be Competition with Corporation as set forth in Section 1.15(a)(ii) of the Restated Bylaws, as amended, of United States Cellular Corporation (“Bylaws”).
Protective Covenant. 7.1 BPC will not, without the prior written consent of the Company, and for a period of one hundred eighty (180) days following the termination of this agreement, either directly or indirectly act or be engaged with another Community Bank acquisition project or ebanking project which might be deemed in conflict with that of the Company or that of any Group Company.
