Reasonable in Duration Sample Clauses

Reasonable in Duration. In order to be protectable, the restriction must be “reasonable in duration.” MCL 445.774a(1). “With respect to duration, Michigan courts have not provided any bright line rules. Most courts simply cite the lack of a bright line rule and they ‘have upheld non-compete agreements covering time periods of six months to three years.’”35 However, Xxxxxx v. A & M Logistix, Inc., is an example where the restriction was found to be unreasonable and the Court provided justification for its decision.36 The district court found that the two-year restrictive covenant was unreasonable for being vague and overbroad in scope of prohibited activities, having no geographical limitation, and for being too long in duration. As to duration, the district court found the restrictive covenant was too long because the information sought to be protected was available in the public domain (AML's alleged proprietary information (e.g. race tracks, fairgrounds, tent manufacturers, caterers, and vendors, etc.) could be found in everyday sources such as the yellow pages). In the case of the customers, Plaintiff knew the manufacturers and their representatives prior to joining AML. That information was never sold or transferred to AML, and was is not the proper subject matter for a restrictive covenant.”
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Related to Reasonable in Duration

  • Reasonable Additional Hours All hours worked over an average of 38 ordinary hours per week, will be deemed to be additional hours. All hours worked by permanent part-time employees beyond their specified number of hours will be treated as additional hours for the purpose of this subclause. From time to time, employees may be required to work a reasonable amount of additional hours. All additional hours worked will be paid in accordance with this Agreement. An employee may not be required to work additional hours in circumstances where the working of additional hours would result in the employee working hours which are unreasonable having regards to (refer to section 226 of the Act):

  • Reasonable Suspicion That quantity of proof or evidence that is more than a hunch, but less than probable cause. Reasonable suspicion must be based on specific, objective facts and any rationally derived inferences from those facts about the conduct of an employee. These facts or inferences would lead the reasonable person to suspect that the employee is or has been using drugs while on or off duty.

  • Reasonable Costs A cost is reasonable if, in its nature and amount, it does not exceed that which would be incurred by a prudent person under the circumstances prevailing at the time the decision was made to incur the cost. In determining reasonableness of a given cost, consideration shall be given to:

  • AUTHORITY TO EXECUTE THIS AGREEMENT The person or persons executing this Agreement on behalf of CONSULTANT warrants and represents that he/she has the authority to execute this Agreement on behalf of the CONSULTANT and has the authority to bind CONSULTANT to the performance of its obligations hereunder.

  • Costs of making good any damage If any of the Distributor's Equipment is damaged by the negligence or wilful act or omission of the Trader or the Trader's employees, agents, or invitees, the Trader must pay the cost of making good the damage to the Distributor.

  • Reasonable Care The Collateral Agent is required to use reasonable care in the custody and preservation of any of the Collateral in its possession; provided, that the Collateral Agent shall be deemed to have used reasonable care in the custody and preservation of any of the Collateral, if such Collateral is accorded treatment substantially similar to that which the Collateral Agent accords its own property.

  • Reasonable Overtime (a) There is a requirement to work reasonable overtime. Subject to that requirement being met, it is not compulsory for an Employee to work overtime in a particular case.

  • Reasonable Precautions XXX shall take reasonable precautions to secure usernames, passwords, and any other means of gaining access to the services and hosted Student Data.

  • Knowledge, Skills and Abilities Shall be knowledgeable in replacement/adjustment of closures, locks, hinges and handles on commercial steel door systems. - Repairs, installs, and maintains commercial plumbing services such as closet and urinal diaphragms and flush valves. - Have obtained previous certification in using boom and scissor lifts. - Have obtained previous certification in using forklift. MINIMUM JOB QUALIFICATIONS: - One-year certificate from an appropriate technical/military school or completion of trade apprenticeship; or three years verifiable experience in a related field. - Ability to read, write and speak English, interpret documents such as safety rules, operating and maintenance instructions, blue prints, wiring diagrams and equipment manuals. Ability to write routine reports and correspondence. Ability to communicate effectively with building occupants and employees of OCCC. - Ability to add, subtract, multiply and divide. - Shall possess a valid Florida Driver’s license (or State issued ID) for the duration of employment in this position. - Willing to work in a team atmosphere and be willing to work alongside OCCC employees.

  • Reasonable Suspicion Testing The Employer may, but does not have a legal duty to, request or require an employee to undergo drug and alcohol testing if the Employer or any supervisor of the employee has a reasonable suspicion (a belief based on specific facts and rational inferences drawn from those facts) related to the performance of the job that the employee:

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