Restriction Against Competition. Employee acknowledges that he is being employed in a position of trust and confidence and will have access to and become familiar with the unique methods, services and procedures used by the Corporation and that as part of Employee's duties, he will develop and maintain close working relationships with vendors, customers and employees of the Corporation and its subsidiaries. Employee further acknowledges that the Corporation and its subsidiaries, over the years, through goodwill, advertising, honest business methods and aggressive promotion, have built a lucrative business and obtained loyal vendors and customers. Employee further acknowledges that disclosure or use of any of the Corporation's confidential or proprietary information, trade secrets or other information relating to the operation of the business of the Corporation or its subsidiaries could have a serious detrimental effect upon the Corporation, the monetary loss from which would be difficult, if not impossible, to measure. In consequence of the foregoing, Employee agrees:
Restriction Against Competition. Employee acknowledges that he is employed in a position of trust and confidence and has had and will continue to have access to and become familiar with the unique methods, services and procedures used by the Corporation and that, as part of Employee’s duties, he has developed and will continue to develop and maintain close working relationships with vendors, customers and employees of the Corporation and its subsidiaries. Employee further acknowledges that the Corporation and its subsidiaries, over the years, through goodwill, advertising, honest business methods and aggressive promotion, have built a lucrative business and obtained loyal vendors and customers. Employee further acknowledges that disclosure or use of any of the Corporation’s Confidential Information relating to the operation of the business of the Corporation or its subsidiaries (as defined in Section 5.1(E) of this Agreement) could have a serious detrimental effect upon the Corporation, the monetary loss from which would be difficult, if not impossible, to measure. In consequence of the foregoing, and in consideration for the Corporation’s agreement to provide severance rights and benefits to Employee as set forth in Article 4 of this Agreement and the Change of Control rights and benefits to Employee as set forth in Article 6 of this Agreement, which Employee acknowledges and agrees are rights and benefits to which he is otherwise not entitled, Employee agrees as follows:
Restriction Against Competition. (a) In consideration of the Compensation to be received hereunder, the Employee agrees that while he is employed by the Company pursuant to this Agreement, and during the two year period following the effective date of termination of this Agreement, for any reason, the Employee shall not, directly or indirectly, as a stockholder, partner, officer, director, agent, consultant, employee, or otherwise:
Restriction Against Competition. (a) The Executive agrees that while he is employed by the Company pursuant to this Agreement and during the twelve (12) month period following the effective date of termination of this Agreement for any reason, the Executive shall not, directly or indirectly, as a partner, officer, director, agent, consultant, employee, or otherwise:
Restriction Against Competition. In recognition of the product and industry knowledge, training, and client information Employer shall provide to Employee as part of his new employment with Employer, as well as the agreed-upon compensation, Employee agrees that throughout the term of his employment with the Employer and for a period of one (1) year thereafter, regardless of the reason for termination of employment, he will not, individually or in conjunction with any other person, or as an employee, consultant, agent, representative, partner or holder of any interest in any other person, firm, corporation or other association:
Restriction Against Competition. 3.1. Subject to Section 3.2, during the period ending on the date that is two (2) years following the date that the Vendors (or their permitted transferees) cease to be shareholders of the Corporation and within the Province of Alberta (the “Prohibited Area”), the Vendors shall not, without the prior written consent of the Purchaser (which consent may be unreasonably and arbitrarily withheld at the Purchaser’s sole discretion), directly or indirectly, whether through a corporation or otherwise, individually or in partnership, jointly or in conjunction with any Person, firm, Affiliate, association, syndicate, company or corporation or any other entity whether as principal, agent, joint venturer, partner, director, officer, employee, employer, consultant, investor, lender, independent contractor, licensor, licensee, franchisor, franchisee, distributor, consultant, supplier, trustee, shareholder or other equity holder (other than as a shareholder of less than five percent (5%) of the voting equity of an entity offering its securities to the public, and other than as a shareholder of EVIO Inc., no matter what percentage of voting equity held) or in any other manner whatsoever, at any time during the such period, do any of the following:
Restriction Against Competition. Each Seller agrees, for a period of five years after the Closing Date, that such Seller will not engage, directly or indirectly (whether as an officer, director, employee, consultant, agent, representative or otherwise) in any business that is competitive to the Business as it exists on the Closing Date in any county of any State, district, possession or territory of the United States of America; provided, however, that no owner of less than 1% of the outstanding stock of any publicly-traded corporation shall be deemed to engage solely by reason thereof in any of its business. If the final judgment of a court of competent jurisdiction declares that any term or provision of this Section 5.1 is invalid or unenforceable, the parties agree that the court making the determination of invalidity or unenforceability shall have the power to reduce the scope, duration or area of the term or provision, to delete specific words or phrases or to replace any invalid or unenforceable term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Agreement shall be enforceable as so modified after the expiration of the time within which the judgment may be appealed.
Restriction Against Competition. During the Term, the Selling Parties each individually agree that it or they shall not, directly or indirectly, as principal, agent, representative, subsidiary, shareholder, consultant or in any other capacity engage in or assist any other person or entity in engaging in the business of wholesale distribution of the types of products generally sold by the Buyer to its customers (the "Wholesale Distribution Business") within the Restricted Area; provided, however, that Buyer acknowledges and agrees that the Selling Parties and their affiliates also currently (i) are engaged in a wholesale novelty business through Lansing's Novelty, Inc., and (ii) are engaged in the manufacturing and wholesale distribution business of cigarettes sold under the name of "Jim Porter," some or all ox xxxxx xxsiness activity is conducted by T & M Tobacco, Inc., within the Restricted Area (collectively, "Selling Parties' Excluded Business Activities"), and Buyer further acknowledges and agrees that the continuation by Selling Parties or their affiliates of the Selling Parties' Excluded Business Activities within and outside of the Restricted Area during the Term does not constitute, and will not be deemed to be, a violation of this Agreement.
Restriction Against Competition. The provisions of Clauses 9.1.1 to 19.1.7 shall apply, subject to the provisions of Clause 19.3, to all PARTIES other than NSE.
Restriction Against Competition. The Employee agrees that while he is employed by the Corporation pursuant to this Agreement, and for each month following the effective date of termination of this Agreement for which the Corporation pays to Employee a sum equivalent to one month of Employee's Salary (collectively, the "Restricted Period"), Employee shall not, directly or indirectly, as a partner, officer, director, agent, consultant or otherwise:
