Restriction on Unfair Competition. A. If, during the two years preceding my Separation, a Customer purchased or obtained a Supported Product through me or through any individual or business unit that I managed, directed, supervised, or supported with other than clerical, menial, or manual labor, then for two years following my Separation I shall not provide, sell, or solicit the sale of a Competing Product to that Customer.B. If, during the two years preceding my Separation, a Customer purchased or obtained a Supported Product through me or through any individual or business unit that I managed, directed, supervised, or supported with other than clerical, menial, or manual labor, then for two years following my Separation I shall not engage in any Activity as part of or in support of providing, selling, or soliciting the sale of a Competing Product to that Customer.C. If, during the two years preceding my Separation, I created, learned, or reviewed confidential or trade secrets of a Customer, then for two years following my Separation I shall not provide, sell, or solicit the sale of a Competing Product to that Customer.D. If, during the two years preceding my Separation, I created, learned, or reviewed confidential or trade secrets of a Customer, then for two years following my Separation I shall not engage in any Activity as part of or in support of providing, selling, or soliciting the sale of a Competing Product to that Customer. E. If, during the two years before my Separation, a Supported Product was sold or solicited for sale into a Territory by me, or any individual or business unit that I managed, directed, supervised, or supported with other than clerical, menial, or manual labor, then for two years following my Separation, I shall not engage in any Activity as part of or in support of developing, designing, testing, or producing a Competing Product for sale into that Territory.F. If, during the two years before my Separation, a Supported Product was sold or solicited for sale into a Territory by the Company, then for two years following my Separation, I shall not engage in any Activity as part of or in support of developing, designing, testing, or producing a Competing Product for sale into that Territory.G. This section 5 will not apply if my work for the Company is principally performed in California, Oklahoma, or North Dakota. If my duties for the Company are principally performed in Colorado, section 5 will apply to me only if I was engaged as an officer, executive, or manage...
Restriction on Unfair Competition. The Participant agrees that during employment with the Company, and for a period of twelve (12) months following the termination of the Participant’s employment with the Company, the Participant will not work for or assist a Competing Business in any capacity (as employee, consultant, contractor, officer, director, investor, agent, or otherwise) that would involve: (i) the same or substantially similar functions or responsibilities to those the Participant performed for the Company; or (ii) supervision over the same or substantially similar functions or responsibilities. This restriction is limited to business activities within Asia Pacific, North America, Latin America and Europe. These restrictions do not prohibit ownership of securities in widely held corporations that are quoted and sold on the open market. The Participant and the Company stipulate that the foregoing is enforceable, reasonable, and necessary to protect the Company’s legitimate business interests such as goodwill, trade secrets and confidential information.
Restriction on Unfair Competition. Employee will not participate in or assist a Competing Business. Further, for twelve (12) months following termination of employment with Company, Employee will not work for, supervise, assist, or participate in, any Competing Business in any capacity (as owner, employee, consultant, contractor, officer, director, lender, investor, agent, or otherwise). This restriction is limited to the United States, the United Kingdom, and any other country in which any entity within the Elevate Group has operations at the time of termination, which the Parties stipulate is a reasonable geographic area because of the scope of the operations of the Elevate Group entities and Employee’s activities. This Section 4.5 creates a narrowly tailored advance approval requirement in order to avoid unfair competition and irreparable harm to the entities within the Elevate Group and is not intended or to be construed as a general restraint from engaging in a lawful profession or a general covenant against competition. Nothing herein will prohibit ownership of less than ten percent (10%) of the publicly traded capital stock of a corporation so long as this is not a controlling interest, or ownership of mutual fund investments. Employee may not avoid the purpose and intent of this Section 4.5 by engaging in conduct within the geographically limited area from a remote location through means such as telecommunications, written correspondence; computer generated or assisted communications, or other similar methods.
Restriction on Unfair Competition. Executive agrees that during Executive’s employment with the Company, and for the duration of the Restricted Period, Executive will not participate in a Competing Business within the Restricted Area. For purposes of this Section, “participate in” includes, without limitation, participating, directly or indirectly, either as an employee, consultant, partner, shareholder, lender, corporate officer, director, or in any other capacity, in assisting a Competing Business; provided, however, that nothing in this Section prohibits Executive from making any investment in any such business (without participating in such business) if: (a) such stocks, bonds, or other securities in which Executive is investing are listed on any United States securities exchange or are publicly traded in an over the counter market; and such investment does not exceed, in the case of any capital stock of any one issuer, five percent (5%) of the issued and outstanding capital stock, or in the case of bonds or other securities, five percent (5%) of the aggregate principal amount thereof issued and outstanding; or (b) such investment is completely passive and no control or influence over the management or policies of such business is exercised.
Restriction on Unfair Competition. Employee agrees that during employment with the Company, Employee will not participate in any way in a Competing Business. Employee agrees that for twelve (12) complete calendar months following termination of employment, Employee will not actively participate in a Competing Business in the Restricted Area by providing services (whether as an employee, agent, consultant, advisor, independent contractor, or other capacity) to a Competing Business in a position that would involve the use or disclosure of Company trade secrets or Confidential Information, that has substantially the same functions and/or responsibilities as a position Employee held with Company, or that involves supervision over substantially the same functions and/or responsibilities. Employee agrees that during employment with the Company, Employee will not participate in any way in a Competing Business. Employee agrees that for twelve (12) complete calendar months following termination of employment, Employee will not actively participate in a Competing Business in the Restricted Area. For purpose of this paragraph, "actively participate in" includes participating, directly or indirectly, either as an employee, consultant, partner, shareholder (other than through ownership of publicly-traded capital stock of a corporation which represents less than ten percent (10%) of the outstanding capital stock of such corporation), -------------------------------------------------------------------------------------------------------------- EMPLOYMENT AGREEMENT PAGE 4 JOHN X. XXXXXXX - XORP. lender, corporate officer, director, or in any other capacity, in assisting a Competing Business if the participation would involve, in any way, influence or input into the Competing Business' business decisions or relationships with customers." Employee agrees that competition in violation of these terms is intrinsically unfair to the Company because it would involve inevitable disclosure of trade secrets and confidential information, as well as conversion of the Company's investment in goodwill and training and confusion over company names and associations.
Restriction on Unfair Competition. Executive agrees that during Executive’s employment with the Company and for a period of one year thereafter, Executive will not participate in, supervise, or manage (as an employee, consultant, contractor, officer, owner, director, or otherwise) Competing Activities in the Restricted Area. The Parties agree this restriction is necessary to protect trade secrets, Confidential Information, goodwill, and other legitimate business interests of the Company.
Restriction on Unfair Competition. At all times during his/her employment by any member of Company Group, and for a period of twelve (12) months following termination of Employee’s employment for any reason, Employee, except as part of his/her duties as an employee of Company Group, shall not directly or indirectly (including as an owner, investor, lender, sole proprietor, employee, independent contractor, leased employee, consultant or otherwise) engage in a Competing Business within the Restricted Area, which Restricted Area Employee may not circumvent through remote means.
Restriction on Unfair Competition. While employed by Employer and for one (1) year after Employee's employment ends, Employee agrees not to do any of the following: (i) directly or indirectly own an interest in, manage, or control a business engaged in the Business Activities; or (ii) otherwise engage in the Business Activities in a fashion which completes with the Employer; or (iii) provide to a competitor of Employer consulting service or services as an employee, partner or owner, which services relate to the Business Activities.
Restriction on Unfair Competition. SECTION 11.1: From the date hereof until the expiration of the Consulting Period, Xxxxxx agrees that he will not participate in a Competing Business. For the purposes of this Agreement, "participate in" includes participating, directly or indirectly, either as an employee, consultant, broker, sales agent, partner, shareholder, lender, corporate officer, member of a board of directors, or in any other capacity, in assisting a Competing Business; provided, however, that nothing herein prohibits or is intended to prohibit Xxxxxx from a passive investment through a mutual fund or through ownership of publicly traded capital stock of a corporation which represents less than two percent (2%) of the outstanding capital stock of such corporation; provided, further, that nothing herein prohibits Xxxxxx from maintaining his status as an independent grower in such capacity as Xxxxxx holds at the time of the execution of this Agreement by the parties. The parties agree and acknowledge that this Agreement in no way affects or supersedes the terms and conditions of Xxxxxx’x relationship with the Company as an independent grower. ARTICLE 12 INJUNCTION SECTION 12.1: Xxxxxx and the Company agree that violations of Articles 9 through 11 of this Agreement would require injunctive relief as the only fully effective remedy. As such, the Company shall be entitled to injunctive relief by temporary restraining order, temporary injunction, and/or permanent injunction in a court of competent jurisdiction. ARTICLE 13
Restriction on Unfair Competition. Employee agrees that during employment with Company, Employee will not participate in or assist a Competing Business. Employee agrees that for a period of twelve (12) complete calendar months following termination of services, Employee will not work for or assist a Competing Company in any capacity (as employee, consultant, contractor, officer, director, investor, agent or otherwise) that would involve (a) the same or substantially similar functions or responsibilities; or (b) supervision over the same or substantially similar functions or responsibilities; or (c) assisting a Competing Company in decisions within the "Restricted Area." "Restricted Area" means any state in which SemiQuip, Aspect SemiQuip International, Aspect Systems, Incorporated or DND Technologies is incorporated or authorized to do business, and that contains an office that Employee worked out of, provided services through or provided supervision over. Employee may not circumvent the purpose of any restriction by engaging in business in the Restricted Area through remote means like telephone, other oral or written correspondence or computerized communication. These restrictions do not prohibit ownership of less than 10% of the publicly traded capital stock of a corporation, or mutual fund investments. Employee will give Company thirty (30) days written notice prior to having any financial affiliations or going to work for a Competing Company.
