Common use of Sections II Clause in Contracts

Sections II. A.1. and 3. above shall not apply, and instead the Participant acknowledges and agrees that during his/her employment or service with the Employer: (i) the Participant will not engage (directly or indirectly) in any other employment or business activity within the Territory whose primary business involves or is related to the Business; provided however, the foregoing restriction shall only apply to such service or product for which the Participant has had access to Proprietary and Confidential Information or otherwise has had active involvement, and (ii) the Participant will not, without the prior written consent of the Employer, engage (directly or indirectly) in any other employment or business activity that would tend to create an actual or apparent conflict of interest with the Employer, or undermine or interfere with the Participant’s ability to devote his or her best efforts and to fulfill the duties and responsibilities of his or her position with the Employer. The Participant further agrees that, given the nature of the business of the Employer Group and his or her position with the Employer, such geographic scope is appropriate and reasonable.