Waiver of Non-Compete. NIKE has the option, in its sole discretion, to elect to waive all or a portion of the Restriction Period or to limit the definition of Competitor, by giving EMPLOYEE seven (7) days prior notice of such election. In the event all or a portion of the Restriction Period is waived, NIKE shall not be obligated to pay EMPLOYEE for any period of time as to which the covenant not to compete has been waived.
Waiver of Non-Compete. Subject to the Executive’s continued compliance with this Agreement and the Release, the Parties acknowledge and agree that the non-competition restrictions in Section 9(b) of the Employment Agreement have been waived as of the Effective Time.
Waiver of Non-Compete. NIKE has the option to elect to waive _____________________ all or a portion of the Restriction Period or to limit the definition of Competitor, by giving Employee seven (7) days prior notice of such election; provided, however, unless Employee is terminated "for cause" (which shall only include continual and repeated neglect of duties or acts of dishonesty), any waiver of the Restriction Period must be with the consent of Employee. In the event all or a portion of the Restriction Period is waived, NIKE shall not be obligated to pay Employee for any period of time as to which the Covenant Not to Compete has been waived.
Waiver of Non-Compete. The Company, on behalf of itself and each member of the Company Group, hereby waives its rights to enforce all non-competition provisions against each Symmetry Surgical Employee to the extent that they could be asserted against such Symmetry Surgical Employee for providing services to the SpinCo Group. SpinCo, on behalf of itself and each member of the SpinCo Group, hereby waives its rights to enforce all non-competition provisions against each employee of the Company Group, to the extent that they could be asserted against such employee for providing services to the Company Group.
Waiver of Non-Compete. The Company agrees to consider, on a case-by-case basis, waivers of Employee’s non-competition obligations as set forth in his “Lock-Up and Incentive Agreement” dated June 27, 2019, such waivers to be granted in the Company’s sole discretion.
Waiver of Non-Compete. Notwithstanding any provision of the License Agreement, the Parties acknowledge and agree that the provisions of the covenant not to compete set forth in Section 13.1 (a)(i) and (ii) of the License Agreement is terminated as of the Termination Effective Date and shall have no further force and effect.
Waiver of Non-Compete. The Company hereby waives any and all obligations, including but not limited to the provisions of Section 11 of the Employment Agreement, that restrict Consultant's right to compete with the Company or to accept employment with or compensation from, manage, own an equity interest in, consult with, or otherwise operate freely with respect to any other person or entity, including but not limited to any person or entity that competes with the Company, and agrees that such provisions and obligations shall have no further force or effect from and after the Termination Date.
Waiver of Non-Compete. Subject to the Executive’s continued compliance with this Agreement and the Release, the Parties acknowledge and agree that the non-competition restrictions in Section 9(b) of the Employment Agreement have been waived as of December 20, 2017. If the Merger Agreement is terminated prior to the Effective Time, such waiver shall cease to apply as of the date of such termination; provided, however, that, notwithstanding the termination of this Agreement pursuant to Section 1(a) hereof, the waiver shall continue to apply with respect to any actions taken by the Executive during the period between December 20, 2017 and the date of such termination of the Merger Agreement.
Waiver of Non-Compete. The COMPANIES hereby waive and release XXXXXXXX from all non-compete restrictions as outlined in the EMPLOYMENT CONTRACT between XXXXXXXX and the COMPANIES.
Waiver of Non-Compete. A new Section 8(b)(xii) is added to the Employment Agreement which states the following: Notwithstanding any other provision in this Employment Agreement, in any equity or equity-based grant agreement or any other agreement or plan covering the Executive, all of the non-competition restrictions imposed on the Executive under Section 4 of this Agreement, in any equity or equity-based grant agreements, or any other agreement or plan provided by PSS or its affiliates shall cease to apply in the event of an involuntary termination without cause following a Change of Control of Collective Brands, Inc. For purposes of this Amendment, Change of Control shall have such meaning as defined in the 2006 Collective Brands, Inc. Stock Incentive Plan, as amended.
