Conflicting Product or Service definition

Conflicting Product or Service is a product or service that is the same or similar in function or purpose to a Company product or service, such that it would replace or compete with: (a) a product or service the Company provides to its customers; or (b) a product or service that is under development or planning by the Company but not yet provided to customers and regarding which Grantee was provided Confidential Information in the course of employment. Conflicting Products or Services do not include a product or service of the Company if the Company is no longer in the business of providing such product or service to its customers at the relevant time of enforcement.

Conflicting Product or Service means any product or service of any person or organization other than XM, in existence or under development, which resembles or competes with a product or service of XM.

Conflicting Product or Service means any computer program, product, process, system, development tool, application, or service of any person or organization other than the Company, in existence or under development, which competes with a computer program, product, process, system, development tool, application, or service of the Company, that is being or has been marketed, under development, or part of the Company's business development plans at such time as the Executive terminates employment with the Company.

Examples of Conflicting Product or Service in a sentence

• Notwithstanding the foregoing, I may accept employment with a Conflicting Organization whose business is diversified and which is, as to that part of its business in which I accept employment, not a Conflicting Organization if prior to acceptance I provide the Company written notice of the position I am taking and provide written assurances satisfactory to Company that the position will not involve a Conflicting Product or Service or involve use of Confidential Information.

• In order to protect the Company’s trade secrets and other legitimate business interests, during my employment with Company and for twenty-four (24) months after the termination of my employment for any reason, I will not, in person or through the direction or control of others, knowingly solicit business from, contact or communicate with a Covered Customer for the purpose of (a) selling or servicing a Conflicting Product or Service, or (b) diverting a business opportunity away from the Company.

• As used in this Agreement, a "Conflicting Organization" means any person or organization other than the Company that is engaged in or is about to become engaged in the design, research, development, production, marketing, distribution, leasing, licensing, selling, or servicing of a Conflicting Product or Service.

• A “Conflicting Organization” means any business that is a Customer (as defined below), or any other person or organization (including one owned in whole or in part by Employee) which is engaged in or is about to become engaged in the research on, or the development, production, marketing or sale of a Conflicting Product or Service.

• This Paragraph is not intended to prohibit: (i) activities on behalf of an independently operated subsidiary, division, or unit of a diversified corporation or similar business that has common ownership with a Competitor so long as the business of the independently operated business unit does not involve a Conflicting Product or Service; or, (ii) a passive and non-controlling ownership interest in a Competitor through ownership of less than 2% of the stock in a publicly traded company.

More Definitions of Conflicting Product or Service

Conflicting Product or Service means any product or service which competes with or is designed to compete with a product or service sold by the Company or any Affiliate, about which Executive has acquired or acquires Confidential Information.

Conflicting Product or Service means any product or service of any person or organization in the satellite radio business or related business other than WORLDSPACE, in existence or under development, which resembles or competes with a product or service of WORLDSPACE, or about which he acquired Confidential Information through his work with WORLDSPACE.

Conflicting Product or Service means any product or service of any person or organization other than K12, in existence or under development, which resembles or competes with a product or service of K12.

Conflicting Product or Service means any product or service of any person other than the Company or its Affiliates, in existence or under development, which resembles or competes with a product or service that (i) is in existence or under development or is anticipated to be sold or licensed to others by the Company or one or more of the Company’s subsidiaries or (ii) is planned for production in the Company’s business plan approved in accordance with the bylaws of the Company (as amended, modified, restated or replaced from time to time, the “Bylaws”)) and in effect as of the Date of Termination. For the avoidance of doubt, a Conflicting Product or Service includes automobiles, trucks, and other vehicles or mobile machines used for the transportation of people or cargo.

Conflicting Product or Service means any product or service of any person or organization other than UT, in existence or under development, which resembles or competes with a product or service of UT’s which is then in existence or under development, excluding, however, the preclinical compound AFP-07 under development by the PPH Cure Foundation.

Conflicting Product or Service means a product and/or service that is the same or similar in function or purpose to a Company product and/or service, such that it would replace or compete with: a product and/or service the Company provides to its customers; or a product or service that is under development or planning by the Company but not yet provided to customers and regarding which Optionee was provided Confidential Information in the course of his/her employment.

Conflicting Product or Service means any product or service of any person or organization other than Company that competes with a product or service of the Company, whether in existence or under development, that I had involvement with or received Confidential Information about during the Look Back Period. The “X Look Back Period” refers to the last two (2) years of my employment with Company or such lesser period as I may have been employed with the Company and the “Y Look Back Period” refers to the last twelve (12) months of my employment with the Company or such lesser period as I may have been employed with the Company. “Conflicting Organization” means any person or organization which is engaged in or planning to become engaged in development, production, marketing, or selling of a Conflicting Product or Service. “Covered Customer” is a Company customer (person or entity) that I, or persons under my supervision or management, had business-related contact or dealings with on behalf of the Company in the Y Look Back Period. A customer is understood to include persons or entities that the Company is doing business with (as reflected by any sales or services provided to that person in the preceding two (2) year period) and those with whom the Company has a reasonable expectation of doing business based upon proposals or other business-related contact engaged in with the person or entity in the six (6) month period preceding the termination of my employment with the Company. “Assigned Territory” is the geographic area, by state, county, or other recognized geographic boundary that is assigned to me as a limitation on where I am to do business for the Company if my responsibilities for the Company are limited to, or confined to a specific geographic territory. The Company does business throughout the United States and worldwide in all other countries where it can lawfully do business. Accordingly, if I am not provided a more limited territory assignment, then the Assigned Territory applicable to me shall be understood to be the state(s) where I am employed and provide services, the United States, and the other countries throughout the world where the Company marketed products or services that I had involvement with, during the Y Look Back Period. To “solicit” refers to any intentional communication or conduct that encourages or induces action in another party or is likely to do so, without regard for which party first initiated contact or communication, and without regard to whether the c...