Ability to Compete Sample Clauses

Ability to Compete. Except as expressly stated in this Section XVI, each party acknowledges that the other may publish textbooks, test questions, or materials within the same or similar areas of general or specific interest as a Textbook published under this Agreement, and nothing in this Agreement shall inhibit a party from that practice. Each party understands that the other party is in the business of providing goods and services of many types, and it is not the intent of this Section XVI to unduly curtail the freedom of either party to conduct its business affairs, to enter into agreements with others, or to offer goods or services to its customers in accordance with its business judgment. This Section XVI is to be construed in a reasonable manner with the intent of protecting each party's right to carry on its own business while ensuring that each enjoys the benefits of its bargain under this Agreement.
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Ability to Compete. If a new position is created or the position is reclassified, all qualified employees may compete for that position, based on the qualifications established in the classification specification and approved by the Civil Service Board. Competition and placement in a new and/or revised classification shall be in accordance with applicable Civil Service Rules. The requirement to have employees compete may be waived for the benefit of the Department and employees. This exception is only applicable when an entire classification in an area, detail, section, bureau is affected by an audit. The decision to waive a competitive process is allowable as agreed by the parties without regard to Civil Service Rules.
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Ability to Compete. If a new position is created or the position is reclassified, all qualified employees may compete for that position, based on the qualifications established by the Las Vegas Metropolitan Police Civil Service Board in the classification specification. Competition and placement in a new and/or revised classification shall be in accordance with applicable Civil Service Rules.
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Ability to Compete. Releasor and Releasee agree that Releasor is free to work for, be affiliated with and/or to pursue employment with any company or entity of his choice including, but not limited to, any company or entity which competes in whole or in part with the business of HC Innovations, Inc., and/or Enhanced Care Initiatives, Inc. and/or any affiliate of either or both of these companies. The parties further agree that Releasor is not bound by any restrictive covenant limiting his ability to seek employment with, to work for, or to be associated in any way with a company or entity that competes in whole or in part with the business of HC Innovations, Inc. and/or Enhanced Care Initiatives, Inc. and/or any entity affiliated with either or both of these companies. The terms of this Paragraph 15 of the Agreement supersede any restrictive convenant, including but not limited, to any restrictive covenant contained in the Employment Agreement dated February 9, 2009.
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Related to Ability to Compete

  • Ability to Abandon CVR A Holder may at any time, at such Holder’s option, abandon all of such Holder’s remaining rights in a CVR by transferring such CVR to Parent without consideration therefor. Nothing in this Agreement is intended to prohibit Parent from offering to acquire CVRs for consideration in its sole discretion.

  • Covenants Not to Compete No Initial Stockholder, employee, officer or director of the Company is subject to any noncompetition agreement or non-solicitation agreement with any employer or prior employer which could materially affect his ability to be an Initial Stockholder, employee, officer and/or director of the Company.

  • Ability to Service The Servicer is an approved seller/servicer of conventional residential mortgage loans for Xxxxxx Xxx or Xxxxxxx Mac, with the facilities, procedures and experienced personnel necessary for the sound servicing of mortgage loans of the same type as the Mortgage Loans. The Servicer is in good standing to service mortgage loans for either Xxxxxx Mae or Xxxxxxx Mac. The Servicer is a member in good standing of the MERS system;

  • Covenant Not to Compete Intel shall not be required to agree to any covenants including without limitation any covenant not to compete or any covenant not to solicit any of the customers, employees or suppliers of any party to the Transaction. Furthermore, notwithstanding the foregoing, the obligation of Orbotech to sell its shares (the “OrbotechTransaction”) pursuant to this Article 29B shall be subject to the condition that the only representations, warranties or indemnities that Orbotech shall be required to make in connection with the Orbotech Transaction are representations, warranties and indemnities concerning (i) legal ownership of the Company’s securities to be sold by Orbotech (the “Orbotech Securities”), and (ii) the corporate authority of Orbotech to convey title to the Orbotech Securities, and the ability to do so free and clear of liens, encumbrances or adverse claims (the “Orbotech Required Obligations”). The Orbotech Required Obligations shall be in the same form as those to be given by each of the other shareholders of the Company and shall be given by Orbotech on a several (but not joint) basis only. 29C. STAND STILL Notwithstanding anything to the contrary in these Articles, any issuance of securities by the Company, and any sale, transfer, pledge, encumbrance or other disposal of any of the securities of the Company (by the Company or any shareholder), or any other action (including repurchase of any shares of the Company by the Company or by any subsidiary thereof), other than any action in which the provisions of Article 29B (Bring Along) shall apply, which results in a Strategic Investor (as defined below) whether or not a shareholder of the Company, holding (together with affiliates, Permitted Transferees, or other parties acting in concert with it) more than 20% of the voting rights in the Company, is prohibited unless approved in writing in advance by the Majority Preferred Shareholders (excluding, for the purposes of such majority, any Strategic Investors and their affiliates and Permitted Transferees or other parties acting in concert with them) and on terms and conditions approved by them. Any of the transactions set forth in the forgoing sentence not so approved shall be null and void and shall not be registered in the Company’s Shareholders Register. For purpose hereof a “Strategic Investor” shall mean a corporation or other business entity whose business is related to the Company’s business and who is likely to have a business or technologic interest in the Company’s business, as distinguished from an interest for the sole purpose of a financial investment. CALLS

  • Ability to Carry Out Obligations Company has the right, power, and authority to enter into and perform its obligations under this Agreement. The execution and delivery of this Agreement by Company and the performance by Company of its obligations hereunder will not cause, constitute, or conflict with or result in (a) any breach of violation or any of the provisions of or constitute a default under any license, indenture, mortgage, charter, instrument, articles of incorporation, bylaw, or other agreement or instrument to which Company is a party, or by which either of them may be bound, nor will any consents or authorizations of any party other than those hereto be required; (b) an event that would cause Company to be liable to any party; or (c) an event that would result in the creation or imposition of any lien, charge, encumbrance on any asset of Company.

  • Notice and Opportunity to Cure Notwithstanding the foregoing, it shall be a condition precedent to the Company’s right to terminate Executive’s employment for Cause and Executive’s right to terminate for Good Reason that (i) the party seeking termination shall first have given the other party written notice stating with specificity the reason for the termination (“breach”) and (ii) if such breach is susceptible of cure or remedy, a period of fifteen (15) days from and after the giving of such notice shall have elapsed without the breaching party having effectively cured or remedied such breach during such 15-day period, unless such breach cannot be cured or remedied within fifteen (15) days, in which case the period for remedy or cure shall be extended for a reasonable time (not to exceed an additional thirty (30) days) provided the breaching party has made and continues to make a diligent effort to effect such remedy or cure.

  • Agreement Not to Compete In order to protect the business interests and good will of Company and its Affiliates with respect to Customers and accounts, and to protect Confidential Information, Executive covenants and agrees that for the entire period of time that this Agreement remains in effect, and for a period of one (1) year after termination of Executive’s employment for any reason, Executive will not:

  • Opportunity to Cure The COUNTY may, at its sole discretion, provide the AGENCY with a Notice to Cure a breach of this Contract. If the AGENCY fails to cure the breach to the COUNTY’S satisfaction within the time provided in the Notice to Cure, the COUNTY may terminate this Contract for cause.

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