Covenant Not to Compete; Non-Interference. (a) The Executive acknowledges that the services to be performed under this Agreement are of a special character, that the businesses of the XRG Companies are national in scope, that their services are marketed throughout the United States, and that the XRG Companies compete with other organizations that are or could be located in any part of the United States. The Executive further acknowledges that XRG requires the Executive to agree to the provisions of this Section 13 as a condition to its purchase of the stock of Express Freight Systems,
Covenant Not to Compete; Non-Interference. 6.2.1 The Executive covenants and undertakes that, during the period of his employment hereunder and for a period of two (2) years hereafter, he will not, without the prior written consent of the Company, directly or indirectly, and whether as principal, agent, officer, director, employee, consultant, or otherwise, alone or in association with any other person, firm, corporation, or other business organization, carry on, or be engaged, concerned, or take part in, or render services to, or own, share in the earnings of, or invest in the stock, bonds, or other securities of any person, firm, corporation, or other business organization (other than the Company or its affiliates, if any) engaged in a business in the same geographic market in which the Company conducts business which is similar to or in competition with any of the businesses carried on by the Company (a "Similar Business") except in the course of his employment hereunder; provided, however, that the Executive may invest in stock, bonds, or other securities of any Similar Business (but without otherwise participating in the activities of such Similar Business) if (i) such stock, bonds, or other securities are listed on any national or regional securities exchange or have been registered under Section 12(g) of the Securities Exchange Act of 1934; and (ii) his investment does not exceed, in the case of any class of the capital stock of any one issuer, 5% of the issued and outstanding shares, or in the case of bonds or other securities, 5% of the aggregate principal amount thereof issued and outstanding.
Covenant Not to Compete; Non-Interference. 8.1 During the term of this Agreement, Executive shall not, directly or indirectly, engage or participate in any business, which is in competition with any business in which the Company conducts or pursues during the term of this Agreement. Moreover, in view of Executive's access to the Company's trade secrets and proprietary information and know-how, Executive further agrees that Executive will not, without the Company's prior written consent, design or develop identical or substantially similar designs as those developed for the Company during his employment for himself or any third party during the term of this Agreement and for a period of twelve (12) months following the termination of this Agreement.
Covenant Not to Compete; Non-Interference. (a) The Executive acknowledges that the services to be performed under this Agreement are of a special and unique character, that the businesses of the XRG Companies are national in scope, that their services are marketed throughout the United States, and that the XRG Companies compete with other organizations that are or could be located in any part of the United States. The Executive further acknowledges that XRG requires the Executive to agree to the provisions of this Section 13 as a condition to its purchase of Highbourne Corporation. In consideration of the foregoing, and in consideration of his continued employment by XLIH, the Executive hereby covenants and agrees that he shall not:
Covenant Not to Compete; Non-Interference. (a) Consultant hereby covenants and agrees that during the Term it will not without reasonable prior notice to the Company, directly or indirectly, whether alone or in association with others, either as principal, agent, employee, consultant, representative or in any other capacity, own, manage, operate or control, or be connected or employed by, render advisory consultations or other services to, or otherwise associate in any manner with, any business which is engaged in the specific areas of research being conducted by the Company.
Covenant Not to Compete; Non-Interference. 6.2.1. The Executive covenants and undertakes that, during the period of three (3) years from the date hereof, and without regard to termination of the Term, he will not, without the prior written consent of the Company, directly or indirectly, and whether as principal, agent, officer, director, employee, consultant, or otherwise, alone or in association with any other person, firm, corporation, or other business organization, carry on, or be engaged, concerned, or take part in, or render services to, or own, share in the earnings of, or invest in the stock, bonds, or other securities of any person, firm, corporation, or other business organization (other than the Company or its affiliates, if any) engaged in a business in the Continental United States which is in competition with any of the businesses carried on by the Company or APH (a "Similar Business") except in the course of his employment hereunder; provided, however, that the Executive may invest in stock, bonds, or other securities of any Similar Business (but without otherwise participating in the activities of such Similar Business) if (i) such stock, bonds, or other securities are listed on any national or regional securities exchange or have been registered under Section 12(g) of the Securities Exchange Act of 1934; and (ii) his investment does not exceed, in the case of any class of the capital stock of any one issuer, 5% of the issued and outstanding shares, or in the case of bonds or other securities, 5% of the aggregate principal amount thereof issued and outstanding. The obligations of the Executive under this Section 6.2.1 shall terminate when the employment of the Executive terminates, unless such termination is pursuant to Section 5.2 hereof, in which event such obligation shall continue for the three (3) year period set forth above.
Covenant Not to Compete; Non-Interference. (a) Consultant hereby covenants and agrees that during the Term and for a period of two (2) years thereafter he shall not, without the prior written consent of the Company, directly or indirectly, whether alone or in association with others, either as principal, agent, employee, consultant, representative or in any other capacity, own, manage, operate or control, or be connected or employed by, render advisory consultations or other services to, or otherwise associate in any manner with, any business where the relationship therewith is specifically associated with the field of agents that target any Microsomal Triglyceride Transport Protein as a clinically meaningful mechanism of action.
Covenant Not to Compete; Non-Interference. 7.1 The Employee covenants and undertakes that, during the period of his employment hereunder and if the Company terminates Employee's employment hereunder pursuant to Sections 5.2 (a) or (b), or if Employee voluntarily terminates his employment hereunder, for a period of three (3) years thereafter, he will not, without the prior written consent of the Company, directly or indirectly, and whether as principal or as agent, officer, director, employee, consultant, or otherwise, alone or in association with any other person, firm, corporation, or other business organization, carry on, or be engaged, concerned, or take part in, or render services to, or own, share in the earnings of, or invest in the stock, bonds, or other securities of any person, firm, corporation, or other business organization (other than the Company or its affiliates, if any) engage in a business which is in direct competition with the Company's core business of data processing and/or system programming (a "Similar Business") except in the course of his employment hereunder; provided, however, that the Employee may invest in stock, bonds, or other securities of any Similar Business (but without otherwise participating in the activities of such Similar Business) if (A) such stock, bonds, or other securities are listed on any national or regional securities exchange or have been registered under Section 12 (g) of the Securities Exchange Act of 1934; and (B) his investment does not exceed, in the case of any class of the capital stock of any one issuer, two (2%) percent of the issued and outstanding shares, or in the case of bonds or other securities, two (2%) percent of the aggregate principal amount thereof issued and outstanding.
Covenant Not to Compete; Non-Interference. 6.2.1 The Executive covenants and undertakes that, during the Term and for a period of one (1) year thereafter, he will not, without the prior written consent of the Company, directly or indirectly, and whether as principal, agent, officer, director, employee, consultant, or otherwise, alone or in association with any other person, firm, corporation, or other business organization, carry on, or be engaged, concerned, or take part in, or render services to, or own, share in the earnings of, or invest in the stock, bonds, or other securities of any person, firm, corporation, or other business organization (other than the Company or its affiliates, if any) engaged in a business in the Continental United States which is in competition with any of the businesses carried on by the Company (a "Similar Business") except in the course of his employment hereunder; provided, however, that the Executive may invest in stock, bonds, or other securities of any Similar Business (but without otherwise participating in the activities of such Similar Business) if (i) such stock, bonds, or other securities are listed on any national or regional securities exchange or have been registered under Section 12(g) of the Securities Exchange Act of 1934; and (ii) his investment does not exceed, in the case of any class of the capital stock of any one issuer, 5% of the issued and outstanding shares, or in the case of bonds or other securities, 5% of the aggregate principal amount thereof issued and outstanding.
Covenant Not to Compete; Non-Interference. MESA covenants and undertakes that, during the Term of this Agreement and until one (1) year after the final day MESA provides services to NewCo or HRVE, it will not, without the prior written consent of HRVE and NewCo, directly or indirectly, and whether as principal, agent, officer, director, employee, consultant, or otherwise, alone or in association with any other person, firm, corporation, or other business organization, carry on, or be engaged, concerned, or take part in, or render services to, or own, share in the earnings of, or invest in the stock, bonds, or other securities of any person, firm, corporation, or other business organization (other than HRVE, NewCo or its affiliates, if any) engaged in a business in the same geographic market in which HRVE or NewCo conduct their respective business which is directly similar to or in competition with any of the businesses carried on by HRVE or NewCo (a "Similar Business") except in the course of their services hereunder and except for securities owned by MESA as of the date hereof being held by MESA for investment purposes only; provided, however, that MESA may invest in stock, bonds, or other securities of any Similar Business (but without otherwise participating in the activities of such Similar Business) if (i) such stock, bonds, or other securities are listed on any national or regional securities exchange or have been registered under Section 12(g) of the Securities Exchange Act of 1934; and (ii) its investment does not exceed, in the case of any class of the capital stock of any one issuer, three (3%) percent of the issued and outstanding shares, or in the case of bonds or other securities, three (3%) percent of the aggregate principal amount thereof issued and outstanding. MESA covenants and undertakes that during the Term of this Agreement and for a period of two (2) years after the final day MESA provides services to HRVE or NewCo, it will not, whether for its own account or for the account of any other person, firm, corporation or other business organization, interfere with HRVE or NewCo's relationship with, or endeavor to entice away from HRVE or NewCo, any person, firm, corporation or other business organization who, or which at any time during the period this Agreement is in effect, was a consultant, agent, employee, officer, director, supplier, or a customer of, or in the habit of dealing with, HRVE or NewCo. If any provision of this Section 15 is held by any court of competent jurisdict...
