Non-Compete Covenants. If Employee terminates his employment without cause, or if Employee's employment is terminated by Bank for cause, then for one year from the date of such termination Employee will not, without the prior written consent of Bank:
Non-Compete Covenants. A Participant that is deemed to have withdrawn pursuant to Section 6.4 or has withdrawn pursuant to Section 11.3 shall not directly or indirectly acquire any interest in property within the Area of Interest for two (2) years after the effective date of withdrawal. If the withdrawing Participant, or the Affiliate of a withdrawing Participant, breaches this Section 11.7, such Participant or Affiliate shall be obligated to offer to convey to the non-withdrawing Participant, without cost, any such property or interest so acquired. Such offer shall be made in writing and can be accepted by the non-withdrawing Participant at any time within forty-five (45) days after it is received by such non-withdrawing Participant.
Non-Compete Covenants. Neither a Participant that withdraws pursuant to SECTION 12.3, or is deemed to have withdrawn pursuant to SECTIONS 6.3 or 10.5, nor any Affiliate of such a Participant, shall directly or indirectly acquire any interest or right to explore or mine, or both, on any property any part of which is within the Area of Interest for twenty-four (24) months after the effective date of withdrawal. If a withdrawing Participant, or the Affiliate of a withdrawing Participant, breaches this SECTION 12.6, such Participant shall be obligated to offer to convey to the non-withdrawing Participant, without cost, any such property or interest so acquired (or ensure its Affiliate offers to convey the property or interest to the non-withdrawing Participant, if the acquiring party is the withdrawing Participant's Affiliate). Such offer shall be made in writing and can be accepted by the non-withdrawing Participant at any time within ten (10) days after the offer is received by such non-withdrawing Participant. Failure of a Participant's Affiliate to comply with this SECTION 12.6 shall be a breach by such Participant of this Agreement.
Non-Compete Covenants. Should Lessee terminate this agreement, Lessee shall not directly or indirectly acquire any rights, titles or interests to any portion of the Property or within the Area of Interest (AOI), for a period of two (2) year from the date of termination. If Lessee breaches this Section, Lessee shall be obligated and shall within fifteen (15) days of the breach, convey to Owner, without cost, any and all such Property or any and all other rights, titles and interests so acquired by Lessee. Such conveyance shall be made in writing and can be accepted by Owner at any time within ninety (90) days after the offer is delivered and received by Owner. Failure of Lessee to comply with this Section shall be a breach by Lessee of this Agreement, and Owner shall have any and all legal recourse to recoup its losses and damages at Lessee’s sole expense, including but not limited to attorney and legal fees.
Non-Compete Covenants a) Notwithstanding the provisions of Section 2.8, EVERTEC agrees that, without Popular’s, or its relevant Subsidiary’s, prior written consent, it shall not offer, provide or market any of the Restricted Payment Processing Services (as defined below) to any of the Strategic Clients (as defined below). Furthermore, the parties agree that they shall cooperate with each other to provide, offer and market the Restricted Payment Processing Services to Strategic Clients. In the event COMPANY, BPPR, and all of their respective Subsidiaries cease to offer any service included in the definition of “Restricted Payment Processing Services” to any of its Clients, such service shall no longer be included in the list of Restricted Payment Processing Services and EVERTEC shall be permitted to offer such service without any restriction.
Non-Compete Covenants. A list of any written or oral covenants not to compete, non-solicitation covenants and non-disclosure covenants in favor of the Company, or binding upon or against the Company;
Non-Compete Covenants. A Participant that withdraws pursuant to the terms of this Agreement shall not directly or indirectly acquire any interest in property within the Area of Interest for 12 months after the effective date of withdrawal. If a withdrawing Participants, or the Affiliate of a withdrawing Participant, breaches this Section 12.6, such Participant or Affiliate shall be obligated to offer to convey to the non-withdrawing Participants, without cost, any such property or interest so acquired. Such offer shall be made in writing and can be accepted by the non-withdrawing Participants at any time within 45 days after it is received by such non-withdrawing Participants.
Non-Compete Covenants. Neither a Member that resigns pursuant to Section 14.2 of the Operating Agreement, or is deemed to have resigned pursuant to Section 9.4 of the Operating Agreement, or that withdraws or is deemed to have withdrawn pursuant to Section 2.3 of this Agreement, nor any Affiliate of such a Member, shall directly or indirectly acquire any interest or right to explore or mine, or both, on any property any part of which is within the Area of Interest for twelve (12) months after the effective date of resignation. If a resigning Member, or the Affiliate of a resigning Member, breaches this Section, such Member shall be obligated to offer to convey to the non-resigning Members, without cost, any such property or interest so acquired (or ensure its Affiliate offers to convey the property or interest to the non-resigning Members, if the acquiring party is the resigning Member's Affiliate). Such offer shall be made in writing and can be accepted by the non-resigning Members at any time within forty five (45) days after the offer is received by such non-resigning Members. Failure of a Member's Affiliate to comply with this Section shall be a breach by such Member of this Agreement.
Non-Compete Covenants. (a) In consideration of the premises and the mutual covenants contained herein, the Executive shall not during the Restricted Period (as hereinafter defined), in the United States, Canada or any other place where the Company and its affiliates conduct substantial manufacturing operations relating to the Company's businesses, directly or indirectly (except in the Executive's capacity as an officer of the Company or any of its affiliates), (i) engage or participate in any of the Company's principal businesses; (ii) enter the employ of, or render any other services to, any person engaged in any of the Company's principal businesses; or (iii) become interested in any such person in any capacity, including, without limitation, as an individual, partner, shareholder, lender, officer, director, principal, agent, consultant, advisor or trustee; provided, however, that the Executive may own, directly or indirectly, solely as an investment, securities of any person traded on any national securities exchange or listed on the National Association of Securities Dealers Automated Quotation System if the Executive is not a controlling person of, or a member of a group which controls, such person and the Executive does not, directly or indirectly, own five percent (5.0%) or more of any class of equity securities, or securities convertible into or exercisable or exchangeable for five percent (5.0%) or more of any class of equity securities, of such person. As used herein, the "Restricted Period" shall mean a period commencing on the date hereof and terminating upon the first anniversary date of such termination of employment. The Company and the Executive hereby agree that the non-compete obligations contained in this Section 4(a) shall supercede and control over any other similar obligations contained in any other agreements or documents which such other obligations shall have no force or effect.
Non-Compete Covenants. By entering into a non-compete covenant, an employee agrees, usually early in the employment, not to enter into certain forms of competition with the employer for some period of time after employment has ceased. States vary in their treatment of non-compete agreements, though all recognize that, as contracts in restraint of competition, they are subject to limitations in the interest of the public and the restricted individual.29 Covenants that restrain former employees from competing are subject to an extra measure of scrutiny (as compared to non-compete covenants in connection with the sale of a business, for example) in light of the employee’s disad- vantageous bargaining position at the time of contracting and hard- ship at the time of enforcement.30 In the more colorful words of a 28 A few states recognize oral non-compete agreements; the large majority do not. A few states also recognize a form of implied non-compete agreement by way of the doctrine of “inevitable disclosure” of trade secrets in very unusual circumstances. See infra text accompanying notes 38-40. Commentators have been highly skeptical of these implied non-compete agreements. See, e.g., Xxxxxx X. Xxxxx-Xxxxxxx, Bargain- ing for Loyalty in the Information Age: A Reconsideration of the Role of Substantive Fairness in Enforcing Employee Noncompetes, 80 OR. L. REV. 1163, 1170 (2001). 29 These contracts run afoul of the well-established public policy against contracts in restraint of trade, see RESTATEMENT (SECOND) OF CONTRACTS § 186(1) (1981), but they fall into a safe harbor for “reasonable” restraints on competition that are “xxxxx- xxxx to an otherwise valid transaction or relationship.” Id. § 188. 30 See id. § 188 cmt. g (“Postemployment restraints are scrutinized with particular care because they are often the product of unequal bargaining power and because the employee is likely to give scant attention to the hardship he may later suffer through loss of his livelihood.”). The Restatement also suggests that the employer’s interest in turn-of-the-century Georgia court, such covenants “tend to injure the parties making them; diminish their means of procuring livelihoods and a competency for their families; tempt improvident persons . . . and expose them to imposition and oppression.”31 Some observers assume that it is chiefly high-level executives who are asked to sign covenants not to compete; that assumption is bound to color one’s view of the need for legal oversight of these agree...
