Common use of Agreement Not to Divert Resources Clause in Contracts

Agreement Not to Divert Resources. Fibrobeton, Atagençer and NTI each agree that during the term of this Agreement they shall not, directly or indirectly, in any capacity whatsoever, engage in, own, manage, operate, control, act as a consultant to, have a financial interest in, or otherwise participate in the ownership, licensing, management, operation or control of, a business which would impede, substitute, displace or divert Net Sales of Product and/or of Other Agreed Upon Technologies from the Corporation within the Territory. During said term no Party hereto shall in any way, directly or indirectly, divert, take away or interfere with or attempt to divert, take away or interfere with, any of the customers, accounts, suppliers, employees, representatives or patronage of the Corporation. In the event that this Agreement is terminated: (i) because of a material Breach of this Shareholders Joint Venture Agreement by a Party; (ii) because of a material Breach of any Ancillary Agreement by a Party; (iii) upon the bankruptcy or other adverse condition of a Party as described in Article 17 hereof; (iv) pursuant to Article 18 hereof; or (v) upon a Breach of Articles 13, 14 or 15 hereof, then the Party in Breach or subject to such adverse condition shall continue to be bound by the provisions of Articles 13, 14 and 15 of this Shareholders Joint Venture Agreement for a period of three years following the date of termination, but neither Fibrobeton nor Atagençer shall at any time be permitted to use NTI and/or NTI ASEAN Trade Secrets, and NTI and/or NTI ASEAN shall at no time be permitted to use Fibrobeton Trade Secrets, as the case may be, for any activity outside the Corporation, including but not limited to such activities which would have the effect of diverting resources from the Corporation.

Appears in 1 contract

Samples: Shareholders Joint Venture Agreement (Northern Technologies International Corp)

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Agreement Not to Divert Resources. Fibrobeton, Atagençer TIANJIN ZERUST and NTI each ASEAN agree that during the term of this Technical Assistance Agreement they shall not, directly or indirectly, in any capacity whatsoever, engage in, own, manage, operate, control, act as a consultant to, have a financial interest in, or otherwise participate in the ownership, licensing, management, operation or control of, a business which would impede, substitute, displace or divert Net Sales of Product and/or of Other Agreed Upon Technologies from the Corporation within the TerritoryTerritory except through the Corporation in furtherance of the Corporation’s Business. During said term no Party hereto NTI ASEAN shall not in any way, directly or indirectly, divert, take away or interfere with or attempt to divert, take away or interfere with, any of the customers, accounts, suppliers, employees, representatives or patronage of the Corporation. In the event that this Technical Assistance Agreement is terminated: (i) because of a material Breach of this the Shareholders Joint Venture Agreement by a Party; or (ii) because of a material Breach of any Ancillary Agreement by a Party; (iii) upon the bankruptcy or other adverse condition of a Party as described in Article 17 9 hereof; (iv) pursuant to Article 18 10 hereof; or (v) upon a Breach of Articles 13, 14 7 or 15 8 hereof, then the Party in Breach or subject to such adverse condition shall continue to be bound by the provisions of Articles 13, 14 and 15 Article 8 of this Shareholders Joint Venture Technical Assistance Agreement for a period of three years following the date of termination, but neither Fibrobeton nor Atagençer shall at any no time be permitted to use NTI and/or NTI ASEAN Trade Secrets, and NTI and/or NTI ASEAN shall at no time be permitted to use Fibrobeton Trade Secrets, as the case may be, Secrets for any activity outside the Corporation, including but not limited to such activities which would have the effect of diverting resources from the Corporation.

Appears in 1 contract

Samples: Technical Assistance and Marketing Support Agreement (Northern Technologies International Corp)

Agreement Not to Divert Resources. Fibrobeton, Atagençer TIANJIN ZERUST and NTI each ASEAN agree that during the term of this License Agreement they shall not, directly or indirectly, in any capacity whatsoever, engage in, own, manage, operate, control, act as a consultant to, have a financial interest in, or otherwise participate in the ownership, licensing, management, operation or control of, a business which would impede, substitute, displace or divert Net Sales of Product and/or of Other Agreed Upon Technologies from the Corporation within the TerritoryTerritory except through the Corporation in furtherance of the Corporation’s Business. During said term no Party hereto NTI ASEAN shall not in any way, directly or indirectly, divert, take away or interfere with or attempt to divert, take away or interfere with, any of the customers, accounts, suppliers, employees, representatives or patronage of the Corporation. In the event that this License Agreement is terminated: (i) because of a material Breach of this the Shareholders Joint Venture Agreement by a Party; or (ii) because of a material Breach of any Ancillary Agreement by a Party; (iii) upon the bankruptcy or other adverse condition of a Party as described in Article 17 9 hereof; (iv) pursuant to Article 18 10 hereof; or (v) upon a Breach of Articles 13, 14 7 or 15 8 hereof, then the Party in Breach or subject to such adverse condition shall continue to be bound by the provisions of Articles 13, 14 and 15 Article 8 of this Shareholders Joint Venture License Agreement for a period of three years following the date of termination, but neither Fibrobeton nor Atagençer shall at any no time be permitted to use NTI and/or NTI ASEAN Trade Secrets, and NTI and/or NTI ASEAN shall at no time be permitted to use Fibrobeton Trade Secrets, as the case may be, Secrets for any activity outside the Corporation, including but not limited to such activities which would have the effect of diverting resources from the Corporation.

Appears in 1 contract

Samples: License Agreement (Northern Technologies International Corp)

Agreement Not to Divert Resources. Fibrobeton, Atagençer Fibro-NTI and NTI each agree that during the term of this License Agreement they shall not, directly or indirectly, in any capacity whatsoever, engage in, own, manage, operate, control, act as a consultant to, have a financial interest in, or otherwise participate in the ownership, licensing, management, operation or control of, a business which would impede, substitute, displace or divert Net Sales of Product and/or of Other Agreed Upon Technologies from the Corporation within the TerritoryTerritory except through the Corporation in furtherance of the Corporation’s Business. During said term no Party hereto NTI shall not in any way, directly or indirectly, divert, take away or interfere with or attempt to divert, take away or interfere with, any of the customers, accounts, suppliers, employees, representatives or patronage of the Corporation. In the event that this License Agreement is terminated: (i) because of a material Breach of this the Shareholders Joint Venture Agreement by a Party; (ii) because of a material Breach of any Ancillary Agreement by a Party; (iii) upon the bankruptcy or other adverse condition of a Party as described in Article 17 9 hereof; (iv) pursuant to Article 18 10 hereof; or (v) upon a Breach of Articles 13, 14 7 or 15 8 hereof, then the Party in Breach or subject to such adverse condition shall continue to be bound by the provisions of Articles 13, 14 and 15 Article 8 of this Shareholders Joint Venture License Agreement for a period of three years following the date of termination, but neither Fibrobeton nor Atagençer Fibro-NTI shall at any no time be permitted to use NTI and/or NTI ASEAN Trade Secrets, and NTI and/or NTI ASEAN shall at no time be permitted to use Fibrobeton Trade Secrets, as the case may be, Secrets for any activity outside the Corporation, including but not limited to such activities which would have the effect of diverting resources from the Corporation.

Appears in 1 contract

Samples: License Agreement (Northern Technologies International Corp)

Agreement Not to Divert Resources. Fibrobeton, Atagençer Fibrobeton and Fibro-NTI each agree that during the term of this Management Agreement they shall not, directly or indirectly, in any capacity whatsoever, engage in, own, manage, operate, control, act as a consultant to, have a financial interest in, or otherwise participate in the ownership, licensing, management, operation or control of, a business which would impede, substitute, displace or divert Net Sales of Product and/or of Other Agreed Upon Technologies from the Corporation within the TerritoryTerritory except through the Corporation in furtherance of the Corporation’s Business. During said term no Party hereto Fibrobeton shall not in any way, directly or indirectly, divert, take away or interfere with or attempt to divert, take away or interfere with, any of the customers, accounts, suppliers, employees, representatives or patronage of the Corporation. In the event that this Management Agreement is terminated: (i) because of a material Breach of this the Shareholders Joint Venture Agreement by a Party; (ii) because of a material Breach of any Ancillary Agreement by a Party; (iii) upon the bankruptcy or other adverse condition of a Party as described in Article 17 6 hereof; (iv) pursuant to Article 18 7 hereof; or (v) upon a Breach of Articles 13, 14 Article 4 or 15 5 hereof, then the Party in Breach or subject to such adverse condition shall continue to be bound by the provisions of Articles 13, 14 and 15 Article 4 of this Shareholders Joint Venture Management Agreement for a period of three years following the date of termination, but neither Fibrobeton nor Atagençer shall at any time be permitted to use Fibro-NTI and/or NTI ASEAN Trade Secrets, and NTI and/or NTI ASEAN shall at no time be permitted to use Fibrobeton Trade Secrets, as the case may be, for any activity outside the Corporation, including but not limited to such activities which would have the effect of diverting resources from the Corporation.

Appears in 1 contract

Samples: Management Agreement (Northern Technologies International Corp)

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Agreement Not to Divert Resources. Fibrobeton, Atagençer and Fibro-NTI each agree that during the term of this Sales Representation Agreement they shall not, directly or indirectly, in any capacity whatsoever, engage in, own, manage, operate, control, act as a consultant to, have a financial interest in, or otherwise participate in the ownership, licensing, management, operation or control of, a business which would impede, substitute, displace or divert Net Sales of Product and/or of Other Agreed Upon Technologies from the Corporation within the TerritoryTerritory except through the Corporation in furtherance of the Corporation’s Business. During said term no Party hereto Atagençer shall not in any way, directly or indirectly, divert, take away or interfere with or attempt to divert, take away or interfere with, any of the customers, accounts, suppliers, employees, representatives or patronage of the Corporation. In the event that this Sales Representation Agreement is terminated: (i) because of a material Breach of this the Shareholders Joint Venture Agreement by a Party; (ii) because of a material Breach of any Ancillary Agreement by a Party; (iii) upon the bankruptcy or other adverse condition of a Party as described in Article 17 5 hereof; (iv) pursuant to Article 18 6 hereof; or (v) upon a Breach of Articles 13, 14 or 15 Article 4 hereof, then the Party in Breach or subject to such adverse condition shall continue to be bound by the provisions of Articles 13, 14 and 15 Article 4 of this Shareholders Joint Venture Sales Representation Agreement for a period of three years following the date of termination, but neither Fibrobeton nor Atagençer shall at any time be permitted to use NTI and/or NTI ASEAN Trade Secrets, and NTI and/or NTI ASEAN shall at no time be permitted to use Fibrobeton any confidential information learned through or about Fibro-NTI Trade Secrets, as the case may be, for any activity outside the Corporation, including but not limited to such activities which would have the effect of diverting resources from the Corporation.

Appears in 1 contract

Samples: Sales Representation Agreement (Northern Technologies International Corp)

Agreement Not to Divert Resources. Fibrobeton, Atagençer and NTI each agree that during During the term of this Agreement they the Parties shall not, directly or indirectly, in any capacity whatsoever, engage in, own, manage, operate, control, act as a consultant to, have a financial interest in, or otherwise participate in the ownership, licensing, management, operation or control of, a business which would impede, substitute, displace or divert Net Sales from the Company arising from the commercial exploitation of Product and/or of the Polymer Recycling Technology and any Other Agreed Upon Technologies from the Corporation within the TerritoryTerritory except through the Company in furtherance of the Business. During said term no Party hereto shall in any way, directly or indirectly, divert, take away or interfere with or attempt to divert, take away or interfere with, any of the customers, accounts, suppliers, employees, representatives or patronage of the CorporationCompany. In the event that this Agreement is terminated: (i) because of a material Breach breach of this Shareholders Joint Venture Agreement by a Party; (ii) because of a material Breach breach of any Ancillary Agreement by a Party; (iii) upon the bankruptcy or other adverse condition of a Party as described in Article 17 hereof; (iv) pursuant to Article 18 hereof; or (v) upon a Breach breach of Articles 13, 14 or 15 hereof, then the Party in Breach breach or subject to such adverse condition shall continue to be bound by the provisions of Articles 13, 14 and 15 of this Shareholders Joint Venture Agreement for a period of three (3) years following the date of termination, but neither Fibrobeton nor Atagençer shall at any time be permitted to use NTI and/or NTI ASEAN Trade Secrets, and NTI and/or NTI ASEAN such Party shall at no time be permitted to use Fibrobeton the Company Trade Secrets, and the other Parties shall at no time be permitted to use the Shareholder Trade Secrets of the Party in breach, as the case may be, for any activity outside the CorporationCompany, including but not limited to such activities which would have the effect of diverting resources from the CorporationCompany.

Appears in 1 contract

Samples: Joint Venture Agreement (Northern Technologies International Corp)

Agreement Not to Divert Resources. Fibrobeton, Atagençer Fibro-NTI and NTI each agree that during the term of this Technical Assistance Agreement they shall not, directly or indirectly, in any capacity whatsoever, engage in, own, manage, operate, control, act as a consultant to, have a financial interest in, or otherwise participate in the ownership, licensing, management, operation or control of, a business which would impede, substitute, displace or divert Net Sales of Product and/or of Other Agreed Upon Technologies from the Corporation within the TerritoryTerritory except through the Corporation in furtherance of the Corporation’s Business. During said term no Party hereto NTI shall not in any way, directly or indirectly, divert, take away or interfere with or attempt to divert, take away or interfere with, any of the customers, accounts, suppliers, employees, representatives or patronage of the Corporation. In the event that this Technical Assistance Agreement is terminated: (i) because of a material Breach of this the Shareholders Joint Venture Agreement by a Party; (ii) because of a material Breach of any Ancillary Agreement by a Party; (iii) upon the bankruptcy or other adverse condition of a Party as described in Article 17 9 hereof; (iv) pursuant to Article 18 10 hereof; or (v) upon a Breach of Articles 13, 14 7 or 15 8 hereof, then the Party in Breach or subject to such adverse condition shall continue to be bound by the provisions of Articles 13, 14 and 15 of this Shareholders Joint Venture Agreement Article 8 for a period of three years following the date of termination, but neither Fibrobeton nor Atagençer Fibro-NTI shall at any no time be permitted to use NTI and/or NTI ASEAN Trade Secrets, and NTI and/or NTI ASEAN shall at no time be permitted to use Fibrobeton Trade Secrets, as the case may be, Secrets for any activity outside the Corporation, including but not limited to such activities which would have the effect of diverting resources from the Corporation.

Appears in 1 contract

Samples: Technical Assistance And (Northern Technologies International Corp)

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