Competing With the Company. In the event that, within eighteen (18) months after the date of termination of Employee’s employment with the Company, Employee accepts employment with any competitor of, or otherwise competes with, the Company, the Committee, in its sole discretion, may require Employee to return to the Company the economic value of any Option Shares purchased hereunder by the Employee within the six (6) month period prior to the date of termination or after the date of termination. In such event, Employee agrees to remit the economic value to the Company in accordance with Section 5.3(b).
Competing With the Company. If Employee’s employment with the Company or a Subsidiary is terminated for any reason whatsoever and within 12 months after the date thereof such Employee either (i) accepts employment with any competitor of, or otherwise engages in competition with, the Company or any of its Subsidiaries, (ii) solicits any customers or employees of the Company or any of its Subsidiaries to do business with or render services to the Holder or any business with which the Employee becomes affiliated or to which the Employee renders services or (iii) uses or discloses to anyone outside the Company any confidential information or material of the Company or any of its Subsidiaries in violation of the Company’s policies or any agreement between the Employee and the Company or any of its Subsidiaries, the Committee, in its sole discretion, may require the Employee to return to the Company the economic value of any award that was realized or obtained by such Employee at any time during the period beginning on the date that is 6 months prior to the date such Employee’s employment is terminated; provided, however, that if Employee is a resident of the State of California, such right must be exercised by the Company for cash within six months after the date of termination of Employee’s service to the Company or within six months after exercise of the Option, whichever is later. In such event, Employee agrees to remit the economic value to the Company in accordance with Section 5.5.2.
Competing With the Company. If Employee’s employment with the Company or a Subsidiary is terminated for any reason whatsoever, and within 12 months after the date thereof such Employee either (i) accepts employment with any competitor of, or otherwise engages in competition with, the Company or any of its Subsidiaries, (ii) solicits any customers or employees of the Company or any of its Subsidiaries to do business with or render services to the Employee or any business with which the Employee becomes affiliated or to which the Employee renders services or (iii) uses or discloses to anyone outside the Company any confidential information or material of the Company or any of its Subsidiaries in violation of the Company’s policies or any agreement between the Employee and the Company or any of its Subsidiaries, the Board, in its sole discretion, may require such Employee to return to the Company the economic value of any award that was realized or obtained by such Employee at any time during the period beginning on the date that is six months prior to the date such Employee’s employment with the Company is terminated. In such event, Employee agrees to remit the economic value to the Company in accordance with Section 5.5.2.
Competing With the Company. If Grantee’s employment with the Company or a Subsidiary is terminated for any reason whatsoever and within 12 months after the date thereof such Grantee either (i) accepts employment with any competitor of, or otherwise engages in competition with, the Company or any of its Subsidiaries, (ii) solicits any customers or employees of the Company or any of its Subsidiaries to do business with or render services to the Holder or any business with which the Grantee becomes affiliated or to which the Grantee renders services or (iii) uses or discloses to anyone outside the Company any confidential information or material of the Company or any of its Subsidiaries in violation of the Company’s policies or any agreement between the Grantee and the Company or any of its Subsidiaries, the Committee, in its sole discretion, may require the Grantee to return to the Company the economic value of any award that was realized or obtained by such Grantee at any time during the period beginning on the date that is 6 months prior to the date such Gxxxxxx’s employment is terminated; provided, however, that if Grantee is a resident of the State of California, such right must be exercised by the Company for cash within six months after the date of termination of Grantee’s service to the Company or within six months after exercise of the Option, whichever is later. In such event, Gxxxxxx agrees to remit the economic value to the Company in accordance with Section 4.6.2.
Competing With the Company. In the event that, within six (6) months after the date of termination of Consultant's engagement with the Company, Consultant accepts employment with, or becomes engaged as a consultant by, any competitor of, or otherwise competes with, the Company, the Committee, in its sole discretion, may require such Consultant to return to the Company the economic value of any Option Shares purchased hereunder by the Consultant within the six-month period prior to the date of termination. In such event, Consultant agrees to remit the economic value to the Company in accordance with Section 5.4.2.
Competing With the Company. The Members have formed the Company and entered into this Agreement and become Members with the expectation that one or more of the Managers and one or more Members (or any of their respective Affiliates): (x) would deal with the Company without any restrictions imposed on the ability to compete with the Company, notwithstanding any access a Member may have to Confidential Information of the Company or any position a Member may have with respect to trust and confidence in relation to the Company and its Members; (y) are permitted to, and may presently or in the future, have investments or other business relationships, ventures, agreements or arrangements with entities engaged in the business of the Company, other than through the Company and the subsidiaries of the Company; and (z) are permitted to, and may presently or in the future, have or develop strategic relationships with businesses that are or may be competitive with the Company and the subsidiaries of the Company. Accordingly, no Member is required to refrain from competing with the Company in the conduct of the Company's business before the dissolution of the Company and the Members and the Managers may engage in or possess an interest in other business ventures of every kind and description, independently or with others. The Company will not have any rights in or to such independent ventures or the income or profits therefrom by virtue of this Agreement. Without limiting the generality of the foregoing, any Manager or any Member (or any of their respective Affiliates) may directly or indirectly, without violating the Manager or Member's duty of loyalty. i.
(A) render services or give advice to, or affiliate with (as employee, partner, consultant or otherwise), or (B) directly or through one or more of any of such Member's or Manager'sAffiliates, own, manage, operate, control or participate in the ownership, management, operation or control of, any competitor of the Company or any division or business segment of any competitor of the Company; ii. directly or through one or more of any of such Member's or Manager's Affiliates, solicit or entice, or attempt to solicit or entice, any clients, customers or suppliers of the Company or any subsidiary of the Company for purposes of working with or doing business with a Person other than the Company; and iii. directly or through one or more of any of such Member's or Manager's Affiliates, hire or solicit, or encourage any other Person to hire or solicit,...
Competing With the Company. In the event that, within eighteen (18) months after the date of termination of FAI's employment with the Company, FAI (or any of the FAI employees responsible for the Company's account accepts employment with any competitor of, or otherwise competes with, the Company, the Committee, in its sole discretion, may require Xxxxxx to return to the Company the economic value of any Option Shares purchased hereunder by Xxxxxx within the six (6) month period prior to the date of termination or after the date of termination. In such event, Xxxxxx agrees to remit the economic value to the Company in accordance with Section 5.3(b).
Competing With the Company. If Grantee’s employment with the Company or a Subsidiary is terminated for any reason whatsoever and [Grantee violates any of the provisions of Section __ of the Employment Agreement]10 [within 12 months after the date thereof such Grantee either (i) accepts employment with any competitor of, or otherwise engages in competition with, the Company or any of its Subsidiaries, (ii) solicits any customers or employees of the Company or any of its Subsidiaries to do business with or render services to the Holder or any business with which the Grantee becomes affiliated or to which the Grantee renders services or (iii) uses or discloses to anyone outside the Company any confidential information or material of the Company or any of its Subsidiaries in violation of the Company’s policies or any agreement between the Grantee and the Company or any of its Subsidiaries]11, the Board, in its sole discretion, may require the Grantee to return to the Company the economic value of any award that was realized or obtained by such Grantee at any time during the period beginning on the date that is 6 months prior to the date such Grantee’s employment is terminated; provided, however, that if Grantee is a resident of the State of California, such right must be exercised by the Company for cash within six months after the date of termination of Grantee’s service to the Company or within six months after exercise of the Option, whichever is later. In such event, Grantee agrees to remit the economic value to the Company in accordance with Section 5.5.2. 9 To be included only if the Grantee has an employment or other agreement with a good reason definition. 10 To be included if the Grantee has an employment or other agreement with appropriate noncompetition provisions. 11 To be included for all other employees.
Competing With the Company. If Employee’s employment with the Company or a Subsidiary is terminated for any reason whatsoever and [Employee violates any of the provisions of Section __ of the Employment Agreement]/[within 12 months after the date thereof such Employee either (i) accepts employment with any competitor of, or otherwise engages in competition with, the Company or any of its Subsidiaries, (ii) solicits any customers or employees of the Company or any of its Subsidiaries to do business with or render services to the Holder or any business with which the Employee becomes affiliated or to which the Employee renders services or (iii) uses or discloses to anyone outside the Company any confidential information or material of the Company or any of its Subsidiaries in violation of the Company’s policies or any agreement between the Employee and the Company or any of its Subsidiaries], the Board, in its sole discretion, may require the Employee to return to the Company the economic value of any award that was realized or obtained by such Employee at any time during the period beginning on the date that is 6 months prior to the date such Employee’s employment is terminated; provided, however, that if Employee is a resident of the State of California, such right must be exercised by the Company for cash within six months after the date of termination of Employee’s service to the Company or within six months after exercise of the Option, whichever is later. In such event, Employee agrees to remit the economic value to the Company in accordance with Section 5.5.2.
Competing With the Company. If Consultant violates any of the provisions of Schedule 2 of the Separation Agreement, the Board, in its sole discretion, may require the Consultant to return to the Company the economic value of any award that was realized or obtained by such Consultant at any time during the period beginning on the date that is 6 months prior to the date such Consultant’s employment is terminated and ending on the date of such termination. In such event, Consultant agrees to remit the economic value to the Company in accordance with Section 5.2.1 of this Option Agreement.
