Competition and Confidentiality. 4.1. The Distributor is allowed to sell other merchandise and services that do not compete with the product range of ENAGIC. However, it is prohibited to present or advertise these products together with the ENAGIC product line. Furthermore, the Distributor shall inform the ENAGIC Management in writing about additional selling activities.
Competition and Confidentiality. (a) During the period beginning on the Closing Date and ending on the third anniversary thereof (the "Non-Competition Period"), no Seller Party (nor any direct or indirect subsidiary thereof) nor any Affiliate of Bertolon (each, a "Restricted Party") shall, within North America, directly or indirectly, in any capacity, render services, engage or have a financial interest in, any business that shall be competitive with any of those business activities that have constituted part of the Business at any time during the past 12 months from the date hereof, nor shall any Restricted Party assist any Person that shall be engaged in any such business activities, including making available any information or funding to any such Person. During the Non-Competition Period, no Restricted Party shall solicit any employee of the Business for the purposes of having any such employee terminate his or her employment with the Business. If a court determines that the foregoing restrictions are too broad or otherwise unreasonable under applicable Law, including with respect to time or space, the court is hereby requested and authorized by the Parties to revise the foregoing restriction to include the maximum restrictions allowable under applicable Law. Each Restricted Party acknowledges, however, that this SECTION 6.5 has been negotiated by the Parties and that the geographical and time limitations, as well as the limitation on activities, are reasonable in light of the circumstances pertaining to the Business. For purposes of this Section 6.5, the historical and current business activities of NECX Direct, LLC shall not be deemed to be a business that is competitive with any business activities that have constituted a part of the Business at any time during the past 12 months from the date hereof. Nothing in this Agreement shall be deemed to prohibit, or in any way limit, NECX Direct, LLC from engaging in those business activities in which it was engaged as of the date hereof. In addition, in no event shall Gateway Companies, Inc. or any of its subsidiaries be deemed to be subject to, or in any way bound by, the provisions of this Agreement.
Competition and Confidentiality. 10.1. The Company hereby accepts, declares and undertakes that IAS Group products, codes and all ideas, all kinds of technologies, methods, algorithms related to the products and services marketed or used, the budget, sales figures, product prices, profitability, customer lists, management style of the parties, formulas, processes and concepts used or related to the development of these products and codes, all future updates, upgrades and all other improvements, revisions, fixes, bug fixes, quick-fixes, patches, modifications, extensions, releases, DATs, signature sets, upgrades, and policy and database updates and/or other updates regarding these, all studies, without being limited to those mentioned above, are the confidential information of IAS.
Competition and Confidentiality. (a) If, during the Employment Term (or any extension thereof), the employment of the Executive is terminated pursuant to Section 7(a) or the Executive voluntarily terminates his employment pursuant to Section 7(d), or if the Company elects not renew this Agreement after the first automatic renewal referred to in Section 5(b) (subject to the Company's right to terminate for Due Cause) for one year from the date of such termination, the Executive shall not, without the prior written consent of the Board (which consent shall not be unreasonably withheld), with respect to the States of Texas, Oklahoma, Kansas, Missouri, Ohio, Idaho and any other state in which the Company owns, leases or operates motion picture theaters at the time of termination, (i) accept employment or render service to any person, firm or corporation that is engaged in a business directly competitive with the business then engaged in by the Company in such states or (ii) directly or indirectly enter into or in any manner take part in or lend his name, counsel or assistance to any venture, enterprise, business or endeavor, either as proprietor, principal, investor, partner, director, officer, employee, consultant, advisor, agent, independent contractor, or in any other capacity whatsoever, for any purpose that would be competitive with the business of the Company in such states.
Competition and Confidentiality. (a) If, during the Employment Term (or any extension thereof), the employment of the Employee is terminated pursuant to Section 6(a) or Section 6(e), or if the Employee voluntarily terminates his employment pursuant to Section 6(d), or if this Agreement expires pursuant to its terms, then for the period of time remaining in the Employment Term, the Employee shall not (i) accept employment with or render service to any person, firm or corporation that is engaged in a business directly competitive with the plumbing, heating, air conditioning or electrical business of the Corporation, (ii) directly or indirectly own manage, operate, finance or control or participate in the ownership, management, operation or control of, or be connected as a principal, agent, representative, consultant, advisor, investor, owner, partner, financier, manager or joint venturer with, or permit his name to be used by or in connection with, any business or enterprise directly competitive with the residential service business of the Corporation (provided, however, that the Employee may invest as an investor in the voting securities of any person that is a reporting company under the Securities Exchange Act of 1934, as amended, so long as (A) the aggregate amount of such securities that the Employee owns directly or indirectly is less than five percent of the total outstanding voting securities of such person and (B) the Employee has no other affiliation with such person), or (iii) solicit the employment of any person who, within six months before or after the date of the Employee's termination, is employed by the Corporation on a full or part-time basis. For the purposes of this Section 5, the Corporation shall be deemed to include all of the subsidiaries of the Corporation.
Competition and Confidentiality. (a) The Seller Parties acknowledge and agree that the Seller is selling all of the Purchased Assets, and that the Business offers products and services throughout North America. Accordingly, during the period beginning on the Closing Date and ending on the fifth anniversary of the Closing Date (the “Non-Competition Period”), neither the Seller Parties nor any Affiliate thereof (each, a “Restricted Party”) shall, within North America, directly or indirectly, in any capacity, render services, engage, or have a financial interest in (including as a shareholder, member, partner, owner, lender, creditor, or similar capacity), any business or enterprise which is engaged, directly or indirectly, anywhere in North America in the provision of nurse staffing and related consulting services (the “Restricted Business”), nor shall any Restricted Party assist any Person, or have a business affiliation with any Person, that shall be engaged in any such business activities, including making available any information or funding to any such Person. During the Non-Competition Period, no Restricted Party shall (i) hire or solicit any employee of the Restricted Business for the purposes of having any such employee terminate his or her employment with the Restricted Business, or (ii) solicit any customer or supplier of the Restricted Business (or any prospective customer or supplier) for the purposes of having any such customer or supplier terminate its relationship with the Restricted Business or for purposes of competing with the Restricted Business. In addition, during the Non-Competition Period, each Restricted Party shall immediately inform any Person that makes a business-related inquiry about the Business that the Business has been sold to the Buyer, and such Restricted Party shall promptly inform the Buyer of such inquiry. If any Governmental Body determines that the foregoing restrictions are too broad or otherwise unreasonable under applicable Law, including with respect to time or geographical scope, such Governmental Body is hereby requested and authorized by the Parties to revise the foregoing restriction to include the maximum restrictions allowable under applicable Law. Each Restricted Party acknowledges, however, that this Section 6.2 has been negotiated by the Parties and that the geographical scope and time limitations, as well as the limitation on activities, are reasonable in light of the circumstances pertaining to the Business.
Competition and Confidentiality. 8.1. The company hereby accepts, declares and undertakes that IAS Group products, codes and all ideas, methods, algorithms, formulas, processes and concepts used or related to the development of these products and codes, all future updates, upgrades and all other improvements, revisions, fixes, bug fixes, quick-fixes, patches, modifications, extensions, releases, DATs, signature sets, upgrades, and policy and database updates and/or other updates regarding these, all studies, without being limited to those mentioned above, are confidential information of IAS.
Competition and Confidentiality. Executive agrees to sign and understands that his or her employment as an Executive is contingent on signing and returning to the Company the Proprietary Information, Inventions, Confidentiality and Competition Agreement (the “Proprietary Information Agreement”) attached hereto as Exhibit A concurrently with the execution of this Agreement. The parties agree that the obligations set forth in the Proprietary Information Agreement shall survive termination of this Agreement and termination of the Executive’s employment, regardless of the reason for such termination.
Competition and Confidentiality. 5.1 Member may engage in any other business, whether or not the same or similar to the business of the Company, and whether or not such other business is competitive with the Company. The Company shall have no rights in the income or profits of that business.
Competition and Confidentiality. 5.1 Member and Special Member may engage in any other business, whether or not the same or similar to the business of the Company, and whether or not such other business is competitive with the Company. The Company shall have no rights in the income or profits of that business.
