Competition clause. The signing Company commits themselves to during the contractual period or for a period of three (3) years after its termination not to, whether directly or indirectly engage in the development, manufacture, sale or rental of any service or product, that directly or indirectly, compete with or may come to compete with the BASTA system.
Competition clause. The provisions of the employment contract that forbid workers from working with the employer’s competitors are not binding if they are more far-reaching than necessary to protect the company from competition, or if they limit the workers’ freedom of employment in an unfair manner. In either case, each individual case has to be assessed, taking all factors into consideration. Provisions on competition may therefore not be too general in their wording. When assessing how broad competition provisions in an employment contract may be, particularly with regards to scope of applicability and to time limitations, the following aspects must be taken into consideration:
a. The kind of work the employee in question does, e.g. whether he is a key employee or is in direct contact with customers or bears significant responsibilities. There is also the question of the knowledge or information the employee may have about company operations or about its customers.
b. How quickly the employee’s knowledge becomes obsolete and whether reasonable parity is maintained between employees.
c. The kind of operations in question, and whether there are competitors on the market where the company operates and which the employee’s knowledge covers.
d. That the employee’s freedom of employment is not impaired in an unfair manner.
e. That the competition provision is defined and precise for the purpose of protecting specific competition interests.
f. The rewards the employee receives also has an impact,
Competition clause. Your employment contract will not contain a non-competition clause as referred to in Section 7: 653 of the Dutch Civil Code, unless this is necessary due to the nature of the work or local circumstances.
Competition clause. Payments and Creditability of Same;
Competition clause. 3.1 No rights are granted to Lundbeck by this Agreement except for the Territory. Lundbeck shall refer all orders received for delivery of Licensed Product outside the Territory to Centaur. Centaur shall refer all orders received for delivery of Licensed Product within the Territory to Lundbeck.
Competition clause. 1.6.1 After resignation from the Company the President, YORK Refrigeration Group shall not for two years from the date of termination of this contract directly or indirectly engage in or become financially involved in any business world wide that fully or partly competes with the activities of YORK International, the Company, their subsidiaries or associated companies at the time, unless the President, YORK Refrigeration Group obtains the Chief Executive Officer's prior written consent to do so. Similarly the President, YORK Refrigeration Group shall not enter into an agreement for employment with or work for such business, and he shall not join the board of directors of such business nor become a consultant or commissioner to it.
1.6.2 The competition clause does not apply, if the President, YORK Refrigeration Group is dismissed without reasonable grounds, or if he resigns from his position due to breach of his contract on the part of the Company.
1.6.3 Infringement of the competition clause can be met by injunction without bail, and infringement entails payment of liquidated damages corresponding to the total remuneration that would have been paid to the President, YORK Refrigeration Group for a period of 6 months in accordance with item 2.1 of this contract each time such infringement takes place. If the infringement consists of the "maintenance of a condition" that is contrary to the competition clause, this amounts to one infringement per calendar month in which the infringement takes place. Payment of liquidated damages does not cancel the competition clause. If the loss suffered by the YORK Refrigeration Group and/or the Company exceeds the liquidated damages, the President, YORK Refrigeration Group is under an obligation to compensate for this loss.
1.6.4 In respect of this competition clause, the date of termination is the date up to which the President, YORK Refrigeration Group receives remuneration, etc., from the Company, regardless of whether the President, YORK Refrigeration Group has discontinued performing his duties at an earlier date.
Competition clause. Within a period of one year after termination of the employment agreement, the Employee is prohibited to establish, run, co-run a business or have such a business run, either directly or indirectly, as well as to have a financial interest in any form in such a business, to work for same directly or indirectly or in any way whatsoever, either for payment or not, or to have any interest in a business within: • the Orthobiologic Field related to Bone products (which comprises of R&D, Production and/or sales of Calcium phosphate or other biologic and/or synthetic bone products) unless the Employer has given written permission for the Employee to do so. The said permission shall only be given if sufficient security can be obtained that the interests of the Employer shall not be damaged by the aforementioned activities. The Employer will draw up a list of the relevant business relations of the Employer at the end of the employment.
Competition clause. 10.1 During holding the office, the Executive Officer agrees to observe the prohibition of competition to the extent of Section 136 of the Commercial Code, as amended.
10.2 If the Executive Officer intends, besides his office of the Executive Officer, to hold any unpaid office, i. e. a politic or supervisory office, for example, or any other similar authorisation, he is obligated to inform the Company thereof in writing in advance. If he intends to perform a paid activity, an advance approval in writing in the form of a resolution of the general meeting or the decision of a single member is required besides informing the Company.
10.3 The limitations pursuant to the above paragraphs of this article do not apply to the activities of the Executive Officer as a university professor, to scientific activities and activities related to the publishing of technical literature as well as other activities that do not meet the conditions of the prohibition of competition, do not endanger or harm the Company's good reputation and goodwill and do not hinder, for the reason of time, the Executive Officer in the proper holding of his office.
Competition clause. Within one year after the employment of the Member MB is terminated - either on his own initiative or initiated by ABN AMRO-, he will not accept similar employment with an institution that competes with ABN AMRO or the Holding Company, unless with the explicit consent of the Supervisory Board. [GRAPHIC] ABN-AMRO Compensation & Benefits Regulations for the Chairman and Members of the Managing Board ABN AMRO Bank N.V. ------------------------------------------------------------------------------- G1 Applicable Law The C&B Regulations are covered by Dutch law. Any disputes concerning The C&B Regulations, the annexed clauses and the letter of appointment, will initially be referred exclusively to the competent court in Amsterdam. [GRAPHIC] ABN-AMRO Compensation & Benefits Regulations for the Chairman and Members of the Managing Board ABN AMRO Bank N.V. ------------------------------------------------------------------------------- W1 Amendments The Supervisory Board can unilaterally alter the C&B Regulations at all times. Appendix D2 To the pension regulations applicable to participants appointed to Top Executive prior to 1 January 2000.
Competition clause. You are forbidden for 24 months after effective termination of this Contract to compete with Novartis or any of its associated companies in the fields in which you have acquired know-how in the course of your duties at Novartis, either as an employee of another company, through managing a business on your own account, or through involvement in any business that is in competition with Novartis or any of its associated companies. This restraint on competition clause applies to activities that may take place in countries in which Novartis or any of its associated companies are active. If you suffer loss of earnings through having to comply with the restraint on competition clause, Novartis undertakes to compensate this loss by paying monthly installments throughout the period of restraint, up to the amount of the last Annual Base Salary inclusive of the last Short-Term Incentive paid and any statutory allowances. Any social security payments will be deducted from the compensation payment. Entitlement to compensation ends when you reach the official retirement age stipulated in the pension scheme regulations. Novartis may decide to waive the restraint on competition clause at any time. In such cases any entitlement to compensation ends not later than 6 months after notification of this waiver. If you violate the restraint on competition clause, Novartis may not only seek compensation but also demand that the conditions which constituted the breach of contract be rectified.
