Competition clause Clause Samples
A competition clause is a contractual provision that restricts one or both parties from engaging in business activities that directly compete with the other party during or after the term of the agreement. Typically, this clause may prohibit an employee from working for a competitor or starting a similar business within a certain geographic area and for a specified period after leaving a company. Its core practical function is to protect the legitimate business interests of a party, such as trade secrets or customer relationships, by preventing unfair competition.
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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. 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. 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. 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. 5.1 Neither Usus nor its direct or indirect shareholder shall, during the period from the effective date of the Agreement until five years after the termination of the Agreement, conduct any activity, direct or indirect, by means of a legal entity or otherwise, alone or in cooperation with others, within the Benelux, which in any manner could be in competition with the activities of Mutarestes, other than activities with regard to having pharmacies. Neither Usus nor its direct or indirect shareholder shall make any
Competition clause. 12.1 During the employment relationship, the Employee shall not engage in any other employment, occupation, consulting or other business activity directly or indirectly related to the business in which a Group Company is now involved or becomes involved during the term of the employment relationship and the Employee shall not engage in any other business activities that conflict with his obligations to the Company.
12.2 The Employee shall not, during the employment relationship and for a further period of twelve (12) months following the Termination Date, directly or indirectly, for the Employee or others, own, manage, operate, control, be employed by (whether in an executive, managerial, supervisory, or other capacity), consult, or contract with, assist, or otherwise engage or participate in, or allow the Employee's skill, knowledge, experience, or reputation to be used in connection with the ownership, management, operation, or control of, any company or other business enterprise engaged in the business of creating, financing or acquiring, investing in, owning, and/or managing precious metals royalties, precious metals streams, and similar interests involving mineral properties, whether alone or in connection with any other business (collectively, the "Subject Business") within (1) the continents of North, Central and South America, Africa, Europe and/or Australia, (2) South Asia, or (3) any other location where the Employee's use or disclosure of confidential information or intellectual property (if done so in breach of the Employee's obligations under this Employment Contract, Company policy, or separate agreement entered into between the Parties) could materially disadvantage a Group Company regardless of the Employee's physical location (collectively, the "Subject Areas"); provided, however, that nothing in this Clause 12.2 shall prohibit the Employee from making passive investments as long as the Employee does not beneficially own (within the meaning of Rule 13d-3 under the United States Securities Exchange Act of 1934, as amended) more than one percent (1%) of the equity interests of a business enterprise engaged in the Subject Business within any of the Subject Areas, which enterprise is listed on a national securities exchange or publicly traded on a nationally recognized over-the-counter market.
12.3 The Employee shall not, during the employment relationship and for a further period of twelve (12) months following the Termination Date, solicit, ...
Competition clause. Payments and Creditability of Same;
Competition clause. The Chief Executive is, both during his period of employment and later, obliged to refrain from taking up employment in, providing consultancy for (regardless of whether or not remuneration is given for the services), start up or participate in enterprises either alone or with others, or own shares in an enterprise or business that totally or in part competes with the core activities of the Company or subsidiaries owned by the Company.
1. The board may at any given time during the competition ban period waive its right according to this clause. On the written request of the Chief Executive, the board is obliged to take a decision on a concrete request to waive the ban on competition. The board's decision will be presented as soon as possible and within four weeks at the latest after the board has received the necessary information. If the board rejects the Chief Executive's request, the board cannot waiver the competition ban until three months have passed since the rejection was given, unless the parties agree otherwise. To the extent that the Chief Executive does not receive a pension or pay after termination of employment in accordance with clause 7.1, he has the right to remuneration equivalent to the amount of salary according to clause 3.1 at the date of termination until the board should waive the competition ban or the two-year time limit expires. Clause 7.2 of the contract is similarly applied. Deductions of 50 per cent are made for other gross income (income from employment or self-employment, hereunder board remuneration) which the Chief Executive earns in the same period. Any payments from the Statoil group are deductible krone for krone.
Competition clause. 11.1 Except as concerns Biolid, the Seller undertakes for a period of five years from the Signing Day not to begin, work of or in any other manner by directly or indirectly interested in any sort of marketing and sale of any product which for the last five years prior to Signing Day has been marketed or sold by the Company. In event of the Seller's violation of this competition clause, a penalty in the amount of FRF 500,000 shall be imposed of the Seller each time a violation takes place. Payment of the penalty does not terminate this competition clause. In addition, the Buyer shall be entitled to damages for any loss sustained by the violation.
11.2 Moreover, the Buyer shall be entitled to request a court injunction without having to pay a deposit against the Seller's violation of the competition clause.
Competition clause. During the term of the lease agreement the Lessor shall not lease any space at the administrative building ▇▇ ▇▇▇▇ ▇▇▇. ▇ ▇▇ ▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇▇▇ v.d.H. to third parties whose products stand in direct competition with the products of the Lessee.
