Competition Confidentiality Nonsolicitation. (i) Subject to Section 6.1(ii), the Executive hereby covenants and agrees that during the Term and for one year following the Term he will not, without the prior written consent of the Company, engage in Competition (as defined below) with the Company. For purposes of this Agreement, if the Executive takes any of the following actions he will be engaged in "Competition": engaging in or carrying on, directly or indirectly, any enterprise, whether as an advisor, principal, agent, partner, officer, director, employee, stockholder, associate or consultant to any person, partnership, corporation or any other business entity, that is principally engaged in the business of refining and/or marketing oil or related products in States or Provinces in which the Company (or any division or segment thereof) has operations; provided, however, that "Competition" will not include (a) the mere ownership of securities in any enterprise and exercise of rights appurtenant thereto or (b) participation in management of any enterprise or business operation thereof other than in connection with the competitive operation of such enterprise.
Competition Confidentiality Nonsolicitation. (i) Subject to Section 6.1(i), the Executive hereby covenants and agrees that during the Employment Term and for one year following the Employment Term he will not, without the prior written consent of the Company, engage in Competition (as defined below) with the Company. For purposes of this Agreement, if the Executive takes any of the following actions he will be engaged in "Competition": engaging in or carrying on, directly or indirectly, any enterprise, whether as an advisor, principal, agent, partner, officer, director, employee, stockholder, associate or consultant to any person, partnership, corporation or any other business entity, that is principally engaged in the business of the generation, purchase, transmission, distribution or sale of electricity, the provision of natural gas or the supplying of water services, in each case to customer segments being served or pursued in its business plans by the Company or its Subsidiaries, in States in which the Company or its Subsidiaries has significant operations; provided, however, that "Competition" will not include (a) the mere ownership of securities in any enterprise and exercise of rights appurtenant thereto or (b) participation in management of any enterprise or business operation thereof other than in connection with the competitive operation of such enterprise. For purposes of applying the preceding sentence, operations of the Company or its Subsidiaries in the State of California will be deemed not to be significant if they are not materially greater than the operations in the aggregate of Nevada Power and the Company and their respective Subsidiaries in the State of California as of the date of this Agreement.
Competition Confidentiality Nonsolicitation. 5.1 The Executive hereby covenants and agrees that during the Employment Term and for the applicable period following the Employment Term specified in Section 3.3(ii)(a) or (b), whichever would be applicable if Section 3.3(ii) applied (regardless of whether the Executive's termination of employment was for cause or otherwise), he will not, without the prior written consent of the Company, engage in Competition (as defined below) with the Company. Notwithstanding the foregoing, in the event that the Executive voluntarily terminates his employment with the Company, the Non-Competition period provided for herein will end on the later of (a) the second anniversary of the Closing Date and (b) the six month anniversary of the termination date. For purposes of this Agreement, "Competition" means participating in the management of any business enterprise if such enterprise engages in substantial and direct competition with the Company and such enterprise's sales of any product or service competitive with any product or service of the Company amounted to 25% of such enterprise's net sales for its most recently completed fiscal year and if the Company's net sales of said product or service amounted to 25% of the Company's net sales for its most recently completed fiscal year. "Competition" will not include (i) the mere ownership of securities in any enterprise and exercise of rights appurtenant thereto or (ii) participation in management of any enterprise or business operation thereof other than in connection with the competitive operation of such enterprise.
Competition Confidentiality Nonsolicitation. (i) Subject to Section 6.1(ii), the Executive hereby covenants and agrees that during the Term and for one year following the Term he will not, without the prior written consent of the Company, engage in Competition (as defined below) with the Company. For purposes of this Agreement, if the Executive takes any of the following actions he will be engaged in "Competition" engaging in or carrying on, directly or indirectly, any enterprise, whether as an advisor, principal, agent, partner, officer, director, employee, stockholder, associate or consultant to any person, partnership, corporation or any other business entity, that is principally engaged in the business of refining and/or marketing oil or related products within the territory of the Province of Quebec; provided, however, that "Competition" will not include (a) the mere ownership of securities in any enterprise and exercise of rights appurtenant thereto or (b) participation in management of any enterprise or business operation thereof other than in connection with the competitive operation of such enterprise.
(ii) Subject to Section 6.1(ii), the Executive hereby covenants and agrees that during the Term and for three years following the Term he will not assist a third party in preparing or making an unsolicited bid for the Company, engaging in a proxy contest with the Company, or engaging in any other similar activity.
9.2. During the Term, the Company agrees that it will disclose to Executive its confidential or proprietary information (as defined in this Section 9.2) to the extent necessary for Executive to carry out his obligations under this Agreement. Subject to Section 6.1(ii), the Executive hereby covenants and agrees that he will not, without the prior written consent of the Company, during the Term or thereafter disclose to any person not employed by the Company, or use in connection with engaging in Competition with the Company, any confidential or proprietary information of the Company. For purposes of this Agreement, the term "confidential or proprietary information" will include all information of any nature and in any form that .is owned by the Company and that is not publicly available or generally known to persons engaged in businesses similar or related to those of the Company. Confidential information will include, without limitation, the Company's financial matters, customers, employees, industry contracts, and all other secrets and all other information of a confidential or prop...
Competition Confidentiality Nonsolicitation. 5.1. The Executive hereby covenants and agrees that during the Employment Term and for the applicable period following the Employment Term specified in Section 3.3(ii)(a) or (b), whichever would be applicable if Section 3.3(ii) applied (regardless of whether the Executive's termination of employment was for cause or otherwise), he will not, without the prior written consent of the Company, engage in Competition (as defined
Competition Confidentiality Nonsolicitation. (i) Subject to Section 6.1(i), the Executive hereby covenants and agrees that during the Employment Term and for one year following the Employment Term he will not, without the prior written consent of the Company, engage in Competition (as defined below) with the Company. For purposes of this Agreement, if the Executive takes any of the following actions he will be engaged in "Competition": engaging in or carrying on, directly or indirectly, any enterprise, whether as an advisor, principal, agent, partner, officer, director, employee, stockholder, associate or consultant to any person, partnership, corporation or any other business entity, that is principally engaged in the business of the generation, purchase, transmission, distribution or sale of electricity, the provision of natural gas or the supplying of water services, in each case to customer segments being served or pursued in its business plans by the Company or its Subsidiaries, in States in which the Company or its Subsidiaries has significant operations; provided,
Competition Confidentiality Nonsolicitation. (i) Subject to Section 6.1(ii), the Executive hereby covenants and agrees that during the Term and for one year following the Term he will not, without the prior written consent of the Company, engage in Competition (as defined below) with the Company. For purposes of this Agreement, if the Executive takes any of the following actions he will be engaged in "Competition": engaging in or carrying on, directly or indirectly, any enterprise, whether as an advisor, principal, agent, partner, officer, director, employee, stockholder, associate or consultant to any person, partnership, corporation or any other business entity, that is principally engaged in the business of refining and/or marketing oil or related products in States in which the Company has significant operations; provided, however, that "competition" will not include (a) the mere ownership of securities in any enterprise and exercise of rights appurtenant thereto or (b) participation in management of any enterprise or business operation thereof other than in connection with the competitive operation of such enterprise.
Competition Confidentiality Nonsolicitation. 6.1 Subject to Section 4.1(c), the Executive hereby covenants and agrees that during the Term and for one year following the Term he will not, without the prior written consent of the Board, engage in Competition (as defined below) with the Company. The foregoing covenant, however, will not apply during the period following the Executive's termination of employment if his employment is terminated by the Company for reasons other than Cause. For purposes of this Agreement, if the Executive takes any of the following actions he will be engaged in "Competition": engaging in or carrying on, directly or indirectly, any enterprise, whether as an advisor, principal, agent, partner, officer, director, employee, stockholder, associate or consultant to any person, partnership, corporation or any other business entity that is principally engaged in the business of the Company and its Subsidiaries in their market areas; provided, however, that "Competition" will not include the mere ownership of 1% or less of the outstanding securities in any enterprise and exercise of rights appurtenant thereto.
Competition Confidentiality Nonsolicitation. 9.1 Subject to Section 6.1(d), the Executive hereby covenants and agrees that during the Employment Term and for one year following the Employment Term he will not, without the prior written consent of the Board, engage in Competition (as defined below) with
Competition Confidentiality Nonsolicitation
