Common use of Competition During Employment Clause in Contracts

Competition During Employment. Employee agrees that during the term of his employment with Employer, neither he nor any of his Affiliates (Employee’s Affiliates is defined as any legal entity in which Employee owns, controls, holds a financial interest in or is the beneficiary of) will directly or indirectly compete with Employer or its Affiliates in any way in any business in which Employer or its Affiliates is engaged or intends to engage, and that he will not act as an officer, director, employee, consultant, shareholder, lender, or agent of any entity which is engaged in any business of the same nature as, or in competition with, the businesses in which Employer and its Affiliates are now engaged or in which Employer or its Affiliates become engaged during the term of employment; provided, however, that this Section 10(a) shall not prohibit Employee or any of his Affiliates from purchasing or holding an aggregate equity interest of up to 10% in any publicly traded business in competition with Employer and its Affiliates, so long as Employee and his Affiliates combined do not purchase or hold an aggregate equity interest of more than 10%. Furthermore, Employee agrees that during the term of employment, he will not accept any board of director seat or undertake any planning for the organization of any business activity competitive with Employer and Employee will not combine or conspire with any other employees of Employer and its Affiliates for the purpose of the organization of any such competitive business activity.

Competition During Employment. Employee agrees that during the term of his employment with Employer, neither he nor any of his Affiliates (Employee’s Affiliates is defined as any legal entity in which Employee owns, controls, holds a financial interest in or is the beneficiary of) will directly or indirectly compete with Employer or its Affiliates in any way in any business in which Employer or its Affiliates is engaged or intends to engage, and that he will not act as an officer, director, employee, consultant, shareholder, lender, or agent of any entity which is engaged in any business of the same nature as, or in competition with, the businesses in which Employer and its Affiliates are now engaged or in which Employer or its Affiliates become engaged during the term of employment; provided, however, that this Section 10(a) shall not prohibit Employee or any of his Affiliates from purchasing or holding an aggregate equity interest of up to 10% in any publicly traded business in competition with Employer and its Affiliates, so long as Employee and his Affiliates combined do not purchase or hold an aggregate equity interest of more than 10%. Furthermore, Employee agrees that during the term of employment, he will not accept any board of director seat or officer role or undertake any planning for the organization of any business activity competitive with Employer and Employee will not combine or conspire with any other employees of Employer and its Affiliates for the purpose of the organization of any such competitive business activity.

Competition During Employment. Employee agrees that during the term of his her employment with Employerthe Company, neither he she nor any of his her Affiliates (Employee’s Affiliates is defined as any legal entity in which Employee owns, controls, holds a financial interest in directly or is the beneficiary ofindirectly owns an interest) will directly or indirectly compete with Employer or its Affiliates the Company in any way in any business in which Employer the Company or its Affiliates is engaged or intends to engagein, and that he will not act as an officer, director, employee, consultant, shareholder, lender, or agent of any entity which is engaged in any business of the same nature as, or in competition with, with the businesses in which Employer and its Affiliates are the Company is now engaged or in which Employer or its Affiliates become the Company becomes engaged during the term of employment; provided, however, that this Section 10(a12(a) shall not prohibit Employee or any of his her Affiliates from purchasing or holding an aggregate equity interest of up to 10% in any publicly traded business in competition with Employer and its Affiliatesthe Company, so long as Employee and his her Affiliates combined do not purchase or hold an aggregate equity interest of more than 10%. Furthermore, Employee agrees that during the term of employment, he will not accept any board of director seat or officer role or undertake any planning for the organization of any business activity competitive with Employer the Company and Employee will not combine or conspire with any other employees of Employer and its Affiliates the Company for the purpose of the organization of any such competitive business activity.

Competition During Employment. Employee agrees that during the term of his employment with Employerthe Company, neither he nor any of his Affiliates (Employee’s Affiliates is defined as any legal entity in which Employee owns, controls, holds directly or indirectly owns at least a financial interest in or is the beneficiary of25% interest) will directly or indirectly compete with Employer or its Affiliates the Company in any way in any business in which Employer the Company or its Affiliates is engaged or intends to engagein, and that he will not act as an officer, director, employee, consultant, shareholder, lender, or agent of any entity which is engaged in any business of the same nature as, or in competition with, with the businesses in which Employer and its Affiliates are the Company is now engaged or in which Employer or its Affiliates become the Company becomes engaged during the term of employment; provided, however, that this Section 10(a12(a) shall not prohibit Employee or any of his Affiliates from purchasing or holding an aggregate equity interest of up to 10% in any publicly traded business in competition with Employer and its Affiliatesthe Company, so long as Employee and his Affiliates combined do not purchase or hold an aggregate equity interest of more than 10%. Furthermore, Employee agrees that during the term of employment, he will not accept any board of director seat or officer role or undertake any planning for the organization of any business activity competitive with Employer the Company and Employee will not combine or conspire with any other employees of Employer and its Affiliates the Company for the purpose of the organization of any such competitive business activity.

Competition During Employment. Employee agrees that during the term of his employment with Employerthe Company, neither he nor any of his Affiliates (Employee’s Affiliates is defined as any legal entity in which Employee owns, controls, holds directly or indirectly owns at least a financial interest in or is the beneficiary of25% interest) will directly or indirectly compete with Employer or its Affiliates the Company in any way in any business in which Employer the Company or its Affiliates is engaged or intends to engagein, and that he will not act as an officer, director, employee, consultant, shareholder, lender, or agent of any entity which is engaged in any business of the same nature as, or in competition with, with the businesses in which Employer and its Affiliates are the Company is now engaged or in which Employer or its Affiliates become the Company becomes engaged during the term of employment; provided, however, that this Section 10(a12(a) shall not prohibit Employee or any of his Affiliates from purchasing or holding an aggregate equity interest of up to 10% in any publicly traded business in competition with Employer and its Affiliatesthe Company, so long as Employee and his her Affiliates combined do not purchase or hold an aggregate equity interest of more than 10%. Furthermore, Employee agrees that during the term of employment, he will not accept any board of director seat or officer role or undertake any planning for the organization of any business activity competitive with Employer the Company and Employee will not combine or conspire with any other employees of Employer and its Affiliates the Company for the purpose of the organization of any such competitive business activity.

Competition During Employment. Employee agrees that during the term of his employment with Employer, neither he nor any of his Affiliates (Employee’s Affiliates is defined as any legal entity in which Employee owns, controls, holds directly or indirectly owns at least a financial interest in or is the beneficiary of25% interest) will directly or indirectly compete with Employer or its Affiliates in any way in any business in which Employer or its Affiliates is engaged or intends to engagein, and that he will not act as an officer, director, employee, consultant, shareholder, lender, or agent of any entity which is engaged in any business of the same nature as, or in competition with, with the businesses in which Employer and its Affiliates are now engaged or in which Employer or its Affiliates become engaged during the term of employment; provided, however, that this Section 10(a) shall not prohibit Employee or any of his Affiliates from purchasing or holding an aggregate equity interest of up to 10% in any publicly traded business in competition with Employer and its Affiliates, so long as Employee and his Affiliates combined do not purchase or hold an aggregate equity interest of more than 10%. Furthermore, Employee agrees that during the term of employment, he will not accept any board of director seat or officer role or undertake any planning for the organization of any business activity competitive with Employer and Employee will not combine or conspire with any other employees of Employer and its Affiliates for the purpose of the organization of any such competitive business activity.

Competition During Employment. Employee agrees that during the term of his her employment with Employerthe Company, neither he she nor any of his her Affiliates (Employee’s Affiliates is defined as any legal entity in which Employee owns, controls, holds directly or indirectly owns at least a financial interest in or is the beneficiary of25% interest) will directly or indirectly compete with Employer or its Affiliates the Company in any way in any business in which Employer the Company or its Affiliates is engaged or intends to engagein, and that he will not act as an officer, director, employee, consultant, shareholder, lender, or agent of any entity which is engaged in any business of the same nature as, or in competition with, with the businesses in which Employer and its Affiliates are the Company is now engaged or in which Employer or its Affiliates become the Company becomes engaged during the term of employment; provided, however, that this Section 10(a12(a) shall not prohibit Employee or any of his her Affiliates from purchasing or holding an aggregate equity interest of up to 10% in any publicly traded business in competition with Employer and its Affiliatesthe Company, so long as Employee and his her Affiliates combined do not purchase or hold an aggregate equity interest of more than 10%. Furthermore, Employee agrees that during the term of employment, he will not accept any board of director seat or officer role or undertake any planning for the organization of any business activity competitive with Employer the Company and Employee will not combine or conspire with any other employees of Employer and its Affiliates the Company for the purpose of the organization of any such competitive business activity.

Competition During Employment. Employee agrees that during the term of his her employment with Employerthe Company, neither he she nor any of his her Affiliates (Employee’s Affiliates is defined as any legal entity in which Employee owns, controls, holds a financial interest in directly or is the beneficiary ofindirectly owns at least an interest) will directly or indirectly compete with Employer or its Affiliates the Company in any way in any business in which Employer the Company or its Affiliates is engaged or intends to engagein, and that he will not act as an officer, director, employee, consultant, shareholder, lender, or agent of any entity which is engaged in any business of the same nature as, or in competition with, with the businesses in which Employer and its Affiliates are the Company is now engaged or in which Employer or its Affiliates become the Company becomes engaged during the term of employment; provided, however, that this Section 10(a12(a) shall not prohibit Employee or any of his her Affiliates from purchasing or holding an aggregate equity interest of up to 10% in any publicly traded business in competition with Employer and its Affiliatesthe Company, so long as Employee and his her Affiliates combined do not purchase or hold an aggregate equity interest of more than 10%. Furthermore, Employee agrees that during the term of employment, he will not accept any board of director seat or officer role or undertake any planning for the organization of any business activity competitive with Employer the Company and Employee will not combine or conspire with any other employees of Employer and its Affiliates the Company for the purpose of the organization of any such competitive business activity.

Competition During Employment. Employee agrees that during the term of his employment with Employerthe Company, neither he nor any of his Affiliates (Employee’s Affiliates is defined as any legal entity in which Employee owns, controls, holds a financial interest in directly or is the beneficiary ofindirectly owns an interest) will directly or indirectly compete with Employer or its Affiliates the Company in any way in any business in which Employer the Company or its Affiliates is engaged or intends to engagein, and that he will not act as an officer, director, employee, consultant, shareholder, lender, or agent of any entity which is engaged in any business of the same nature as, or in competition with, with the businesses in which Employer and its Affiliates are the Company is now engaged or in which Employer or its Affiliates become the Company becomes engaged during the term of employment; provided, however, that this Section 10(a12(a) shall not prohibit Employee or any of his Affiliates from purchasing or holding an aggregate equity interest of up to 10% in any publicly traded business in competition with Employer and its Affiliatesthe Company, so long as Employee and his Affiliates combined do not purchase or hold an aggregate equity interest of more than 10%. Furthermore, Employee agrees that during the term of employment, he will not accept any board of director seat or officer role or undertake any planning for the organization of any business activity competitive with Employer the Company and Employee will not combine or conspire with any other employees of Employer and its Affiliates the Company for the purpose of the organization of any such competitive business activity.

Competition During Employment. Employee agrees that during the term of his employment with Employerthe Company, neither he nor any of his Affiliates (Employee’s Affiliates is defined as any legal entity in which Employee owns, controls, holds directly or indirectly owns at least a financial interest in or is the beneficiary of25% interest) will directly or indirectly compete with Employer or its Affiliates the Company in any way in any business in which Employer the Company or its Affiliates is engaged or intends to engagein, and that he will not act as an officer, director, employee, consultant, shareholder, lender, or agent of any entity which is engaged in any business of the same nature as, or in competition with, with the businesses in which Employer and its Affiliates are the Company is now engaged or in which Employer or its Affiliates become the Company becomes engaged during the term of employment; provided, however, that this Section 10(aI 2(a) shall not prohibit Employee or any of his Affiliates from purchasing or holding an aggregate equity interest of up to 10% in any publicly traded business in competition with Employer and its Affiliatesthe Company, so long as Employee and his Affiliates combined do not purchase or hold an aggregate equity interest of more than 10%. FurthermoreFurthe1more, Employee agrees that during the term of employment, he will not accept any board of director seat or officer role or undertake any planning for the organization of any business activity competitive with Employer the Company and Employee will not combine or conspire with any other employees of Employer and its Affiliates the Company for the purpose of the organization of any such competitive business activity.

Competition During Employment. Employee agrees that during the term of his employment with EmployerTerm, neither he he, nor any of his Affiliates (Employee’s Affiliates is defined as any legal entity in which Employee ownsaffiliates, controls, holds a financial interest in or is the beneficiary of) will directly or indirectly compete with Employer or its Affiliates affiliates in any way in any business in which Employer or its Affiliates is engaged or intends to engageway, and that he will not act as an officer, director, employee, consultant, shareholder, lender, or agent of any entity which is engaged in any business of the same nature as, or in competition with, the businesses in which being conducted by Employer and its Affiliates are now affiliates (as used herein, a business is engaged in competition with the business being conducted by Employer and its affiliates if it is involved in the home health care business in the State of Utah, or in which any other State where the Employer or its Affiliates become engaged affiliates conduct business during the term of employmentTerm); provided, however, that this Section 10(a5(d) shall not prohibit Employee or any of his Affiliates affiliates from purchasing or holding an aggregate equity interest of up to 10% in any publicly traded business in competition with Employer and its Affiliates1%, so long as Employee and his Affiliates affiliates combined do not purchase or hold an aggregate equity interest of more than 105%, in any business in competition with Employer and its affiliates. Furthermore, Employee agrees that during the term of employmentTerm, he will not accept any board of director seat or undertake any no planning for the organization of any business activity competitive with the work he performs as an employee of Employer and Employee will not combine or conspire with any other employees of Employer and its Affiliates affiliates for the purpose of the organization of any such competitive business activity.

Competition During Employment. Employee agrees that during the term of his employment with Employerthe Company, neither he nor any of his Affiliates (Employee’s Affiliates is defined as any legal entity in which Employee owns, controls, holds directly or indirectly owns at least a financial interest in or is the beneficiary of25% interest) will directly or indirectly compete with Employer or its Affiliates the Company in any way in any business in which Employer the Company or its Affiliates is engaged or intends to engagein, and that he will not act as an officer, director, employee, consultant, shareholder, lender, or agent of any entity which is engaged in any business of the same nature as, or in competition with, with the businesses in which Employer and its Affiliates are the Company is now engaged or in which Employer or its Affiliates become the Company becomes engaged during the term of employment; provided, however, that this Section 10(a12(a) shall not prohibit Employee or any of his Affiliates from purchasing or holding an aggregate equity interest of up to 10% in any publicly traded business in competition with Employer and its Affiliatesthe Company, so long as Employee and his Affiliates combined do not purchase or hold an aggregate equity interest of more than 10%. Furthermore, Employee agrees that during the term te1111 of employment, he will not accept any board of director seat or officer role or undertake any planning for the organization of any business activity competitive with Employer the Company and Employee will not combine or conspire with any other employees of Employer and its Affiliates the Company for the purpose of the organization of any such competitive business activity.