Competition Restrictions. Employee may not during the Employment Period, and for a period of two years following the termination of the Employment Period, anywhere in the United States, directly or indirectly, own, manage, operate, invest in, control, be employed by, participate in, be a financial sponsor of, or be connected in any manner with the ownership, management, operation or control of any business that competes with a business conducted by Company at any time during the Employment Period or which Employee knows, during the Employment Period, that Company intends to conduct. Employee acknowledges that this restriction is necessary for Company’s welfare and protection in light of the responsibilities assigned to Employee and Employee’s status in Company, that Employee is fully and adequately compensated for this restriction.
Competition Restrictions. Employee may not during the Employment Period, and for a period of two years following the termination of the Employment Period, anywhere in the United States, directly or indirectly, own, manage, operate, invest in, control, be employed by, participate in, be a financial sponsor of, or be connected in any manner with the ownership, management, operation or control of any business that competes with a business conducted by Company at any time during the Employment Period or which Employee knows, during the Employment Period, that Company intends to conduct. Employee acknowledges that this restriction is necessary for Company's welfare and protection in light of the responsibilities assigned to Employee and Employee's status in Company, that Employee is fully and adequately compensated for this restriction.
Competition Restrictions. 8.1 As the Employee will know all the clients and business secrets of the Company, during the term of the employment and for one (1) year after the termination of the employment, for whatever the cause, the Employee may not, directly or indirectly, engage in or conduct any business or services in competition with the Company or Coty, including accept employment with or acquiring any material participating interest in any company or legal entity conducting such a competing business.
8.2 During the term of the employment and for one (1) year after the termination of the employment the Employee also agrees that he may not, directly or indirectly, for his own or any other person’s benefit solicit or encourage one or more of the Company’s or Coty Group’s customers or prospective customers or suppliers with whom the Employee has had material dealings within the 24 months prior to termination of employment, to cease business with the Company or with Coty, or, entirely or partly, transfer their custom to a business which is in competition with the Company or with Coty.
8.3 Furthermore, the Employee may not during the term of the employment and for one (1) year after the termination of the employment, directly or indirectly, encourage one or more of the Company’s or Coty’s employees with whom he has had material dealings within the 24 months prior to termination of employment to leave their employment with the Company or Coty.
8.4 In the event of any single breach of this non-competition and non-solicitation clause or of the confidentiality clause of article 7 above, the Employee shall pay to the Company a penalty of CHF 100’000 per occurrence. Furthermore, the Company shall have the right to be fully indemnified and held harmless for all losses exceeding the amount of the penalty. The payment of the penalty shall in no way relieve the Employee from his non-competition, non-solicitation and confidentiality obligations.
8.5 In addition, the Company shall have the right to request the immediate discontinuation or to prevent any repetition of a breach by the Employee of the present non-competition and non-solicitation clause or of the confidentiality obligation stated in article 7 above by means of an injunction in accordance with article 340 lit b paragraph 3 of the Swiss Code of Obligations or of any other appropriate legal remedies.
8.6 These competition restrictions shall be valid and apply for any country where the Employee has conducted directly or indirectly bu...
Competition Restrictions. A. Except as otherwise provided herein or as determined by the Board of Directors of CTI, until the later of (i) March 15, 2001, or (ii) the date Participant ceases to hold CTI stock, neither the Participant nor his/her Affiliates (as defined below) shall engage, directly or indirectly, in the United States in the business of owning or operating PET Centers (as defined below) and the Participant and his/her Affiliates shall present to the Company any and all opportunities known to the Participant and his/her Affiliate, or to which the Participant and his/her Affiliate becomes privy, and in which the Participant and his/her Affiliate has an interest in pursuing pertaining to the acquisition, ownership, or operation of, or investment in, any PET Centers in the United States. If the Company or its Affiliates are unable or fail for any reason to pursue a particular opportunity, or if the Board of Directors determines that the Company or its Affiliates shall not pursue a particular opportunity, the Participant or his/her Affiliate which presented such opportunity to the Company shall be free to pursue said opportunity without restriction, and neither the Company nor the other shareholders or their Affiliates shall have any right or interest in or with respect to such opportunity.
B. For the purposes hereof, "Affiliate" means as to any person or entity, a director of such an entity, or any other person or entity who, directly or indirectly, through one or more intermediaries, Controls or is Controlled by or under common Control with that entity. For the purposes hereof, "Control," "Controls," or "Controlled" (and derivatives thereof) means as to a corporation the right to exercise, directly or indirectly, more than 50% of the voting rights in the corporation, and as to any other entity the possession, directly or indirectly, of the power to direct or cause the direction of the management or policies of the same. For purposes hereof, "PET Center" means positron emission tomography compound manufacturing and distribution centers.
Competition Restrictions. From the date hereof through the first anniversary of the Termination Date, Xx. Xxxxxx agrees that he will not directly or indirectly, own, manage, operate, control, be employed by, provide consulting or other services of any kind to, participate in or be connected in any manner with the ownership, management, operation or control any person or entity that is in direct competition with ATK or its affiliates.
Competition Restrictions. Employee shall not, for a period of two (2) years following the date of this agreement, engage in any "competitive activity", as defined below, without first seeking and obtaining the express written approval of the Company, which approval shall not be unreasonably withheld. The Company shall respond to any request for approval by Employee within ten (10) days from its receipt of a request sent by certified mail, return receipt requested to the address specified in Section 6b (viii) hereof. In the event that the Company fails to respond within ten (10) days, the request shall be deemed approved.
Competition Restrictions. Subscriber, Authorized Users and End Users acknowledge and agree that direct competitors are expressly prohibited from accessing the Software Services, except with Company's prior written consent. Such prohibition includes but not limited to access for monitoring performance, availability, functionality, or benchmarking for competitive purposes.
Competition Restrictions. In order to protect the Company’s legitimate interests, including, but not limited to, confidential information, trade secrets, and customer/vendor relationships, the Individual will not, during the period between the Effective Date of this Agreement and March 31, 2024, personally engage in or own, manage, operate, join, control, consult with, or participate in the ownership, operation or control of, or be employed by any person or entity that develops or manufactures services or products competitive with those that the Company manufactures, markets or sells to any customer anywhere in the world such as firearm ammunition or bicycle helmets. If, prior to March 31, 2024, the Individual wishes to obtain other non-competitive employment, the Individual agrees to give notice to the Company prior to accepting such employment. The Individual will provide the Company with the name of any potential future employer and give the Company the right to provide a copy of this provision to such potential employer.
Competition Restrictions. 26 17. Medical Information and Reporting.........................................27 18. Notices...................................................................28 19.
Competition Restrictions. 16.1 Neither of the Parties shall at any time during the subsistence of the Collaboration (subject to a maximum period of [**] from the date hereof) do or permit any of its Affiliates to do (and whether alone or jointly with others or whether as principal, agent, shareholder or otherwise and whether for its own benefit or that of others) any of the following in the Territory without the prior written consent of the other Party:-
16.1.1 directly or indirectly carry on or be engaged, concerned or interested (except in relation to Ritalin, and as the holder for investment of shares amounting in aggregate to less than 3 percent of the share capital quoted or dealt in on a recognised stock exchange) in the manufacture, distribution or sale of products which compete with, and/or are essentially similar to, the Cephalon Product, where "compete with" means licensed for the treatment of narcolepsy, fatigue associated with multiple sclerosis, attention deficit hyperactivity disorder or sleep apnoeia and "essentially similar" means products which contain the same active pharmaceutical **Certain portions of this exhibit have been omitted based upon a request for confidential treatment that has been filed with the Commission. The omitted portions have been filed separately with the Commission. ingredient(s) including, but not limited to, any isomers or derivatives thereof, as the relevant Product;
16.1.2 solicit the custom of any person in the Territory who is or has been at any time during the term of this agreement a customer of the Collaboration for the purpose of offering to such customer goods or services similar to or competing with those of the Collaboration.
16.2 In the event that either Party or any of their respective Affiliates shall become licensee or distributor of or enter into similar arrangements regarding any product which (i) competes with the Cephalon Product, or (ii) competes with and is essentially similar to the Novartis Products (in this Clause 16.2 "competes with " shall mean has the same therapuetic effect as and "essentially similar" shall be as defined in 16.
