Common use of Covenant Against Competition Clause in Contracts

Covenant Against Competition. A. Executive acknowledges that his services to be rendered hereunder are of a special and unusual character which have a unique value to Employer, the loss of which cannot adequately be compensated by damages in an action at law. In view of the unique value to Employer of the services of Executive for which Employer has contracted hereunder, and because of the Confidential Information to be obtained by or disclosed to Executive as herein above set forth, and as a material inducement to Employer to enter into this Employment Agreement and to pay to Executive the compensation referred to in Section VI hereof and other consideration provided herein, Executive covenants and agrees that he will not during the term hereof and for a period of twelve (12) months from the date of termination of this Agreement for any reason (i) engage, directly or indirectly, in any business directly competitive with the asbestos abatement industrial safety or hazardous material remediation supply business of Employer (the "Activities") in any area within the states that the Company presently is conducting business or subsequently is conducting business at the time of the termination of this Agreement; (ii) call upon any customer or customers of the Employer for the purposes of engaging in any activities for any person, corporation, or entity other than Employer competitive with the Activities of the Employer; or (iii) divert, solicit or take away any customer or customers of the Employer for the purpose of engaging in any activities competitive with the Activities of the Employer. B. Executive covenants and agrees that if he shall violate any of his covenants or agreements provided for pursuant to this Section, Employer shall be entitled to an accounting and repayment of all profits, compensation, commissions, remuneration, or benefits which Executive, directly or indirectly, has realized and/or may realize as a result of, growing out of, or in connection with any such violation; such remedy shall be in addition to and not in limitation of any injunctive relief or other rights or remedies to which Employer may be entitled to at law or in equity or under this Employment Agreement.

Covenant Against Competition. A. Executive acknowledges that his services to be rendered hereunder are of a special and unusual character which have a unique value to Employer, the loss of which cannot adequately be compensated by damages in an action at law. In view of the unique value to Employer of the services of Executive for which Employer has contracted hereunder, and because of the Confidential Information to be obtained by or disclosed to Executive as herein above set forth, and as a material inducement to Employer to enter into this Employment Agreement and to pay to Executive the compensation referred to in Section VI hereof and other consideration provided herein, Executive covenants and agrees that he will not during the term hereof and for a period of twelve (12) months from the date of termination of this Agreement for any reason (i) engage, directly or indirectly, in any business directly competitive with the asbestos abatement industrial safety or hazardous material remediation supply business of Employer (the "“Activities"”) in any area within the states that the Company presently is conducting business or subsequently is conducting business at the time of the termination of this Agreement; (ii) call upon any customer or customers of the Employer for the purposes of engaging in any activities for any person, corporation, or entity other than Employer competitive with the Activities of the Employer; or (iii) divert, solicit or take away any customer or customers of the Employer for the purpose of engaging in any activities competitive with the Activities of the Employer. B. Executive covenants and agrees that if he shall violate any of his covenants or agreements provided for pursuant to this Section, Employer shall be entitled to an accounting and repayment of all profits, compensation, commissions, remuneration, or benefits which Executive, directly or indirectly, has realized and/or may realize as a result of, growing out of, or in connection with any such violation; such remedy shall be in addition to and not in limitation of any injunctive relief or other rights or remedies to which Employer may be entitled to at law or in equity or under this Employment Agreement.

Covenant Against Competition. A. Executive acknowledges that his services to be rendered hereunder are of a special and unusual character which have a unique value to Employer, the loss of which cannot adequately be compensated by damages in an action at law. In view of the unique value to Employer of the services of Executive for which Employer has contracted hereunder, and because of the Confidential Information to be obtained by or disclosed to Executive as herein above set forth, and as a material inducement to Employer to enter into this Employment Agreement and to pay to Executive the compensation referred to in Section VI hereof and other consideration provided herein, Executive covenants and agrees that he will not during the term hereof and for a period of twelve (12) months from the date of termination of this Agreement for any reason (i) engage, directly or indirectly, in any business directly competitive with the asbestos abatement abatement, industrial safety or hazardous material remediation supply business of Employer (the "“Activities"”) in any area within the states that the Company Employer presently is conducting business or subsequently is conducting business at the time of the termination of this Agreement; (ii) call upon any customer or customers of the Employer for the purposes of engaging in any activities for any person, corporation, or entity other than Employer Employer, competitive with the Activities of the Employer; or (iii) divert, solicit or take away any customer or customers of the Employer for the purpose of engaging in any activities competitive with the Activities of the Employer. B. Executive covenants and agrees that if he shall violate any of his covenants or agreements provided for pursuant to this Section, Employer shall be entitled to an accounting and repayment of all profits, compensation, commissions, remuneration, or benefits which Executive, directly or indirectly, has realized and/or may realize as a result of, growing out of, or in connection with any such violation; such remedy shall be in addition to and not in limitation of any injunctive relief or other rights or remedies to which Employer may be entitled to at law or in equity or under this Employment Agreement.

Covenant Against Competition. A. Executive acknowledges that his services to be rendered hereunder are of a special and unusual character which have a unique value to Employer, the loss of which cannot adequately be compensated by damages in an action at law. In view of the unique value to Employer of the services of Executive for which Employer has contracted hereunder, and because of the Confidential Information to be obtained by or disclosed to Executive as herein above set forth, and as a material inducement to Employer to enter into this Employment Agreement and to pay to Executive the compensation referred to in Section VI hereof and other consideration provided herein, Executive covenants and agrees that he will not during the term hereof and for a period of twelve (12) months from the date of termination of this Agreement for any reason (i) engage, directly or indirectly, in any business directly competitive with the asbestos abatement industrial safety or hazardous material remediation supply business of Employer (the "Activities") in any area within the states that the Company presently is conducting business or subsequently is conducting business at the time of the termination of this Agreement; (ii) call upon any customer or customers of the Employer for the purposes of engaging in any activities for any person, corporation, or entity other than Employer competitive with the Activities of the Employer; or (iii) divert, solicit or take away any customer or customers of the Employer for the purpose of engaging in any activities competitive with the Activities of the Employer. B. . Executive covenants and agrees that if he shall violate any of his covenants or agreements provided for pursuant to this Section, Employer shall be entitled to an accounting and repayment of all profits, compensation, commissions, remuneration, or benefits which Executive, directly or indirectly, has realized and/or may realize as a result of, growing out of, or in connection with any such violation; such remedy shall be in addition to and not in limitation of any injunctive relief or other rights or remedies to which Employer may be entitled to at law or in equity or under this Employment Agreement.

Covenant Against Competition. A. Executive acknowledges that his services to be rendered hereunder are of a special and unusual character which have a unique value to Employer, the loss of which cannot adequately be compensated by damages in an action at law. In view of the unique value to Employer of the services of Executive for which Employer has contracted hereunder, and because of the Confidential Information to be obtained by or disclosed to Executive as herein above set forth, and as a material inducement to Employer to enter into this Employment Agreement and to pay to Executive the compensation referred to in Section VI hereof and other consideration provided herein, Executive covenants and agrees that he will not during the term hereof and for (a) For a period of twelve (12) months from four years following the date of termination Closing each of this Agreement for any reason the Sellers shall not (i) engage, directly or indirectly, indirectly conduct or have any beneficial ownership or equity interest in any business directly competitive with the asbestos abatement industrial safety or hazardous material remediation supply business Competing Business operating within Purchaser's area of Employer (the "Activities") in any area influence, which is within the states that the Company presently geographic area in which Silver Xxxxxx Mining, Inc. or Career Direction operates, or has commenced business activity, whether such interest is conducting business structured as a partner, shareholder, beneficiary, or subsequently is conducting business at the time of the termination of this Agreementotherwise, or have any right, option, agreement, understanding, or arrangement to acquire any such interest; (ii) call upon solicit, divert, or appropriate, or attempt to solicit, divert, or appropriate to or for a Competing Business the business of any person or entity located within the Area which was a customer or customers of the Employer for company on (or within one year prior to the Closing Date), (iii) induce or attempt to induce any of companies' business contacts to curtail its orders or cancel its business, (iv) induce or attempt to induce any employee of companies to terminate or modify their employment arrangement. For the purposes of engaging this Section 11, "Competing Business" means any business which is engaged in any activities for any person, corporationthe business of International Employment Testing software and related career fairs. (b) If Sellers commit a breach, or entity other than Employer competitive with the Activities threaten to commit a breach of the Employer; provisions of subsection (a) above, Purchaser shall have the right and remedy to have the provisions of subsection specifically enforced by any court having jurisdiction, it being acknowledged and agreed that any such breach or threatened breach will cause irreparable injury to Purchaser and that money damages will not provide remedy to Purchaser. (iiic) divert, solicit or take away If any customer or customers of the Employer for covenants contained in subsection (a) above, or any part thereof, are hereafter construed to be invalid or unenforceable, the purpose of engaging in any activities competitive with same shall not affect the Activities remainder of the Employer. B. Executive covenants and agrees that if he covenant or covenants, which shall violate be given full effect, without regard to the invalid portions. If any of his the covenants or agreements provided for pursuant to this Section, Employer shall be entitled to an accounting and repayment of all profits, compensation, commissions, remunerationcontained in subjection (a) above, or benefits which Executiveany part thereof, directly are held to be unenforceable because of the scope or indirectlyduration of such provision of the geographic area covered thereby, has realized and/or may realize as a result ofthe parties agree that the court making such determination shall have the power to reduce the scope, growing out ofduration, or area of such provision and, in connection with any such violation; such remedy its reduced form, said provision shall then be in addition to and not in limitation of any injunctive relief or other rights or remedies to which Employer may be entitled to at law or in equity or under this Employment Agreementenforceable.

Covenant Against Competition. A. Executive acknowledges that his services to be rendered hereunder are of a special and unusual character which have a unique value to Employer, the loss of which cannot adequately be compensated by damages in an action at law. In view of the unique value to Employer of the services of Executive for which Employer has contracted hereunder, the senior executive capacity in which Executive serves, the access to information and details which Executive has by virtue of such senior executive status and because of the Confidential Information to be obtained by or disclosed to Executive as herein above hereinabove set forth, and as a material inducement to Employer to enter into this Employment Agreement and to pay to Executive the compensation referred to in Section VI hereof and other consideration provided herein, Executive covenants and agrees that he will not during the term hereof and for a period of twelve six (126) months from the date of termination of this Agreement for any reason (i) engage, directly or indirectly, in any business directly competitive with the asbestos abatement industrial safety or hazardous material remediation supply business of Employer the Company (which is comprised of the investment in, management of nail salons (the "Activities") in any area within the states State of Florida that the Company presently is conducting or soliciting business or subsequently is conducting or soliciting business at the time of the termination of this Agreement; (ii) call upon any customer or customers customers, client or clients of the Employer for the purposes of engaging in any activities for any person, corporation, or entity other than Employer competitive with the Activities of the Employer; or (iii) divert, solicit or take away any customer or customers customers, client or clients or employee or employees of the Employer for the purpose of engaging in any activities competitive with the Activities of the Employer. B. Executive covenants and agrees that if he shall violate any of his covenants or agreements provided for pursuant to this Section, Employer shall be entitled to an accounting and repayment of all profits, compensation, commissions, remuneration, or benefits which Executive, directly or indirectly, has realized and/or may realize as a result of, growing out of, or in connection with any such violation; such remedy shall be in addition to and not in limitation of any injunctive relief or other rights or remedies to which Employer may be entitled to at law or in equity or under this Employment Agreement.