COVENANT OF NON-COMPETITION. The Executive agrees that while employed by the Company and for a period of twenty-four (24) months following the cessation of his employment for any reason, he will not compete with the Business of Company by performing services of the same or similar type as those he performed for the Company as an employee, contractor, consultant, officer, director or agent for any person or entity engaged in the Business of Company. Likewise, the Executive will not perform activities of the type which in the ordinary course of business would involve the utilization of Confidential Information or Trade Secrets protected from disclosure by Section 4 (c) of this Agreement. This paragraph restricts competition only within the Territory.
COVENANT OF NON-COMPETITION. Executive agrees that he shall not, during the Employment Period and for a period of twelve (12) months thereafter, engage in any business or activities, whether directly or indirectly, which is competitive with the Company.
COVENANT OF NON-COMPETITION. For a period during Employee's employment and ending five (5) years after termination of Employee's employment under this Agreement (whether such termination occurs because of a breach of this Agreement by the Company or by Employee or because of a termination of this Agreement by Company or Employee): (a) the Employee will not, directly or indirectly, within any parish or municipality in Louisiana or in any other state or foreign jurisdiction in which customers of the Company are located or reside, solicit, induce or otherwise contact customers of the Company for the purpose of soliciting business from the Company's customers, or any other purpose whatsoever which is detrimental to the Company or its business; (b) the Employee will not, directly or indirectly, within any parish or municipality in Louisiana or in any other state or foreign jurisdiction in which Company engages in or has engaged in business, own, manage, operate, control, be employed by, consult with, participate in, or be connected in any manner with the ownership, management, operation or control of any business, enterprise, or entity (including a sole proprietorship of Employee) which: (i) owns, operates or controls any geophysical services business, which business includes but is not limited to the provision of seismic drilling and support services, the transportation of equipment used in connection with seismic drilling and support services, and the design and manufacture of such equipment, or (ii) owns, operates or controls any business which competes with the Company. In the event of any actual or threatened breach by the Employee of the provisions of this Agreement, Employee agrees that Company shall not have an adequate remedy at law and the Company shall be entitled to an injunction restraining the Employee from owning, managing, operating, controlling, being employed by, participating in, or being in any way so connected with any activity which is prohibited in this Section 7 and/or the solicitation of any business on his behalf or on behalf of others from any customer. Nothing herein stated shall be construed as prohibiting Company from pursuing any other remedies available to the Company for such breach or threatened breach including the recovery of damages from the Employee.
COVENANT OF NON-COMPETITION. In consideration of the undertakings by the Corporation herein, Xxxxx covenants for the benefit of the Corporation and the shareholders thereof as follows:
COVENANT OF NON-COMPETITION. In consideration of the Company's covenants set forth in Article IV of this Agreement, the Employee hereby confirms his obligations set forth in the employment agreement between him and the Company, dated February 1, 1995 (the so-called Radyne Termsheet), including but not limited to his covenant (whether or not a separate non-competition agreement has been executed as required by Paragraph 4 of such employment agreement) to refrain from ownership of, operation of, or employment (as an employee, consultant, independent contractor or otherwise) by, any entity or business that competes with the Company, during the two-year period commencing on the date on which his employment by the Company is terminated either involuntarily for cause or voluntarily, in either case within the meaning of Article V of this Agreement. This covenant may be enforced by the Company via injunctive relief and/or an action for damages. TIME IS OF THE ESSENCE Time is of the essence of the Agreement.
COVENANT OF NON-COMPETITION. The Company and Executive hereby acknowledge the highly competitive nature of the Company’s businesses. Accordingly, the parties covenant and agree that Executive shall not, other than for the direct purpose of his duties as Executive of the Company, directly or indirectly engage in the business of developing, manufacturing, selling or distributing explosive cladding products or technologies developed manufactured or sold by the Company or its affiliates, as of the duration of the Employment Agreement and up to two (2) years following the Executive’s termination.
COVENANT OF NON-COMPETITION a. During the Term of this Agreement, Covenantor agrees that he shall not knowingly, directly or indirectly, compete with the Company or the Parent in the businesses of manufacturing or distributing precision motion control mechanisms for medical, dental, commercial or industrial markets, whether alone or in association with any other individual or entity, whether as an employee owner, partner, shareholder, consultant, member, inventor, lender, investor, or advisor, of any business in which Covenantor shall have any ownership interest or which accords any pecuniary benefit to Covenantor, in the greater Los Angeles, California area, in the Colorado Springs-Denver-Boulder corridor in Colorado, or in any market form which the Company shall have derived twenty percent (20%) or more of its revenues in any year;
b. During the Term of this Agreement, Covenantor agrees that he shall not induce or attempt to induce any employee, supplier, customer, licensee or licensor of the Company or the Parent to (i) terminate his relationship with the Company or the Parent; (ii) modify his relationship with the Company to the Company's detriment; (iii) disclose any Trade Rights; (iv) modify the terms of any Trade Rights to the Company's detriment; or (v) cause any holder or owner of any Trade Rights to grant any interest therein to Covenantor.
c. Nothing herein shall prevent Covenantor from investing in the securities of any competing entity by purchase of any security of such entity on any national exchange, if the value of Covenantor's investment therein (i) does not exceed ten percent (10%) of Covenantor's net worth at any time during the Term hereof; and (ii) does not exceed three percent (3%) of the issues and outstanding shares or the aggregate principal outstanding of such competing entity's securities.
COVENANT OF NON-COMPETITION. HPS Group agrees that it will not provide any Software Services to any of the competitors of the Company listed below:
COVENANT OF NON-COMPETITION. 7.1 During the term of this Agreement Employee shall not directly or indirectly, including, without limitation, through entities he controls, solely or jointly with others, (i) carry on or engage or participate in any business the same as or substantially similar to or in competition with the Business, (ii) render any services to or, directly or indirectly, have any interest (other than an interest of 5% or less of a publicly traded company) as a shareholder, owner, partner (general or limited), agent, consultant, lender or guarantor or any other interest, in any entity or business engaged in the rendering of services which are similar to those rendered by Employer in its operation of the Business, or (iii) otherwise engage in competition with the Business.
7.2 It is the intent of the parties hereto that this Section 7 be enforced to the fullest extent permissible under the laws of Florida or any other applicable jurisdiction. Each of the parties hereto recognizes that the duration of the covenants contained in this Section 7 are properly required for the adequate protection of the Business being established by Employer and Employer's conduct of the Business thereafter. Accordingly, to the extent that any covenant in this Section 7 or portion thereof or other provision contained in this Section 7 shall be deemed to be illegal, unenforceable, or unreasonable such covenant shall be reformed such that the restrictions imposed upon Employee is equal to the maximum restriction that would be permissible under applicable law. Moreover, each provision of this Section 7 is intended to be severable, and in the event that any one or more of the provisions contained in this Section 7 shall for any reason be adjudicated to be illegal, invalid or unenforceable, the same shall not affect the legality, validity or enforceability of any other provision of this Section 7, but this Section 7 shall be construed as if such illegal, invalid or unenforceable provision had not been contained therein. The provisions of this Section 7 shall be interpreted in a reasonable manner to effect the intentions of the parties and this Section 7.
COVENANT OF NON-COMPETITION. During the term of this Agreement and for a period of two (2) years thereafter. Employee shall not, except with the prior written consent of the Board, directly or indirectly, own any interest in, operate, join, control or participate as a partner, director, principal, officer, or agent of, enter into the employment of, act as a consultant to, or perform any services for any entity which has material operations which compete with any vitamin business in any jurisdiction in which the Company or any of its affiliates is engaged, or in which any of the foregoing has documented plans to become engaged of which Employee has knowledge at the lime of Employee’s termination of employment. Notwithstanding anything herein to the contrary, the foregoing shall not prevent Employee from acquiring as an investment securities representing not more than two percent (2%) of the outstanding voting securities of any publicly held corporation.
