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.
Appears in 3 contracts
Samples: Employment and Non Competition Agreement (Omni Energy Services Corp), Employment and Non Competition Agreement (Omni Energy Services Corp), Employment and Non Competition Agreement (Omni Energy Services Corp)
COVENANT OF NON-COMPETITION. For a the period during Employee's employment beginning on the mutual execution of this Agreement and ending five expiring two (52) years after the 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): Agreement, (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; and (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 aviation company which competes with the Companyprovides seismic drilling or support services or provides aircraft, pilots or other related equipment and services that are used in support of seismic drilling or surveying activities. 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.
Appears in 1 contract
COVENANT OF NON-COMPETITION. For a the period during of Employee's employment and for a period ending five two (52) 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 Employee, because of a termination of this Agreement by Company or Employee): (aEmployee or the expiration of the term of this Agreement or for any reason following the expiration of the term of this Agreement) the Employee will not, directly or indirectly, : (a) within any parish or municipality in Louisiana or as set forth in EXHIBIT B-1 hereto or, with respect to activity outside of Louisiana, within any other state or foreign jurisdiction in which customers of the Company are located or reside, solicit, induce or otherwise contact past, current or prospective customers of the Company for the purpose of soliciting business from the Company's such 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 as set forth in EXHIBIT B-1 hereto or, with respect to activity outside of Louisiana, within any other state or foreign jurisdiction in which Coastal or the 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 operates, participates in, or controls any aspect of the engine overhaul and repair, aviation, seismic support or geophysical services business, which business includes businesses include but is are not limited to surveying, the provision of seismic drilling and support services, the transportation of personnel and/or equipment used in connection with seismic drilling and support services, and the design and manufacture of such equipment, or (ii) owns, operates operates, participates in, or controls any business which competes with the Company. In Company or (c) employ, hire, offer employment to, retain, engage or otherwise solicit or seek to obtain the event services, whether as an employee, consultant, independent contractor or otherwise, of any actual employee, consultant, independent contractor 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 person or enterprise that performs or has in the Company past performed services for such breach or threatened breach including the recovery of damages from the EmployeeCompany.
Appears in 1 contract
Samples: Asset Purchase Agreement (Omni Energy Services Corp)
COVENANT OF NON-COMPETITION. For a period during Employee's employment and ending five two (52) 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 equipmentequipment and the provision of seismic surveying services, 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 10 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.
Appears in 1 contract
Samples: Employment and Non Competition Agreement (Omni Energy Services Corp)
COVENANT OF NON-COMPETITION. For a period during Employee's employment and ending five of seven (57) years after termination of Employee's employment under this Agreement (whether such termination occurs because of a breach beginning with the effective date of this Agreement by the Company or by Employee or because of a termination of this Agreement by Company or Employee): Agreement, (a) Omni Corporation and each of the Employee Shareholders 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, customers or for any other purpose whatsoever which is detrimental to the Company or its business; and (b) Omni Corporation and each of the Employee Shareholders will not, directly or indirectly, within any parish or municipality in Louisiana or in any other state or foreign jurisdiction in which the 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 Employeeany of the Shareholders or a partnership including any of the Shareholders) 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 Omni Corporation or any of the Employee Shareholders of the provisions of this Agreement, Employee agrees Omni Corporation and each of the Shareholders agree that the Company shall not have an adequate remedy at law law, and the Company shall be entitled to an injunction restraining Omni Corporation and/or any or all of the Employee Shareholders 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 2 and/or the solicitation of any business on his or its behalf or on behalf of others from any customer. Nothing herein stated shall be construed as prohibiting the Company from pursuing any other remedies available to the Company for such breach or threatened breach including the recovery of damages from Omni Corporation or any of the EmployeeShareholders.
Appears in 1 contract
Samples: Non Competition Agreement (Omni Energy Services Corp)
COVENANT OF NON-COMPETITION. For a the period during Employee's employment beginning on the Original Date of this Agreement and, and ending five expiring two (52) years after the 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): Company), (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; and (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, (ii) owns, operates or controls any aviation company, or (iiiii) 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.
Appears in 1 contract
Samples: Employment and Non Competition Agreement (Omni Energy Services Corp)