Common use of Covenants by Employee Clause in Contracts

Covenants by Employee. 9.1 Employee hereby acknowledges that Company is one of only a small number of companies worldwide that designs, manufactures and sells plasma process thin film etching and deposition equipment. Employee also acknowledges that pursuant to his prior relationship with Company, and under the terms of this Agreement, he will gain access to valuable trade secrets of Company and other valuable confidential business and proprietary information, and will become aware of and a part of Company's substantial relationships with customers, potential customers, suppliers, and sources. Accordingly, Employee hereby covenants that he shall not, either directly or indirectly, as a principal, partner, stockholder, officer, director, agent or employee, or in any other capacity, enter into any employment agreement, or accept employment with or render services for, any company, partnership, person or entity that competes or attempts to compete, whether directly or indirectly, with Company, for the balance of the then remaining Term of this Agreement or for a period of twelve months (12) from the termination of this Agreement, whichever is greater, regardless of the reason for said termination. 9.2 The Employee agrees that he shall not solicit or attempt to solicit, sell to, lease to or offer to sell to, or offer to lease to, except on behalf of Company or any Affiliate, any present or future customer of Company or Affiliate, any goods or services competitive to the goods and services now or hereafter offered for sale or lease by Company or any Affiliate for the periods of time set forth in Section 9.1 herein. 9.3 The parties hereto recognize that the covenants of Employee herein contained are unique and that in the event there is a breach or threatened breach of such covenants, Company shall be entitled, in addition to any other remedies available to it, to institute and prosecute proceedings in any court of competent jurisdiction either in law or in equity, to obtain damages for any breach of covenants or to enforce a specific performance thereof by Employee, or to enjoin Employee from performing services or doing any act in breach of such covenants. 9.4 For the purposes of this Agreement, the term "Affiliate" shall mean any person who or which, directly and/or indirectly, controls, is controlled by or is under common control with another person. For the purpose of this definition, "control" means the possession, directly or indirectly, of the power to direct or cause the direction of management and policies, whether through the ownership of voting securities, by contract or otherwise. For the purpose of this definition, "person," refers to an individual, partnership, company, corporation, or other entity.

Covenants by Employee. 9.1 Employee hereby acknowledges that Company is one of only a small number of companies worldwide that designs, manufactures and sells plasma process thin film etching and deposition equipment. Employee also acknowledges that pursuant to his prior relationship with Company, and under the terms of this Agreement, he will gain access to valuable trade secrets of Company and other valuable confidential business and proprietary information, and will become aware of and a part of Company's substantial relationships with customers, potential customers, suppliers, and sources. Accordingly, Employee hereby covenants that he shall not, either directly or indirectly, as a principal, partner, stockholder, officer, director, agent or employee, or in any other capacity, enter into any employment agreement, or accept employment with or render services for, any company, partnership, person or entity that competes or attempts to compete, whether directly or indirectly, with Company, for the balance of the then remaining Term of this Agreement or for a period of Agreement, not to exceed twelve months (12) from the termination of this Agreement, whichever is greatermonths, regardless of the reason for said termination. 9.2 The Employee agrees that he shall not solicit or attempt to solicit, sell to, lease to or offer to sell to, or offer to lease to, except on behalf of Company or any Affiliate, any present or future customer of Company or Affiliate, any goods or services competitive to the goods and services now or hereafter offered for sale or lease by Company or any Affiliate for the periods of time set forth in Section 9.1 herein. 9.3 The parties hereto recognize that the covenants of Employee herein contained are unique and that in the event there is a breach or threatened breach of such covenants, Company shall be entitled, in addition to any other remedies available to it, to institute and prosecute proceedings in any court of competent jurisdiction either in law or in equity, to obtain damages for any breach of covenants or to enforce a specific performance thereof by Employee, or to enjoin Employee from performing services or doing any act in breach of such covenants. 9.4 For the purposes of this Agreement, the term "Affiliate" shall mean any person who or which, directly and/or indirectly, controls, is controlled by or is under common control with another person. For the purpose of this definition, "control" means the possession, directly or indirectly, of the power to direct or cause the direction of management and policies, whether through the ownership of voting securities, by contract or otherwise. For the purpose of this definition, "person," refers to an individual, partnership, company, corporation, or other entity.

Covenants by Employee. 9.1 Employee hereby acknowledges that Company is one of only a small number of companies worldwide that designs, manufactures and sells plasma process thin film etching and deposition equipment. Employee also acknowledges that pursuant to his her prior relationship with Company, and under the terms of this Agreement, he she will gain access to valuable trade secrets of Company and other valuable confidential business and proprietary information, and will become aware of and a part of Company's substantial relationships with customers, potential customers, suppliers, and sources. Accordingly, Employee hereby covenants that he she shall not, either directly or indirectly, as a principal, partner, stockholder, officer, director, agent or employee, or in any other capacity, enter into any employment agreement, or accept employment with or render services for, any company, partnership, person or entity that competes or attempts to compete, whether directly or indirectly, with Company, for the balance of the then remaining Term of this Agreement or for a period of twelve months (12) from the termination of this Agreement, whichever is greater, regardless of the reason for said termination. 9.2 The Employee agrees that he she shall not solicit or attempt to solicit, sell to, lease to or offer to sell to, or offer to lease to, except on behalf of Company or any Affiliate, any present or future customer of Company or Affiliate, any goods or services competitive to the goods and services now or hereafter offered for sale or lease by Company or any Affiliate for the periods of time set forth in Section 9.1 herein. 9.3 The parties hereto recognize that the covenants of Employee herein contained are unique and that in the event there is a breach or threatened breach of such covenants, Company shall be entitled, in addition to any other remedies available to it, to institute and prosecute proceedings in any court of competent jurisdiction either in law or in equity, to obtain damages for any breach of covenants or to enforce a specific performance thereof by Employee, or to enjoin Employee from performing services or doing any act in breach of such covenants. 9.4 For the purposes of this Agreement, the term "Affiliate" shall mean any person who or which, directly and/or indirectly, controls, is controlled by or is under common control with another person. For the purpose of this definition, "control" means the possession, directly or indirectly, of the power to direct or cause the direction of management and policies, whether through the ownership of voting securities, by contract or otherwise. For the purpose of this definition, "person," refers to an individual, partnership, company, corporation, or other entity.

Covenants by Employee. 9.1 10.1 Employee hereby acknowledges agrees that Company is one of only a small number of companies worldwide that designshe/she shall not compete with Corporation, manufactures and sells plasma process thin film etching and deposition equipment. Employee also acknowledges that pursuant to his prior relationship with Companyas defined below, and under the terms of this Agreement, he will gain access to valuable trade secrets of Company and other valuable confidential business and proprietary information, and will become aware of and a part of Company's substantial relationships with customers, potential customers, suppliers, and sources. Accordingly, Employee hereby covenants that he shall not, either whether directly or indirectly, as a principal, partner, stockholder, officer, director, agent or employee, or in any other capacity, enter into any for the following periods of time: (i) if the Corporation terminates employment agreement, without cause as defined in Section 9.2 or accept if the employee terminates employment with or render services forcause as defined in Section 9.3, any company, partnership, person or entity that competes or attempts the employee agrees not to compete, whether directly or indirectly, with Company, for the balance of the then remaining Term of this Agreement or compete for a period of twelve months (12) 45 days from the date of termination of this Agreementcontract; or (ii) if the Corporation terminates employment with cause pursuant to Section 9.1 or if the employee terminates employment without cause, whichever is greater, regardless the employee agrees not to compete for a period of 6 months from the reason for said terminationdate of termination of this contract. 9.2 The Employee agrees that he shall not solicit 10.1.1 Compete in any manner whatsoever with the business now or hereafter conducted by Corporation or any Affiliate (as hereinafter defined); and 10.1.2 Solicit or attempt to solicit, sell tosell, lease to or offer to sell to, or offer to lease tolease, except on behalf of Company Corporation or any Affiliateaffiliate, any present or future customer of Company Corporation or Affiliate, Affiliate any goods or services competitive to the goods and services now or hereafter offered for sale or lease by Company Corporation or any Affiliate for the periods of time set forth in Section 9.1 hereinAffiliate. 9.3 10.2 The parties hereto recognize that the covenants of Employee herein contained are unique and that in the event there is a breach or threatened breach of such covenants, Company Corporation shall be entitled, in addition to any other remedies available to it, to institute and prosecute proceedings in any court of competent jurisdiction either in law or in equity, to obtain damages for any breach of covenants or to enforce a specific performance thereof by Employee, or to enjoin Employee from performing services or doing any act in breach of such covenants. 9.4 10.3 For the purposes of this Agreement, the term an "Affiliate" of Corporation shall mean any person who person, partnership or which, directly and/or indirectly, controls, corporation which is controlled by or is under by, in common control with another or controlling Corporation. 10.4 Employee agrees during the Term hereof and after the termination of employment of Employee for any reason whatsoever the Employee shall not disclose to any person. For the purpose of this definition, "control" means the possessionfirm, directly partnership or indirectly, corporation any information concerning any of the power methods of conducting business of Corporation or any affiliate or any details relating thereto including the names of suppliers, customers and methods of operation of Corporation or any of its Affiliates which information is hereby acknowledged to direct be confidential in nature. This provision shall not be construed to prevent Employee from using any knowledge which he/she possessed at the time he commenced his/her employment with corporation or cause the direction of management and policies, whether through the ownership of voting securities, by contract or otherwise. For the purpose of this definition, "person," refers to an individual, partnership, company, corporation, or other entityfrom using any information which is not confidential.