Common use of Covenants of the Employee Clause in Contracts

Covenants of the Employee. In consideration of the acknowledgments by the Employee, and in consideration of the compensation and benefits to be paid or provided to the Employee by the Employer, the Employee covenants that he will not, directly or indirectly: (a) during the Employment Period, except in the course of his employment hereunder, and during the Post-Employment Period (as defined below), without the express prior written consent of Employer (as authorized by its board of directors), as owner, officer, director, employee, stockholder, principal, consultant, agent, lender, guarantor, cosigner, investor or trustee of any corporation, partnership, proprietorship, joint venture, association or any other entity of any nature, engage, directly or indirectly, in any business of siting, permitting, developing, constructing, or selling single-family homes in (i) the following counties in the State of Texas: (1) Harrxx Xxxnty and all contiguous counties, (2) Travxx County and all contiguous counties, (3) Bexar County, and all contiguous counties, (4) Dallas County and all contiguous counties, and (5) any county in which Employer engages in business during the Employment Period, and (ii) the following counties in the State of Tennessee: (1) Willxxxxxx Xxxnty and all contiguous counties, and (2) any county in which Employer engages in business during the Employment Period, provided, however, that the Employee may purchase or otherwise acquire up to (but not more than) one percent (1%) of any class of securities of any enterprise (but without otherwise participating in the activities of such enterprise) if such securities are listed on any national or regional securities exchange or have been registered under Section 12(g) of the Securities Exchange Act of 1934; (b) whether for the Employee's own account or for the account of any other person, at any time during the Employment Period (except for the account of Employer and its affiliates) and the Post-Employment Period, solicit business of the same or similar type being carried on by the Employer, from any person known by the Employee to be a customer of the Employer, whether or not the Employee had personal contact with such person during and by reason of the Employee's employment with the Employer; (c) whether for the Employee's own account or the account of any other person (i) at any time during the Employment Period and the Post-Employment Period, solicit, employ, or otherwise engage as an employee, independent contractor, or otherwise, any person who is an employee of the Employer, or in any manner induce, or attempt to induce, any employee of the Employer to terminate his employment with the

Appears in 2 contracts

Samples: Employment Agreement (Newmark Homes Corp), Employment Agreement (Newmark Homes Corp)

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Covenants of the Employee. In consideration of the acknowledgments by the Employee, and in consideration of the compensation and benefits to be paid or provided to the Employee by the Employer, the Employee covenants that he will not, directly or indirectly: (a) during the Employment Period, except in the course of his employment hereunder, and during the Post-Employment Period (as defined below), without the express prior written consent of Employer (as authorized by its board of directors), as owner, officer, director, employee, stockholder, principal, consultant, agent, lender, guarantor, cosigner, investor or trustee of any corporation, partnership, proprietorship, joint venture, association or any other entity of any nature, engage, directly or indirectly, in any business of siting, permitting, developing, constructing, or selling single-family homes in (i) the following counties in the State of Texas: (1) Harrxx Xxxnty and all contiguous counties, (2) Travxx County Xxxnty and all contiguous counties, (3) Bexar County, County and all contiguous counties, (4) Dallas County and all contiguous counties, and (5) any county in which Employer engages in business has homebuilding activity during the Employment Period, and (ii) the following counties in the State of Tennessee: (1) Willxxxxxx Xxxnty and all contiguous counties, and (2) any county in which Employer engages in business during the Employment Period, : provided, however, that the Employee may purchase or otherwise acquire up to (but not more than) one percent (1%) of any class of securities of any enterprise (but without otherwise participating in the activities of such enterprise) if such securities are listed on any national or regional securities exchange or have been registered under Section 12(g) of the Securities Exchange Act of 1934; (b) whether for the Employee's own account or for the account of any other person, at any time during the Employment Period (except for the account of Employer and its affiliates) and the Post-Employment Period, solicit business of the same or similar type being carried on by the Employer, from any person known by the Employee to be a customer of the Employer, whether or not the Employee had personal contact with such person during and by reason of the Employee's employment with the Employer; (c) whether for the Employee's own account or the account of any other person (i) at any time during the Employment Period and the Post-Employment Period, solicit, employ, or otherwise engage as an employee, independent contractor, or otherwise, any person who is an employee of the Employer, or in any manner induce, or attempt to induce, any employee of the Employer to terminate his employment with thethe Employer; or (ii) at any time during the Employment Period and Post Employment Period, interfere with the Employer's relationship with any person, including any person, who at any time during the Employment Period, was an employee, contractor, supplier, or customer of the Employer; provided, however, that nothing in this Section 5.2(c)(ii) shall preclude Employee from soliciting or employing any person, who was employed by Employer, after six (6) months have lapsed from the last date of the former employee's employment with Employer; or (d) at any time during or after the Employment Period, disparage the Employer or any of its shareholders, parents, affiliates, directors, officers, employees, or agents.

Appears in 1 contract

Samples: Employment Agreement (Newmark Homes Corp)

Covenants of the Employee. In consideration of the acknowledgments by the Employee, and in consideration of the compensation and benefits to be paid or provided to the Employee by the Employer, the Employee covenants that he will not, directly or indirectly: (a) during the Employment Period, except in the course of his employment hereunder, and during the Post-Employment Period (as defined below), without the express prior written consent of Employer (as authorized by its board of directors), as owner, officer, director, employee, stockholder, principal, consultant, agent, lender, guarantor, cosigner, investor or trustee of any corporation, partnership, proprietorship, joint venture, association or any other entity of any nature, engage, directly or indirectly, in any business of siting, permitting, developing, constructing, or selling single-family homes in (i) the following counties in the State of Texas: (1) Harrxx Xxxnty County and all contiguous counties, (2) Travxx County Xxxnty and all contiguous counties, (3) Bexar County, County and all contiguous counties, (4) Dallas County and all contiguous counties, and (5) any county in which Employer engages in business has homebuilding activity during the Employment Period, and (ii) the following counties in the State of Tennessee: (1) Willxxxxxx Xxxnty and all contiguous counties, and (2) any county in which Employer engages in business during the Employment Period, ; provided, however, that the Employee may purchase or otherwise acquire up to (but not more than) one percent (1%) of any class of securities of any enterprise (but without otherwise participating in the activities of such enterprise) if such securities are listed on any national or regional securities exchange or have been registered under Section 12(g) of the Securities Exchange Act of 1934; (b) whether for the Employee's own account or for the account of any other person, at any time during the Employment Period (except for the account of Employer and its affiliates) and the Post-Employment Period, solicit business of the same or similar type being carried on by the Employer, from any person known by the Employee to be a customer of the Employer, whether or not the Employee had personal contact with such person during and by reason of the Employee's employment with the Employer; (c) whether for the Employee's own account or the account of any other person (i) at any time during the Employment Period and the Post-Employment Period, solicit, employ, or otherwise engage as an employee, independent contractor, or otherwise, any person who is an employee of the Employer, or in any manner induce, or attempt to induce, any employee of the Employer to terminate his employment with thethe Employer; or (ii) at any time during the Employment Period and Post Employment Period, interfere with the Employer's relationship with any person, including any person, who at any time during the Employment Period, was an employee, contractor, supplier, or customer of the Employer; provided, however, that nothing in this Section 5.2(c)(ii) shall preclude Employee from soliciting or employing any person, who was employed by Employer, after six (6) months have lapsed from the last date of the former employee's employment with Employer; or (d) at any time during or after the Employment Period, disparage the Employer or any of its shareholders, parents, affiliates, directors, officers, employees, or agents.

Appears in 1 contract

Samples: Employment Agreement (Newmark Homes Corp)

Covenants of the Employee. In consideration of the acknowledgments by the Employee, and in consideration of the compensation and benefits to be paid or provided to the Employee by the Employer, the Employee covenants that he will not, directly or indirectly: (a) during the Employment Period, except in the course of his employment hereunder, and during the Post-Post- Employment Period (as defined below), without the express prior written consent of Employer (as authorized by its board of directors), as owner, officer, director, employee, stockholder, principal, consultant, agent, lender, guarantor, cosigner, investor or trustee of any corporation, partnership, proprietorship, joint venture, association or any other entity of any nature, engage, directly or indirectly, in any business of siting, permitting, developing, constructing, or selling single-family homes in (i) the following counties in the State of Texas: (1) Harrxx Xxxnty and all contiguous counties, (2) Travxx County and all contiguous counties, (3) Bexar County, and all contiguous counties, (4) Dallas County and all contiguous counties, and (5) any county in which Employer engages in business during the Employment Period, and (ii) the following counties in the State of Tennessee: (1) Willxxxxxx Xxxnty and all contiguous counties, and (2) any county in which Employer engages in business during the Employment Period, provided, however, that the Employee may purchase or otherwise acquire up to (but not more than) one percent (1%) of any class of securities of any enterprise (but without otherwise participating in the activities of such enterprise) if such securities are listed on any national or regional securities exchange or have been registered under Section 12(g) of the Securities Exchange Act of 1934; (b) whether for the Employee's own account or for the account of any other person, at any time during the Employment Period (except for the account of Employer and its affiliates) and the Post-Employment Period, solicit business of the same or similar type being carried on by the Employer, from any person known by the Employee to be a customer of the Employer, whether or not the Employee had personal contact with such person during and by reason of the Employee's employment with the Employer; (c) whether for the Employee's own account or the account of any other person (i) at any time during the Employment Period and the Post-Employment Period, solicit, employ, or otherwise engage as an employee, independent contractor, or otherwise, any person who is an employee of the Employer, or in any manner induce, or attempt to induce, any employee of the Employer to terminate his employment with thethe Employer; or (ii) at any time during the Employment Period and Post Employment

Appears in 1 contract

Samples: Employment Agreement (Newmark Homes Corp)

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Covenants of the Employee. In consideration of the acknowledgments by the Employee, and in consideration of the compensation and benefits to be paid or provided to the Employee by the Employer, the Employee covenants that he will not, directly or indirectly: (a) during the Employment Period, except in the course of his employment hereunder, and during the Post-Employment Period (as defined below), without the express prior written consent of Employer (as authorized by its board of directors), as owner, officer, director, employee, stockholder, principal, consultant, agent, lender, guarantor, cosigner, investor or trustee of any corporation, partnership, proprietorship, joint venture, association or any other entity of any nature, engage, directly or indirectly, in any business of siting, permitting, developing, constructing, or selling single-family homes in (i) the following counties in the State of Texas: (1) Harrxx Xxxnty and all contiguous counties, (2) Travxx County Xxxnty and all contiguous counties, (3) Bexar County, and all contiguous counties, (4) Dallas County and all contiguous counties, and (5) any county in which Employer engages in business has homebuilding activity during the Employment Period, and (ii) the following counties in the State of Tennessee: (1) Willxxxxxx Xxxnty County and all contiguous counties, and (2) any county in which Employer engages in business during the Employment Period, provided, however, that the Employee may purchase or otherwise acquire up to (but not more than) one percent (1%) of any class of securities of any enterprise (but without otherwise participating in the activities of such enterprise) if such securities are listed on any national or regional securities exchange or have been registered under Section 12(g) of the Securities Exchange Act of 1934; (b) whether for the Employee's own account or for the account of any other person, at any time during the Employment Period (except for the account of Employer and its affiliates) and the Post-Employment Period, solicit business of the same or similar type being carried on by the Employer, from any person known by the Employee to be a customer of the Employer, whether or not the Employee had personal contact with such person during and by reason of the Employee's employment with the Employer; (c) whether for the Employee's own account or the account of any other person (i) at any time during the Employment Period and the Post-Employment Period, solicit, employ, or otherwise engage as an employee, independent contractor, or otherwise, any person who is an employee of the Employer, or in any manner induce, or attempt to induce, any employee of the Employer to terminate his employment with thethe Employer; or (ii) at any time during the Employment Period and Post Employment Period, interfere with the Employer's relationship with any person, including any person, who at any time during the Employment Period, was an employee, contractor, supplier, or customer of the Employer; provided, however, that nothing in this Section 5.2(c)(ii) shall preclude Employee from soliciting or employing any person, who was employed by Employer, after six (6) months have lapsed from the last date of the former employee's employment with Employer; or (d) at any time during or after the Employment Period, disparage the Employer or any of its shareholders, parents, affiliates, directors, officers, employees, or agents.

Appears in 1 contract

Samples: Employment Agreement (Newmark Homes Corp)

Covenants of the Employee. In consideration of the acknowledgments by the Employee, and in consideration of the compensation and benefits to be paid or provided to the Employee by the Employer, the Employee covenants that he will not, directly or indirectly: (a) during the Employment Period, except in the course of his employment hereunder, and during the Post-Employment Period (as defined below), without the express prior written consent of Employer (as authorized by its board of directors), as owner, officer, director, employee, stockholder, principal, consultant, agent, lender, guarantor, cosigner, investor or trustee of any corporation, partnership, proprietorship, joint venture, association or any other entity of any nature, engage, directly or indirectly, in any business of siting, permitting, developing, constructing, or selling single-family homes in (i) the following counties in the State of Texas: (1) Harrxx Xxxnty Xxxxxx County and all contiguous counties, (2) Travxx Xxxxxx County and all contiguous counties, (3) Bexar County, and all contiguous counties, (4) Dallas County and all contiguous counties, and (5) any county in which Employer engages in business has homebuilding activity during the Employment Period, and (ii) the following counties in the State of Tennessee: (1) Willxxxxxx Xxxnty Xxxxxxxxxx County and all contiguous counties, and (2) any county in which Employer engages in business during the Employment Period, provided, however, that the Employee may purchase or otherwise acquire up to (but not more than) one percent (1%) of any class of securities of any enterprise (but without otherwise participating in the activities of such enterprise) if such securities are listed on any national or regional securities exchange or have been registered under Section 12(g) of the Securities Exchange Act of 1934; (b) whether for the Employee's own account or for the account of any other person, at any time during the Employment Period (except for the account of Employer and its affiliates) and the Post-Employment Period, solicit business of the same or similar type being carried on by the Employer, from any person known by the Employee to be a customer of the Employer, whether or not the Employee had personal contact with such person during and by reason of the Employee's employment with the Employer; (c) whether for the Employee's own account or the account of any other person (i) at any time during the Employment Period and the Post-Employment Period, solicit, employ, or otherwise engage as an employee, independent contractor, or otherwise, any person who is an employee of the Employer, or in any manner induce, or attempt to induce, any employee of the Employer to terminate his employment with thethe Employer; or (ii) at any time during the Employment Period and Post Employment Period, interfere with the Employer's relationship with any person, including any person, who at any time during the Employment Period, was an employee, contractor, supplier, or customer of the Employer; provided, however, that nothing in this Section 5.2(c)(ii) shall preclude Employee from soliciting or employing any person, who was employed by Employer, after six (6) months have lapsed from the last date of the former employee's employment with Employer; or (d) at any time during or after the Employment Period, disparage the Employer or any of its shareholders, parents, affiliates, directors, officers, employees, or agents.

Appears in 1 contract

Samples: Employment Agreement (Newmark Homes Corp)

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