Common use of Definition of Competition Clause in Contracts

Definition of Competition. For purposes of this Agreement "competition" shall mean the manufacture or sale of safety systems or devices to prevent strikes, damage, injury or entrapment from the movement of a closure device. Closure devices include, but not by way of limitation, powered gates, powered doors, parking gates, swinging gates, sliding gates, automatic doors, residential and commercial garage doors and elevator doors. Notwithstanding the foregoing, competition does not include any device, sensor or system that is not primarily intended to prevent a strike, damage, injury or entrapment from a moving closure device. Specifically, but not by way of limitation, the term "competition" does not include proximity sensing, anti-theft sensing, barrier sensing, perimeter sensing, security sensing, contact avoidance, presence recognition or other sensing applications whose primary intended purpose is other than to prevent a strike, damage, injury or entrapment from a moving closure device, notwithstanding that an incidental or secondary benefit may be to prevent a strike, damage, injury or entrapment. The term "competition" does not include any employment or other relationships or activities of Second Party which are permitted by the Employment Agreement between the Company and Second Party.