Direct and Indirect Competition. As used herein, the phrase "directly or indirectly compete" shall include owning, managing, operating or controlling, or participating in the ownership, management, operation or control of, or being connected with or having any interest in, as a stockholder, director, officer, employee, Consultant, agent, consultant, assistant, instructor, advisor, sole proprietor, partner or otherwise, any business (other than the Company's) which is the same as or competitive with any business conducted or to be conducted by the Company; provided, however, that this prohibition shall not apply to ownership of less than one percent (1%) of the voting stock in companies whose stock is traded on a national securities exchange or in the over-the-counter market.
Direct and Indirect Competition. As used herein, the phrase “directly or indirectly compete” shall include owning, managing, operating or controlling, or participating in the ownership, management, operation or control of, or being connected with or having any interest in, as a stockholder, director, officer, employee, agent, consultant, assistant, advisor, sole proprietor, partner or otherwise, any Competing Business (as defined below). For purposes of this Agreement, a “Competing Business” shall be any business or enterprise other than any Consolidated Company that is engaged in the Nanomaterials Business (as defined below). This prohibition, however, shall not apply to ownership of less than five percent (5%) of the voting stock in companies whose stock is traded on a national securities exchange or in the over-the-counter market. For purposes of this Agreement the “Nanomaterials Business” means the development, marketing, use, modification or exploitation of any technology or process for the production of pigments, metals, nanomaterials or other materials from titanium containing ores and other feed materials for use in any application being explored, considered or developed by any Consolidated Company at any time while Employee is employed with any Consolidated Company, including, without limitation, the production of titanium dioxide pigments, the production of titanium metals, the production of pharmaceutical products or pharmaceutical delivery devices, the production of lanthanum based phosphate and arsenic binding products, the production of battery materials, batteries or other energy storage devices or the production of thermal spray materials.
Direct and Indirect Competition. As used herein, the phrase “directly or indirectly compete” shall include owning, managing, operating or controlling, or participating in the ownership, management, operation or control of, or being connected with or having any interest in, as a stockholder, director, officer, Executive, agent, consultant, assistant, advisor, sole proprietor, partner or otherwise, any Competing Business (as defined below). For purposes of this Agreement, a “Competing Business” shall be any business or enterprise other than the Company that is engaged in the Business (as defined below). This prohibition, however, shall not apply to ownership of less than five percent (5%) of the voting stock in companies whose stock is traded on a national securities exchange or in the over-the-counter market. For purposes of this Agreement the “Business” means the development and sale of software for controlling machine tools, robots and communication products in a manufacturing facility that allow control of machine tools and communication between equipment on the factory floor and host systems.
Direct and Indirect Competition. As used herein, the phrase “directly or indirectly compete” shall include owning, managing, operating or controlling, or participating in the ownership, management, operation or control of, or being connected with or having any interest in, as a stockholder, director, officer, employee, agent, consultant, assistant, advisor, sole proprietor, partner or otherwise, any Competing Business (as defined below). For purposes of this Agreement, a “Competing Business” shall be any business or enterprise other than any Consolidated Company that is engaged in the development, marketing, provision or sale of any technology, process, product or service that is being developed, marketed, provided or sold by any Consolidated Company during the period Employee is employed with any Consolidated Company. This prohibition, however, shall not apply to ownership of less than five percent (5%) of the voting stock in companies whose stock is traded on a national securities exchange or in the over-the-counter market.
Direct and Indirect Competition. Employee agrees that the phrase "directly or indirectly compete" shall include:
8.2.1 owning, managing, operating, or controlling, or participating in the ownership, management, operation, or control of, or being connected with or having any interest in, as a stockholder, director, officer, employee, agent, consultant, assistant, advisor, sole proprietor, partner, or otherwise, any business (other than the Company's) that is involved in the development, marketing, and/or sale of Linux-based embedded software components and applications (including, but not limited to, traditional embedded devices, handheld devices, personal digital assistants, thin clients, and thin servers), provided, however, that this prohibition shall not apply to the ownership of less than five percent (5%) of the voting stock in companies whose stock is traded on a national securities exchange or in the over-the-counter market;
8.2.2 soliciting, causing to be solicited, contracting with, or otherwise engaging in business with any person or business entity, whom or which at the time is a current client of the Company, and whom or which is known to Employee and with whom or which Employee has dealt, directly or indirectly, in the 12 months prior to the termination of employment, for the purpose of the development, marketing, and/or sale of Linux-based embedded software components or applications;
8.2.3 soliciting, persuading, inducing, or otherwise causing employees of the Company to leave the Company's employ; or
8.2.4 while an employee of the Company, soliciting or engaging in any employment or other activity that is the same or similar to any business in which the Company is now, or has plans to become, engaged.
Direct and Indirect Competition. As used herein, the phrase "directly or indirectly compete" shall include owning, managing, operating or controlling, or participating in the ownership, management, operation or control of, or being connected with or having any interest in, as a stockholder, director, officer, employee, agent, consultant, assistant, advisor, sole proprietor, partner or otherwise, any business (other than the Company's) which is the same as, or similar to, or competitive with any business conducted or to be conducted by the Company or any of the Company's subsidiaries; provided, however, that this prohibition shall not apply to ownership of less than one percent (1%) of the voting stock in companies whose stock is traded on a national securities exchange or in the over-the-counter market.
Direct and Indirect Competition. As used herein, the phrase "directly or indirectly compete" shall include owning, managing, operating or controlling, or participating in the ownership, management, operation or control of, or being connected with or having any interest in, as a stockholder, director, officer, employee, agent, consultant, assistant, advisor, sole proprietor, partner or otherwise, any Competing Business (as defined below). For purposes of this Agreement, a "Competing Business" shall be any business or enterprise other than the Consolidated Company that is engaged in the Centrifugal Jig Business or the Nanomaterials Business, both of which are defined below. This prohibition, however, shall not apply to ownership of less than five percent (5%) of the voting stock in companies whose stock is traded on a national securities exchange or in the over-the-counter market.
(a) For purpose of this Agreement, the "Centrifugal Jig Business" includes the development, construction, marketing, use or modification of a device designed to separate mineral particles using technology that combines standard jig technology, including (a) use of a mechanism that keeps particles in suspension in order to eliminate interparticle friction and allow differential settling according to the variation in the net specific gravities of various particles, and (b) rotation of the jig or jig-like device, the screen or other parts of the jig or jig-like device in order to subject the various mineral particles to centrifugal forces.
(b) For purposes of this Agreement the "Nanomaterials Business" means the development, marketing, use, modification or exploitation of any technology or process for the production of pigments, metals, nanomaterials or other materials from titanium containing ores and other feed materials for use in any application presently being explored, considered or developed by the Consolidated Company, including, without limitation, the production of titanium dioxide pigments, the production of titanium metals, the production of lanthanum based pharmaceutical products or pharmaceutical delivery devices.
Direct and Indirect Competition. As used herein, the phrase “directly or indirectly compete” shall mean owning, managing, operating or controlling, or participating in the ownership, management, operation or control of, or being connected with or having any interest in, as a stockholder, director, officer, employee, agent, consultant, assistant, advisor, sole proprietor, partner or otherwise, any business (other than the Company’s) engaged in the production, marketing, sale, trading or distribution of: ethanol, grain, ethanol co-products, cattle or natural gas, or the production, marketing or sale of vinegar products; provided, however, that this prohibition shall not apply to ownership of less than one percent (1%) of the voting stock in companies whose stock is traded on a national securities exchange or in the over-the-counter market.
Direct and Indirect Competition. As used herein, the phrase "directly or indirectly compete" shall include owning, managing, operating or controlling, or participating in the ownership, management, operation or control of, or being connected with or having any interest in, as a stockholder, director, officer, employee, agent, consultant, assistant, advisor, sole proprietor, partner or otherwise, any business (other than the Company's)
(a) engaged in the manufacturing, marketing, sales or distribution of natural plant products for use by established food manufacturers in the Untied States, or (b) which is the same as, or similar to, or competitive with any business conducted by the Company or any of the Company's subsidiaries; provided, however, that this prohibition shall not apply to (1) ownership of less than one percent (1%) of the voting stock in companies whose stock is traded on a national securities exchange or in the over-the-counter market or (2) the ownership and other activities relating to Team Rensi Motorsports, Snap-on, Inc. and International Speedway Corporatixx, xs described in Section 3.2 above.
Direct and Indirect Competition. As used herein, the phrase "directly or indirectly compete" shall include owning, managing, operating or controlling, or participating in the ownership, management, operation or control of, or being connected with or having any interest in, as a stockholder, director, officer, employee, agent, consultant, assistant, advisor, sole proprietor, partner or otherwise, any business (other than the Company's) which is the same as, or similar to, or competitive with any retail Pretzel and/or cookie business conducted or to be conducted by the Company or any of the Company's subsidiaries; provided, however, that this prohibition shall not apply to ownership of less than one percent (1%) of the voting stock in companies whose stock is traded on a national securities exchange or in the over-the-counter market. "Directly or indirectly compete" shall also include: (i) the hiring away of employees of the Company whether to work for or with Employee, or otherwise, and (ii) inducing any customer of Company to terminate its business relationship with Company in favor of a third party, whether or not Employee is an employee, officer, director, consultant to, shareholder or otherwise, of such third party. The parties agree that "directly or indirectly compete" shall not include performance by Employee of his rights or obligations pursuant to that certain Area Developer Agreement and Franchise Agreement between the Parties of even date herewith.
