Common use of Employment Covenants Clause in Contracts

Employment Covenants. (a) During the Employment Period (as set forth in Section 1 hereof and determined without regard to the termination of Executive's employment), Executive shall not (i) engage in any way, directly or indirectly, in any Competing Business (as defined below) in the Geographic Area (as defined below); PROVIDED, HOWEVER, in no event shall this provision be construed to prohibit Executive's employment with any business in which less than 5% of its consolidated gross revenues for its most recent fiscal year relates to a Competing Business if Executive's responsibilities at such business do not directly relate to a Competing Business. "Competing Business" shall mean any activity relating to the development, manufacture, or the retail or wholesale sale or distribution (including but not limited to sale or distribution through retail, specialty retail, Internet, e-commerce, mail order, multi-level marketing, mass market, or any other channel of distribution) of vitamin and mineral supplements, sports nutrition products, herbs, personal care or other health-related products. "Geographic Area" shall mean the United States and any other country in which the Parent, Company or any affiliate thereof maintains owned or franchised facilities or hosts web sites; or

Employment Covenants. (a) During the Employment Period (as set forth in Section 1 hereof and determined without regard to the termination of Executive's employment), Executive shall not (i) engage in any way, directly or indirectly, in any Competing Business (as defined below) in the Geographic Area (as defined below); PROVIDED, HOWEVER, in no event shall this provision be construed to prohibit Executive's employment with any business in which less than 5% of its consolidated gross revenues for its most recent fiscal year relates to a Competing Business if Executive's responsibilities at such business do not directly relate to a Competing Business. "Competing Business" shall mean any activity relating to the development, manufacture, or the retail or wholesale sale or distribution (including but not limited to sale or distribution through retail, specialty retail, Internet, e-commerce, mail order, multi-level marketing, mass market, or any other channel of distribution) of specialized nutrition products (including, but not limited to, infant milk formula, foods and drinks, clinical nutrition products, and nutriceuticals), vitamin and mineral supplements, sports nutrition products, herbs, personal care or other health-related products. "Geographic Area" shall mean the United States and any other country in which the Parent, Company or any affiliate thereof maintains owned or franchised facilities or hosts web sites; or