Common use of Employment Covenants Clause in Contracts

Employment Covenants. (a) Executive agrees that from the date hereof through the later of (i) the third anniversary of the Merger, or (ii) the period ending on the second anniversary of Executive's termination of employment for any reason (the "Non-Competition Period"), Executive shall not: (A) 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 or herbs, or any other product which competes with products being offered for sale or under development by the Company or any subsidiary thereof. "Geographic Area" shall mean (1) the United States and (2) any other country in which the Parent, Company or any affiliate thereof owns, leases or franchises locations, hosts web sites or otherwise conducts business; or