Common use of Engage in a Competitive Activity Clause in Contracts

Engage in a Competitive Activity. For purposes of this Agreement, the Employee shall be considered to have engaged in a Competitive Activity if the Employee: (i) directly or indirectly, or by action in concert with others, solicits, induces, or influences, or attempts to solicit, induce or influence, any other employee or consultant of the Company or any direct or indirect subsidiary to terminate their employment or other business arrangements with Company or any direct or indirect subsidiary, or to engage in any Competing Business (as hereinafter defined) or hires, employs, engages (including as a consultant or partner) or otherwise enters into a Competing Business with any such person, (ii) solicits any of the customers of the Company or any direct or indirect subsidiary (or any of their employees), induces such customers or their employees to reduce their volume of business with, terminate their relationship with or otherwise adversely affect their relationship with, Company or any direct or indirect subsidiary, (iii) does business with any person who was a customer of the Company or any direct or indirect subsidiary during the twelve-month period prior to the Employee’s date of termination if such business would constitute a Competing Business, (iv) directly or indirectly engages in, represents in any way, or is connected with, any Competing Business, directly competing with the business of the Company or any direct or indirect subsidiary, whether such engagement shall be an as officer, director, owner, employee, partner, consultant, affiliate or other participant in any Competing Business or (v) assists others in engaging in any Competing Business in the manner described in the foregoing clause (iv). An activity shall be deemed to be a “Competing Business” if it competes with any business conducted by the Company or any of its current or future affiliates. However, this provision shall not be enforceable and Employee shall be permitted to engage in Competitive Activity if Employee’s termination of employment is without cause as defined in Section 5. The Company may elect, in its sole discretion, to continue to pay Employee all compensation set forth in Section 3 for up to one year from the date of Employee’s termination of employment without cause and, in such case, Employee shall be prohibited from engaging in Competitive Activity during such time period.

Appears in 1 contract

Samples: Employment Agreement (InfuSystem Holdings, Inc)

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Engage in a Competitive Activity. For purposes of this Agreement, the Employee shall be considered to have engaged in a Competitive Activity if the Employee: (i) directly or indirectly, or by action in concert with others, solicits, induces, or influences, or attempts to solicit, induce or influence, any other employee or consultant of the Company or any direct or indirect subsidiary to terminate their employment or other business arrangements with Company or any direct or indirect subsidiary, or to engage in any Competing Business (as hereinafter defined) or hires, employs, engages (including as a consultant or partner) or otherwise enters into a Competing Business with any such person, (ii) solicits any of the customers of the Company or any direct or indirect subsidiary (or any of their employees), induces such customers or their employees to reduce their volume of business with, terminate their relationship with or otherwise adversely affect their relationship with, Company or any direct or indirect subsidiary, (iii) does business with any person who was a customer of the Company or any direct or indirect subsidiary during the twelve-month period prior to the Employee’s date of termination if such business would constitute a Competing Business, (iv) directly or indirectly engages in, represents in any way, or is connected with, any Competing Business, directly competing with the business of the Company or any direct or indirect subsidiary, whether such engagement shall be an as officer, director, owner, employee, partner, consultant, affiliate or other participant in any Competing Business or (v) assists others in engaging in any Competing Business in the manner described in the foregoing clause (iv). An activity shall be deemed to be a “Competing Business” if it competes with any business conducted by the Company or any of its current or future affiliates. However, this provision shall not be enforceable and Employee shall be permitted to engage in Competitive Activity if Employee’s termination of employment is without cause as defined in Section 5. The Company may elect, in its sole discretion, to continue to pay Employee all compensation set forth in Section 3 for up to one year from the date of Employee’s termination of employment without cause and, in such case, Employee shall be prohibited from engaging in Competitive Activity during such time period.

Appears in 1 contract

Samples: Employment Agreement (InfuSystem Holdings, Inc)

Engage in a Competitive Activity. For purposes of this Agreement, the Employee shall be considered to have engaged in a Competitive Activity if the Employee: (i) directly or indirectly, or by action in concert with others, solicits, induces, or influences, or attempts to solicit, induce or influence, any other employee or consultant of the Company or any direct or indirect subsidiary to terminate their employment or other business arrangements with Company or any direct or indirect subsidiary, or to engage in any Competing Business (as hereinafter defined) or hires, employs, engages (including as a consultant or partner) or otherwise enters into a Competing Business with any such person, (ii) solicits any of the customers of the Company or any direct or indirect subsidiary (or any of their employees), induces such customers or their employees to reduce their volume of business with, terminate their relationship with or otherwise adversely affect their relationship with, Company or any direct or indirect subsidiary, (iii) does business with any person who was a customer of the Company or any direct or indirect subsidiary during the twelve-month period prior to the Employee’s date of termination if such business would constitute a Competing Business, (iv) directly or indirectly engages in, represents in any way, or is connected with, any Competing Business, directly competing with the business of the Company or any direct or indirect subsidiary, whether such engagement shall be an as officer, director, owner, employee, partner, consultant, affiliate or other participant in any Competing Business or (v) assists others in engaging in any Competing Business in the manner described in the foregoing clause (iv). An activity shall be deemed to be a “Competing Business” if it competes with any business conducted by the Company or any of its current or future affiliates. However, this provision shall not be enforceable and Employee shall be permitted to engage in Competitive Activity if Employee’s termination of employment is without cause as defined in Section 5. The Company may elect, in its sole discretion, to continue to pay Employee all compensation set forth in Section 3 3. for up to one year from the date of Employee’s termination of employment without cause cause, and, in such case, Employee shall be prohibited from engaging in Competitive Activity during such time period.

Appears in 1 contract

Samples: Employment Agreement (InfuSystem Holdings, Inc)

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Engage in a Competitive Activity. For purposes of this Agreement, the Employee shall be considered to have engaged in a Competitive Activity if the Employee: (i) directly or indirectly, or by action in concert with others, solicits, induces, or influences, or attempts to solicit, induce or influence, any other employee or consultant of the Company Parent, or any direct or indirect subsidiary to terminate their employment or other business arrangements with Company the Parent, or any direct or indirect subsidiary, or to engage in any Competing Business (as hereinafter defined) or hires, employs, engages (including as a consultant or partner) or otherwise enters into a Competing Business with any such person, (ii) solicits any of the customers of the Company Parent, or any direct or indirect subsidiary (or any of their employees), induces such customers or their employees to reduce their volume of business with, terminate their relationship with or otherwise adversely affect their relationship with, Company the Parent, or any direct or indirect subsidiary, (iii) does business with any person who was a customer of the Company Parent, or any direct or indirect subsidiary during the twelve-month period prior to the Employee’s date of termination if such business would constitute a Competing Business, (iv) directly or indirectly engages in, represents in any way, or is connected with, any Competing Business, directly competing with the business of the Company Parent, or any direct or indirect subsidiary, whether such engagement shall be an as officer, director, owner, employee, partner, consultant, affiliate or other participant in any Competing Business or (v) assists others in engaging in any Competing Business in the manner described in the foregoing clause (iv). An activity shall be deemed to be a “Competing Business” if it competes with any business conducted by the Company Parent, or any of its current or future affiliates. However, this provision shall not be enforceable and Employee shall be permitted to engage in Competitive Activity if Employee’s termination of employment is without cause as defined in Section 5. The Company may elect, in its sole discretion, to continue to pay Employee all compensation set forth in Section 3 for up to one year from the date of Employee’s termination of employment without cause and, in such case, Employee shall be prohibited from engaging in Competitive Activity during such time period.

Appears in 1 contract

Samples: Employment Agreement (InfuSystem Holdings, Inc)

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