Common use of Exclusivity Covenant Clause in Contracts

Exclusivity Covenant. During the Agreement’s term, Employee will not undertake or engage in any other employment, occupation or business enterprise other than a business enterprise in which Employee does not actively participate. Further, Employee agrees not to acquire, assume, or participate in, directly or indirectly, any position, investment, or interest adverse or antagonistic to the Company, its business prospects, financial or otherwise, or take any action towards any of the foregoing. The provisions of this Section shall not prevent Employee from owning shares of any competitor of the company as long as such shares (i) do not constitute more than 1% of the outstanding equity of such competitor, and (ii) are regularly traded on a recognized exchange, or listed for trading by NASDAQ in the over-the-counter market.

Appears in 4 contracts

Samples: Employment Agreement (Drugmax Inc), Employment Agreement (Familymeds Group, Inc.), Employment Agreement (Drugmax Inc)

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Exclusivity Covenant. During the Agreement’s 's term, Employee will not undertake or engage in any other employment, occupation or business enterprise other than a business enterprise in which Employee does not actively participate. Further, Employee agrees not to acquire, assume, or participate in, directly or indirectly, any position, investment, or interest in the Territory adverse or antagonistic to the Company, its business or prospects, financial or otherwise, or take any action towards any of the foregoing. The provisions of this Section shall not prevent Employee from owning shares of any competitor of the company as Company so long as such shares (i) do not constitute more than [1% %] [5%] of the outstanding equity of such competitor, and (ii) are regularly traded on a recognized exchange, exchange or listed for trading by NASDAQ in the over-the-counter market.

Appears in 3 contracts

Samples: Employment and Stock Purchase Agreement (Hispanamerica Corp), Employment and Stock Purchase Agreement (Hispanamerica Corp), Employment and Stock Purchase Agreement (Hispanamerica Corp)

Exclusivity Covenant. During the Agreement’s term, Employee will not undertake or engage in any other employment, occupation or business enterprise other than a business enterprise in which Employee does not actively participate. Further, Employee agrees not to acquire, assume, or participate in, directly or indirectly, any position, investment, or interest in the Territory adverse or antagonistic to the Company, its business or prospects, financial or otherwise, or take any action towards any of the foregoing. The provisions of this Section shall not prevent Employee from owning shares of any competitor of the company as Company so long as such shares (i) do not constitute more than 15% of the outstanding equity of such competitor, and (ii) are regularly traded on a recognized exchange, exchange or listed for trading by NASDAQ in the over-the-counter market.

Appears in 3 contracts

Samples: Employment Agreement (Premier Energy Corp.), Employment Agreement (Premier Energy Corp.), Employment Agreement (Premier Energy Corp.)

Exclusivity Covenant. During the Agreement’s 's term, Employee will not undertake or engage in any other employment, occupation or business enterprise other than a business enterprise in which Employee does not actively participate. Further, Employee agrees not to acquire, assume, or participate in, directly or indirectly, any position, investment, or interest in the Territory adverse or antagonistic to the Company, its business or prospects, financial or otherwise, or take any action towards any of the foregoing. The provisions of this Section shall not prevent Employee from owning shares of any competitor of the company as Company so long as such shares (i) do not constitute more than 15% of the outstanding equity of such competitor, and (ii) are regularly traded on a recognized exchange, exchange or listed for trading by NASDAQ in the over-the-counter market.

Appears in 1 contract

Samples: Employment and Stock Purchase Agreement (Premier Energy Corp.)

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Exclusivity Covenant. During the Agreement’s 's term, Employee will not undertake or engage in any other employment, occupation or business enterprise other than a a, business enterprise in which Employee employee does not actively participate. Further, Employee agrees agrees, not to acquire, assume, or participate in, directly or indirectly, any position, investment, or interest in the Territory adverse or antagonistic to the Company, its business or prospects, financial or otherwise, or take any action towards any of the foregoing. The provisions provision of this Section shall not prevent Employee from owning shares of any competitor of the company as Company so long as such shares (i) do not constitute more than 1% five percent(5%) of the outstanding equity of such competitor, and (ii) are regularly traded on a recognized exchange, exchange or listed for trading by NASDAQ in the over-the-counter market.

Appears in 1 contract

Samples: Joshua Tree Construction (Joshua Tree Construction Inc)

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