Common use of Limitation of Activities Clause in Contracts

Limitation of Activities. Danziger agrees that, during the term of this Agreement and for a xxxxxx xf two (2) years after the Termination Date, except in accordance with her duties under this Agreement on behalf of the Company, the foregoing restrictions shall be understood to prohibit Danziger from participating in the following non-exclusive list of acxxxxxxxx. (a) Participate in, be employed in any capacity by, serve as director, consultant, agent or representative for, or have any interest, directly or indirectly, in any enterprise which is engaged in a business competitive to any products or services of the Company or any of its subsidiaries, affiliates or joint ventures existing or proposed, or at the locations at which any of such entities is providing services or proposes to provide services at any time during the term of this Agreement, or which are competitive to any products and services offered or being actively developed by the Company to Danziger's knowledge, with the bona fide intent to market same. (b) In addition, Danziger agrees that she shall observe the covenants set xxxxx xn this Section G and shall not own, either directly or indirectly or through or in conjunction with one or more members of her family or her spouse's family or through any trust or other contractual arrangement, a greater than five percent (5%) interest in, or otherwise control either directly or indirectly, any partnership, corporation, or other entity which has products and services that are competitive to any products and services being developed or otherwise offered by the Company during the term of this Agreement or being actively developed by the Company during the term of this Agreement with a bona fide intent to market same. Danziger further agrees, for such two-year period followixx xxx Effective Date, to refrain from directly or indirectly soliciting the Company's vendors, customers or employees, except that the Danziger may solicit the Company's vendors or customers ix xxxxxxtion with a business that does not compete with the Company. (c) Danziger agrees not to provide services as an employee or ax x xxxsultant to any entity that is competitive, directly or indirectly, with the Company or its products and services.

Appears in 1 contract

Samples: Employment Agreement (Lightpath Technologies Inc)

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Limitation of Activities. Danziger Employee agrees that, during the term of this Agreement and for a xxxxxx xf period of two (2) years after the Termination Date, except in accordance with her duties termination of this agreement or the date employer last makes a payment to employee under this Agreement on behalf Agreement, he shall not engage in, plan for, organize, work for, or assist, directly or indirectly, any business that is competitive, directly or indirectly, with Employer's business, nor solicit participants in or customers of the CompanyEmployer's program, nor use Employee's knowledge of Employer or its business in any manner that competes with Employer. As used in this paragraph 19, the term Employer includes SkyMall, Inc. and any of its affiliates or subsidiaries. The foregoing restrictions shall be understood to prohibit Danziger Employee from participating in the following non-exclusive list of acxxxxxxxxactivities: (i) Provide services as an employee, director, consultant, agent, or representative to any company or other entity that is competitive, directly or indirectly, with Employer's plans and initiatives for the Internet or interactive shopping. (aii) Provide services as an employee, director, consultant, agent, or representative to any catalog company or other entity that is competitive, directly or indirectly, with Employer or its products and services or entities in which SkyMall has an equity interest. (iii) Directly or indirectly solicit Employer's vendors, customers, employees, business partners or similar third parties for any activity that is directly or indirectly competitive with Employer. (iv) Participate in, be employed in any capacity by, serve as director, consultant, agent or representative for, or have any interest, directly or indirectly, in any entity or enterprise which is engaged in a business directly or indirectly competitive to any products or services of the Company or any of its subsidiaries, affiliates or joint ventures existing or proposed, or at the locations at which any of such entities is providing services or proposes to provide services at any time during the term of this AgreementEmployer, or which are is competitive to any products and services offered or being actively developed by the Company to Danziger's knowledge, Employer with the bona fide intent to market same. Without limiting the generality of the foregoing, Employee agrees that it shall be a violation of this Agreement for Employee to participate in, be employed in any capacity by, serve as director, consultant, agent or representative for, or have any interest, directly or indirectly, in the following companies or any of their affiliates: Genesis Direct, Cornerstone Group, CUC International, Inc., Hanover and Cinmar Group. (bv) In addition, Danziger agrees that she shall observe the covenants set xxxxx xn this Section G and shall not ownOwn, either directly or indirectly or through or in conjunction with one or more members of her his family or her his spouse's family or through any trust or other contractual arrangement, a greater than five percent (5%) interest in, or otherwise control either directly or indirectly, any partnership, corporation, or other entity which has products and services that are competitive to any products and services being developed or otherwise offered by the Company during the term of this Agreement Employer or being actively developed by the Company during the term of this Agreement Employer with a bona fide intent to market same. Danziger further agrees, for such two-year period followixx xxx Effective Date, to refrain from directly or indirectly soliciting the Company's vendors, customers or employees, except that the Danziger may solicit the Company's vendors or customers ix xxxxxxtion with a business that does not compete with the Company. (c) Danziger agrees not to provide services as an employee or ax x xxxsultant to any entity that is competitive, directly or indirectly, with the Company or its products and services.

Appears in 1 contract

Samples: Employment Agreement (Skymall Inc)

Limitation of Activities. Danziger Employee agrees that, during the term of this Agreement and for a xxxxxx xf period of two (2) years after the Termination Date, except in accordance with her duties termination of this Agreement or the date employer last makes a payment to employee under this Agreement on behalf Agreement, he shall not engage in, plan for, organize, work for, or assist, directly or indirectly, any business that is competitive, directly or indirectly, with Employer's business, nor solicit participants in or customers of the CompanyEmployer's program, nor use Employee's knowledge of Employer or its business in any manner that competes with Employer. As used in this Section 18, the term Employer includes SkyMall, Inc. and any of its affiliates or subsidiaries. The foregoing restrictions shall be understood to prohibit Danziger Employee from participating in the following non-exclusive list of acxxxxxxxxactivities: (i) Provide services as an employee, director, consultant, agent, or representative to any company or other entity that is competitive, directly or indirectly, with Employer's plans and initiatives for the Internet, Catalog or interactive shopping. (aii) Provide services as an employee, director, consultant, agent, or representative to any catalog company or other entity that is competitive, directly or indirectly, with Employer or its products and services or entities in which SkyMall has an equity interest. (iii) Directly or indirectly solicit Employer's vendors, customers, employees, business partners or similar third parties for any activity that is directly or indirectly competitive with Employer. (iv) Participate in, be employed in any capacity by, serve as director, consultant, agent or representative for, or have any interest, directly or indirectly, in any entity or enterprise which is engaged in a business directly or indirectly competitive to any products or services of the Company or any of its subsidiaries, affiliates or joint ventures existing or proposed, or at the locations at which any of such entities is providing services or proposes to provide services at any time during the term of this AgreementEmployer, or which are is competitive to any products and services offered or being actively developed by the Company to Danziger's knowledge, Employer with the bona fide intent to market same. (bv) In addition, Danziger agrees that she shall observe the covenants set xxxxx xn this Section G and shall not ownOwn, either directly or indirectly or through or in conjunction with one or more members of her his family or her his spouse's family or through any trust or other contractual arrangement, a greater than five percent (5%) interest in, or otherwise control either directly or indirectly, any partnership, corporation, or other entity which has products and services that are competitive to any products and services being developed or otherwise offered by the Company during the term of this Agreement Employer or being actively developed by the Company during the term of this Agreement Employer with a bona fide intent to market same. Danziger further agrees, for such two-year period followixx xxx Effective Date, to refrain from directly or indirectly soliciting the Company's vendors, customers or employees, except that the Danziger may solicit the Company's vendors or customers ix xxxxxxtion with a business that does not compete with the Company. (c) Danziger agrees not to provide services as an employee or ax x xxxsultant to any entity that is competitive, directly or indirectly, with the Company or its products and services.

Appears in 1 contract

Samples: Employment Agreement (Skymall Inc)

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Limitation of Activities. Danziger Except as specifically provided in Section 15(b), Employee agrees that, during the term of this Agreement and for a xxxxxx xf period of two (2) years after the Termination Date, except in accordance with her duties termination of this Agreement or the date employer last makes a payment to employee under this Agreement on behalf Agreement, he shall not engage in, plan for, organize, work for, or assist, directly or indirectly, any business that is competitive, directly or indirectly, with Employer's business, nor solicit participants in or customers of the CompanyEmployer's program, nor use Employee's knowledge of Employer or its business in any manner that competes with Employer. As used in this Section 17, the term Employer includes SkyMall, Inc. and any of its affiliates or subsidiaries. The foregoing restrictions shall be understood to prohibit Danziger Employee from participating in the following non-exclusive list of acxxxxxxxxactivities: (i) Provide services as an employee, director, consultant, agent, or representative to any company or other entity that is competitive, directly or indirectly, with Employer's plans and initiatives for the Internet, Catalog or interactive shopping. (aii) Provide services as an employee, director, consultant, agent, or representative to any catalog company or other entity that is competitive, directly or indirectly, with Employer or its products and services or entities in which SkyMall has an equity interest. (iii) Directly or indirectly solicit Employer's vendors, customers, employees, business partners or similar third parties for any activity that is directly or indirectly competitive with Employer. (iv) Participate in, be employed in any capacity by, serve as director, consultant, agent or representative for, or have any interest, directly or indirectly, in any entity or enterprise which is engaged in a business directly or indirectly competitive to any products or services of the Company or any of its subsidiaries, affiliates or joint ventures existing or proposed, or at the locations at which any of such entities is providing services or proposes to provide services at any time during the term of this AgreementEmployer, or which are is competitive to any products and services offered or being actively developed by the Company to Danziger's knowledge, Employer with the bona fide intent to market same. (bv) In addition, Danziger agrees that she shall observe the covenants set xxxxx xn this Section G and shall not ownOwn, either directly or indirectly or through or in conjunction with one or more members of her his family or her his spouse's family or through any trust or other contractual arrangement, a greater than five percent (5%) interest in, or otherwise control either directly or indirectly, any partnership, corporation, or other entity which has products and services that are competitive to any products and services being developed or otherwise offered by the Company during the term of this Agreement Employer or being actively developed by the Company during the term of this Agreement Employer with a bona fide intent to market same. Danziger further agrees, for such two-year period followixx xxx Effective Date, to refrain from directly or indirectly soliciting the Company's vendors, customers or employees, except that the Danziger may solicit the Company's vendors or customers ix xxxxxxtion with a business that does not compete with the Company. (c) Danziger agrees not to provide services as an employee or ax x xxxsultant to any entity that is competitive, directly or indirectly, with the Company or its products and services.

Appears in 1 contract

Samples: Employment Agreement (Skymall Inc)

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