Limited Agreement Not to Compete. (a) While employed by the Company and for a period of nine (9) months after the termination of the Employee’s employment with the Company, the Employee shall not, directly or indirectly, as an employee, employer, consultant, agent, principal, partner, manager, stockholder, officer, director, or in any other individual or representative capacity, engage or participate in any business that is competitive with the business of the Company. Notwithstanding the foregoing, the Employee may own less than two percent (2%) of any class of stock or security of any corporation, which competes with the Company listed on a national securities exchange.
(b) While employed by the Company and for a period of twelve (12) months after the termination of the Employee’s employment with the Company, the Employee shall not, directly or indirectly, solicit for employment any person who was employed by the Company at the time of the Employee’s termination from the Company.
Limited Agreement Not to Compete. Executive undertakes that during the term of employment with the Company and for a period of 18 months thereafter: (i) Executive shall not engage, establish, open or in any manner whatsoever become involved, anywhere in the world, directly or indirectly, either as an employee, owner, partner, agent, shareholder, director, consultant or otherwise, in any business, occupation, work or any other activity which is reasonably likely to involve or require the use of any of the Company’s Major Assets, as defined below. Executive confirms that engagement, establishment, opening or involvement, directly or indirectly, either as an employee, owner, partner, agent, shareholder, director, consultant or otherwise, in any business, occupation, work or any other activity which competes with the business of the Company as conducted during the term of employment or contemplated, during such term, to be conducted, is likely to require the use of all or a portion of the Company’s Major Assets; provided, however, that Executive may own equity securities of a public company in an amount not to exceed 2% of the issued and outstanding equity securities of such company; (ii) Executive shall not, directly or indirectly, solicit, hire or retain as an employee, consultant or otherwise, any employee of the Company or induce or attempt to induce any such employee to terminate or reduce the scope of his employment with the Company; and (iii) Executive shall not, directly or indirectly, solicit or induce, or attempt to solicit or induce, any consultant, service provider, agent, distributor, customer or supplier of the Company to terminate, reduce or modify the scope of such person’s engagement with the Company. Executive acknowledges that in light of Executive’s position with the Company and in view of Executive’s exposure to, and involvement in, the Company’s sensitive and valuable proprietary information, property (including, intellectual property) and technologies, as well as its goodwill and business plans (the “Company’s Major Assets”), the provisions of this Section above are reasonable and necessary to legitimately protect the Company’s Major Assets, and are being undertaken by Executive as a condition to the employment of Executive by the Company. Executive confirms that Executive has carefully reviewed the provisions of this Section, fully understands the consequences thereof and has assessed the respective advantages and disadvantages to Executive of entering into this underta...
Limited Agreement Not to Compete. (a) While employed by Company and for a period of nine (9) months after the termination of Employee’s employment with Company, Employee shall not, directly or indirectly, as an employee, employer, consultant, agent, principal, partner, manager, stockholder, officer, director, or in any other individual or representative capacity, engage or participate in any business that is competitive with the business of Company. Notwithstanding the foregoing, Employee may own less than two percent (2%) of any class of stock or security of any corporation, which competes with Company listed on a national securities exchange.
(b) While employed by Company and for a period of twelve (12) months after the termination of Employee’s employment with Company, Employee shall not, directly or indirectly, solicit for employment any person who was employed by Company at the time of Employee’s termination from Company.
Limited Agreement Not to Compete. (a) While employed by EarthWeb, Employee shall not, directly or indirectly, as an employee, employer, consultant, agent, principal, partner, manager, stockholder, officer, director, or in any other individual or representative capacity, engage or participate in any business that is competitive with the business of EarthWeb. Notwithstanding the foregoing, Employee may own less than two percent (2%) of any class of stock or security of any corporation which competes with EarthWeb listed on a national securities exchange.
(b) While employed by Earth Web and for a period of twelve (12) months after the termination of Employee’s employment with EarthWeb, Employee shall not, directly or indirectly, solicit for employment or employ any person who (i) at the time of such solicitation or offer is currently employed by EarthWeb or (ii) has been employed by EarthWeb within three months of such solicitation or offer.
(c) For a period of twelve (12) months after the termination of Employee’s employment with EarthWeb, Employee shall not, directly or indirectly:
(1) work as an employee, employer, consultant, agent, principal, partner, manager, officer, director, or in any other individual or representative capacity for any person or entity that directly competes with Earth Web. For the purpose of this section, the term “directly competing” is defined as a person or entity or division of an entity that is
(i) an on-line service for Information Technology Professionals whose primary business is to provide Information Technology Professionals with a directory of third party technology, software, and/or developer resources; and/or primarily an online reference library for Information Technology Professionals, and/or:
(ii) an on-line store, the primary purpose of which is to sell or distribute third party software or products used for Internet site or software development; or
(2) take away exclusively from EarthWeb for Employee (or for any other person or entity) or any person or entity who or which was an advertiser of EarthWeb during the Employee’s employment at EarthWeb.
Limited Agreement Not to Compete. (a) While employed by Company and for a period of twelve (12) months after the termination of Employee’s employment with Company, Employee shall not, directly or indirectly, as an employee, employer, consultant, agent, principal, partner, manager, stockholder, officer, director, or in any other individual or representative capacity, engage, participate or in any way render services or assistance to any business that is competitive with the business of Company. For purposes of this section, a business would not be deemed “competitive with the business of Company” merely by virtue of its generating online revenue streams. Employee acknowledges that Company’s business is conducted over the World Wide Web and for that reason this restriction cannot be limited in geographic scope. Notwithstanding the foregoing, Employee may own less than two percent (2%) of any class of stock or security of any corporation which competes with Company listed on a national securities exchange.
(b) While employed by Company and for a period of twelve (12) months after the termination of Employee’s employment with Company, Employee shall not, directly or indirectly, solicit for employment or employ any person who was employed by Company at the time of Employee’s termination from Company.
Limited Agreement Not to Compete. For a period of one year from the Effective Date, Executive agrees that he will not directly or indirectly engage in, or have any interest in any person, firm, corporation, limited liability company, limited liability or general partnership, business or other entity (collectively, a "Person") (whether as an employee, officer, director, member, manager, agent, independent contractor, partner, investor, lender, consultant, or otherwise) that engages in any activity that competes with or is competitive with the Business anywhere within a region consisting of a fifty (50) mile radius of Rockford, IL (the "Restricted Territory"). For purposes of this paragraph, prohibited activities will be deemed to be occurring within the Restricted Territory if the Executive or Person: i) has any fixed or permanent location within the Restricted Territory from which he or it conducts activities that compete with the Business; ii) actually conducts any competitive activities within the Restricted Territory; and/or iii) issues a mortgage to any customer that is located within the Restricted Territory. In the event that Executive violates this paragraph, Executive agrees that the period of proscription shall be extended to a period of one year from the date that he ceases (whether voluntarily, by court order or otherwise) to engage in or do those acts constituting the violation of this paragraph. Notwithstanding the foregoing, Executive may own 1% or less of the issued and outstanding shares of stock in any publicly traded company, regardless of whether such company engages in the activities described in this paragraph.
Limited Agreement Not to Compete. (a) While employed by Company and for a period of twelve (12) months after the termination of Employee's employment with Company, Employee shall not, directly or indirectly, as an employee, employer, consultant, agent, principal, partner, manager, stockholder, officer, director, or in any other individual or representative capacity, engage, participate or in any way render services or assistance to any business that is competitive with the business of Company. Employee acknowledges that Company's business is conducted over the World Wide Web and for that reason this restriction cannot be limited in geographic scope. Notwithstanding the foregoing, Employee may own less than two percent (2%) of any class of stock or security of any corporation which competes with Company listed on a national securities exchange.
(b) While employed by Company and for a period of twelve (12) months after the termination of Employee's employment with Company, Employee shall not, directly or indirectly, solicit for employment or employ any person who was employed by Company at the time of Employee's termination from Company.
Limited Agreement Not to Compete. (a) Employee agrees to devote such business time and energies to the loyal furtherance of Company’s Business by performance as set forth in this Agreement. While employed by Company, Employee shall not, directly or indirectly, as an employee, employer, consultant, agent, principal, partner, manager, stockholder, officer, director, or in any other individual or representative capacity, engage or participate in any business that is competitive with Company’s Business. Notwithstanding the foregoing, Employee may own less than two percent (2%) of any class of stock or security of any corporation, which competes with Business of Company, listed on a national securities exchange. Further, the foregoing shall not prohibit Employee from performing work outside the scope of this Agreement provided it is not in competition with or against Company’s Business, including work to ensure Mobdub, LLC meets contractual obligations, and to satisfy pre-existing engagements, which Employee represents do not compete with Company’s Business. Employee will ensure that any work outside the scope of this Agreement does not interfere with Employee’s obligations to Company during normal business hours. WorldNow Employment Agreement
(b) While employed by Company and for a period of twelve (12) months after the termination or cessation of Employee’s employment with Company, Employee shall not, directly or indirectly, solicit for employment or employ any person who was employed by Company during Employee’s employment with Company or who is employed with Company during such twelve (12) month period.
(c) For a period of twelve (12) months after the termination or cessation of Employee’s employment with Company, Employee shall not, directly or indirectly:
(i) work as an employee, employer, consultant, agent, principal, partner, manager, stockholder, officer, director, or in any other individual or representative capacity for any person or entity who or which was a customer of Company during Employee’s employment with Company; or
(ii) work as an employee, employer, consultant, agent, principal, partner, manager, stockholder, officer, director, or in any other individual or representative capacity for any person or entity who competes with Business of Company (including any affiliate, parent subsidiary of such a competitor); or
(iii) call on, solicit, or take away for Employee or for any other person or entity any person or entity who or which was a customer of Company during Employee’s emp...
Limited Agreement Not to Compete. (a) While employed by EarthWeb, Employee shall not, directly or indirectly, as an employee, employer, consultant, agent, principal, partner, manager, stockholder, officer, director, or in any other individual or representative capacity, engage or participate in any business that is competitive with the business of EarthWeb. Notwithstanding the foregoing, Employee may own less than two percent (2%) of any class of stock or security of any corporation which competes with EarthWeb listed on a national securities exchange.
(b) While employed by EarthWeb and for a period of twelve (12) months after the termination of Employee's employment with EarthWeb, Employee shall not, directly or indirectly, solicit for employment or employ any person who was employed by EarthWeb during Employee's employment with EarthWeb.
(c) For a period of twelve (12) months after the termination of Employee's employment with EarthWeb, Employee shall not, directly or indirectly:
(1) work as an employee, employer, consultant, agent, principal, partner, manager, officer, director, or in any other individual or representative capacity for any person or entity on a project which directly competes with a project of EarthWeb. For the purpose of this section, the term "project" is defined as any formal or informal business activity, goal, product, service, or function which is implemented or is expected to be implemented. For the purpose of this section, the term "directly competing" is defined as (a) any project which in its main capacity functions as (i) an on-line service for Internet software and site developers, in which the primary purpose of such on-line service is to provide such developers with a directory of third party Internet technology and/or developer resources and/or (ii) an on-line store in which the primary purpose of such is to sell or distribute third party software or products used for Internet site or software development; or (b) a project which in its main capacity develops and/or markets interactive community or conferencing products or services based on technology written in Java, excluding any person, project or entity whose on-line service or product merely incorporates a community or conferencing function as a secondary feature,
Limited Agreement Not to Compete. (a) During the term of this Agreement and for a period of twelve (12) months after the termination of Consultant's Services with EarthWeb, Consultant shall not, directly or indirectly, solicit for employment or employ any employee or consultant to EarthWeb or any person who was employed by or acted as a consultant to EarthWeb while this Agreement was in effect, except that Consultant may solicit for employment or employ (i) any consultant to or part- time employee of EarthWeb so long as such relationship does not, in the sole opinion of EarthWeb, materially infringe upon the services provided or to be provided to EarthWeb by such persons, or (ii) any employee of EarthWeb who was terminated by EarthWeb without cause or who ceased to serve in such capacity of his or her own volition without any solicitation by or on behalf of Consultant and provided that in the case of either of the foregoing a period of four (4) months has expired since the termination of his or her relationship with EarthWeb.
(1) During the term of this Agreement and for a period of two (2) years after the termination of this Agreement (subject to extension as provided in clause (2) of this subsection (b)), Consultant shall not, directly or indirectly:
(A) act on his own behalf (or for any entity which he, directly or indirectly, controls) as a direct competitor of EarthWeb or work as an employee, employer, consultant, agent, principal, partner, manager, officer, director, or in any other individual or representative capacity, for any person or entity who or which is a direct competitor of EarthWeb; except that, with the written consent of EarthWeb, which can be withheld at EarthWeb's sole discretion in the event the direct competitor is listed in the last sentence of this subparagraph (A) and, otherwise, can be withheld at EarthWeb's reasonable discretion, Consultant shall be permitted to work for a separate and distinct division or subsidiary of a direct competitor (other than the direct competitors enumerated below) provided such division or subsidiary does not develop, market, sell, license, own or operate an on-line service for software developers, internet site developers and/or information technology ("IT") professionals (collectively, "IT professionals") or any software relating thereto and Consultant has no involvement with any of the foregoing. A "direct competitor" includes any person or entity who or which develops, markets, sells, licenses, owns or operates a public and/or com...
