No Competing Activities. Mariner agrees that, while he is ----------------------- employed by the Company, he shall not engage or participate in any state of the United States, directly or indirectly, either as an owner, partner, director, trustee, officer, employee, consultant, advisor or in any other individual or representative capacity, in any activity which is the same as, similar to or competitive in any manner with the business of the Company or its members or affiliates (herein, a "Competing Activity") or have any investment in a business which is engaged in a Competing Activity (other than an ownership interest of less than 5% of any company whose securities are listed on the New York Stock Exchange, the American Stock Exchange or the Nasdaq National Market or Nasdaq Small Cap Market). Mariner further agrees that in the event of a termination for good cause as set forth in Section 3.2 hereof or Mariner's election to terminate employment pursuant to Section 3.3 hereof, he shall not, for a two- year period following such termination of employment, engage in a Competing Activity or have any investment in a business which is engaged in a Competing Activity (other than an ownership interest of less than 5% of any company whose securities are listed on the New York Stock Exchange, the American Stock Exchange or the Nasdaq National Market or Nasdaq Small Cap Market).
No Competing Activities. During the term of this Agreement and for a period of two (2) years (six (6) months if following termination by EE for any cause other than as set out in Article 6.2 above) following termination of same, Executive shall not, directly or indirectly, either as an employee, employer, consultant, agent, Principal, Partner, Stockholder, corporate officer, director, or in any other individual or representative capacity, engage or participate in any business whatsoever that is in direct competition in any manner with the core products and technologies of EE within North America, unless a Court of competent Jurisdiction shall determine that the scope and/or time of this Agreement renders it unenforceable, in which case the scope and/or time shall be reduced to that which the Court deems reasonable and enforceable.
No Competing Activities. During the term of this Agreement and for a period of three years (six months if following termination by GKIS for any cause other than as set out in 4.2 above) following termination of same, XXXXXXX shall not, directly or indirectly, either as an employee, employer, consultant, agent, Principal, Partner, Stockholder, corporate officer, director, or in any other individual or representative capacity, engage or participate in any business whatsoever that is in direct competition in any manner whatsoever with the core products and technologies (Smart One Trainer and its derivatives, Smart Enterprise, Doorways, Smart Support, Smart Perform or other Carnot derived products, and their successors and any other subsequent core businesses) of this Corporation within North America, unless a Court of competent Jurisdiction shall determine that the scope and/or time of this agreement renders it unenforceable, in which case the scope and/or time shall be reduced to that which the Court deems reasonable and enforceable. This provision shall not be construed to prevent XXXXXXX from accepting employment in the areas of public accounting or private accounting, administrative or information technology functions considered generic to industry, and which do not utilize any of the Corporation's core technologies or products.
No Competing Activities. During the term of this Agreement and for a period of three years (six months if following termination by GKIS for any cause other than as set out in 4.2 above) following termination of same, Kimmons shall not, directly or indirectly, either as an employee, xxxxxxxr, consultant, agent, Principal, Partner, Stockholder, corporate officer, director, or in any other individual or representative capacity, engage or participate in any business whatsoever that is in direct competition in any manner whatsoever with the core products and technologies (SMART ONE Trainer and its derivatives, SMART ENTERPRISE, DOORWAYS, SMART SUPPORT, SMART PERFORM or other CARNOT derived products, and their successors and any other subsequent core businesses) of this Corporation within North America, unless a Court of competent Jurisdiction shall determine that the scope and/or time of this agreement renders it unenforceable, in which case the scope and/or time shall be reduced to that which the Court deems reasonable and enforceable. This provision shall not be construed to prevent Kimmons from accepting employment in the areas of industry standarx xxxxxamming, operating systems or computer manufacturing and sales, standard corporate training systems and administration or other information technology functions considered generic to the computer or training industry, and which do not utilize any of the Corporation's core technologies or products.
No Competing Activities. Executive acknowledges that the agreements and covenants contained in this Section 7 are essential to protect the value of the Company's business and assets and by his current employment with the Company and its subsidiaries, Executive has obtained and will obtain such knowledge, contacts, know-how, training, experience and information relating to the Company's business operations and there is a substantial probability that such knowledge, know-how, contacts, training, experience and information could be used to the substantial advantage of a competitor of the Company and to the Company's substantial detriment. Therefore, Executive agrees that, subject to the last sentence of this Section 7(a), for the period commencing on the date of this Agreement and ending on the second anniversary of the termination of Executive's employment hereunder (such period is hereinafter referred to as the "Restricted Period"), Executive shall not, in any state in the United States of America in which the Company or any of its subsidiaries underwrites or issues policies or otherwise engages in business, (A) participate or engage, directly or indirectly, for himself or on behalf of or in conjunction with any person, partnership, corporation or other entity, whether as an employee, agent, officer, director, shareholder, partner, joint venturer, investor or otherwise, in any business activities that compete with the businesses conducted or proposed to be conducted by the Company or any subsidiary, division or affiliate thereof at the time of such termination; or (B) directly or indirectly interfere with or disrupt, or attempt to interfere with or disrupt, the relationship, contractual or otherwise, between the Company or any of its subsidiaries, divisions or affiliates and any customer, client, agent, distributor, consultant, independent contractor or employee of the Company or any of its subsidiaries, divisions or affiliates.
No Competing Activities. During the term of this Agreement and for a period of three years following termination of same Xxxxxxxx shall not, directly or indirectly, either as an employee, employer, consultant, agent, Principal, Partner, Stockholder, corporate officer, director, or in any other individual or representative capacity, engage or participate in any business whatsoever that is in direct competition in any manner whatsoever with the core products and technologies (Smart One Trainer, Smart Enterprise, Smart Agent, Smart Support, Smart Perform or other Carnot derived products, and their successors and any other subsequent core businesses) of this Corporation within North America, unless a Court of competent Jurisdiction shall determine that the scope and/or time of this agreement renders it unenforceable, in which case the scope and/or time shall be reduced to that which the Court deems reasonable and enforceable. This provision shall not be construed to prevent Xxxxxxxx from accepting employment in the area of Microsoft Access programming, system analysis and administration or information technology functions considered generic to the industry, not utilizing any of the Corporation's core technologies or products.
No Competing Activities. While this Agreement is in effect and for a period of one (1) year following its termination pursuant to Section 6.01 or Section 6.04(b), and if the Executive accepts the payment specified in Section 6.01b, the Executive shall not directly or indirectly, either as an employee, employer, officer, director, agent, consultant, partner or other investor (except for investments no greater than 5% of any entity) or in any other individual or representative capacity, engage or participate in any business or profession that is in substantial direct competition with the business of the Company. For the purposes of this paragraph, a business enterprise with which the Executive becomes associated as an employee, employer, officer, director, agent, consultant, partner or other investor shall be considered in "substantial direct competition" with the Company if it is engaged in the restaurant or gift shop business within the continental United States. Without limiting the list of companies engaged in substantial direct competition, the following companies are considered to certainly fall within that definition: Advantica Restaurants, Xxxxxxxx'x International, Avado Brands, Inc., Xxx Xxxxx Farms, Xxxxxxx International, Cheesecake Factory, Inc., Xxxxxx Restaurants, Inc., Eateries, Inc., Il Fornaio Corporation, O'Charley's, Outback Steakhouse, RARE Hospitality and Roadhouse Grill. This Section does not prohibit the Executive from engaging in any transaction which is approved in writing by the Board of Directors of the Company and this Section does not apply following normal expiration of this Agreement. The Executive may shorten the one-year period of non-competition by repaying to the Company the pro-rated balance of the payment received pursuant to Section 6.01b (each remaining day being considered 1/360 of the total). Executive understands and acknowledges that his violation of this covenant not to compete would cause irreparable harm to Company and Company would be entitled to an injunction by any court of competent jurisdiction enjoining and restraining Executive from any employment, service, or other act prohibited by this Agreement. Executive and Company recognize and acknowledge that the scope, area and time limitations contained in this Agreement are reasonable. In addition, Executive and Company recognize and acknowledge that the scope, area and time limitations are properly required for the protection of the business interests of Company due to Executive's stat...
No Competing Activities. While this Agreement is in effect, and for 1-year following termination of the Executive's employment for cause or by the Executive's voluntary resignation, the Executive shall not directly or indirectly, either as an employee, employer, officer, director, agent, consultant, partner or other investor (except for investments no greater than 5% of any entity) or in any other individual or representative capacity, engage or participate in any business or profession that is in substantial direct competition with the business of the Company. For the purposes of this paragraph, a business enterprise with which the Executive becomes associated as an employee, employer, officer, director, agent, consultant, partner or other investor shall be considered in "substantial direct competition" with the Company if it is engaged in the restaurant or gift shop business. Without limiting the list of companies engaged in substantial direct competition, the following companies are considered to certainly fall within that definition: Advantica Restaurants, Applebee's International, Xxxxx Xxxnds, Inc., Bob Evans Farms, Brinker Xxxxxxxxxonal, Chxxxxxxxe Factory, Inc., Darden Restaurants, Inc., Xx Xxrnaio Corporation, O' Charley's, Outback Steakhouse, RARE Hospitality and Roadhouse Grill. This Section does not prohibit the Executive from engaging in any transaction which is approved in writing by the Board of Directors of the Company and this Section does not apply following normal expiration of this Agreement.
No Competing Activities. Lee xxrees that, while he is employed by the Company, he shall not engage or participate in any state of the United States or in Korea, directly or indirectly, either as an owner, partner, director, trustee, officer, employee, consultant, advisor or in any other individual or representative capacity, in any activity which is the same as, similar to or competitive in any manner with the business of the Company or its members or affiliates (herein, a "Competing Activity") or have any investment in a business which is engaged in a Competing Activity (other than an ownership interest of less than 5% of any company whose securities are listed on the New York Stock Exchange, the American Stock Exchange or the Nasdaq National Market). Lee xxrther agrees that in the event of a termination for good cause as set forth in Section 3.2 hereof or Lee'x xxection to terminate employment pursuant to Section 3.3 hereof, he shall not, for a two-year period following such termination of employment, engage in a Competing Activity or have any investment in a business which is engaged in a Competing Activity (other than an ownership interest of less than 5% of any company whose securities are listed on the New York Stock Exchange, the American Stock Exchange or the Nasdaq National Market).
No Competing Activities. During the term of this Agreement and for a period of three years following termination of same Alexander shall not, directly or indirectly, either as an employee, employer, consultant, agent, Principal, Partner, Stockholder, corporate officer, director, or in any other individual or representative capacity, engage or participate in any business whatsoever that is in direct competition in any manner whatsoever with the core products and technologies (Smart One Trainer, Smart Enterprise, Doorways, Smart Support, Smart Perform or other Carnot derived products, and their successors and any other subsequent core businesses) of this Corporation within North America, unless a Court of competent Jurisdiction shall determine that the scope and/or time of this agreement renders it unenforceable, in which case the scope and/or time shall be reduced to that which the Court deems reasonable and enforceable. This provision shall not be construed to prevent Alexander from accepting employment in the area of Microsoft Access programming, system analysis and administration or information technology functions considered generic to the industry, not utilizing any of the Corporation's core technologies or products.
