Common use of No conflict, no competition and non-circumvention Clause in Contracts

No conflict, no competition and non-circumvention. During the continuance of this Agreement the Consultant shall not engage in any business or activity which reasonably may detract from or conflict with the Consultant's respective duties and obligations to the Company as set forth in this Agreement without the prior written consent of the Board of Directors. In addition, during the continuance of this Agreement, and for a period of at least one year following the termination of this Agreement in accordance with either of sections "3.2", "3.3", "3.4", "3.5" or "5.6" hereunder, the Consultant shall not engage in any business or activity whatsoever which reasonably may be determined by the Board of Directors, in its sole and absolute discretion, to compete with any portion of the Business interests as contemplated hereby without the prior written consent of the Board of Directors. Furthermore, the Consultant hereby acknowledges and agrees, for a period of at least one year months following the termination of this Agreement in accordance with either of sections "3.3", "3.4", "3.5" or "5.6" hereunder, not to initiate any contact or communication directly with either the Company or any of its respective subsidiaries, as the case may be, together with each of their respective directors, officers, representatives, agents or employees, without the prior written consent of the Board of Directors and, notwithstanding the generality of the foregoing, further acknowledges and agrees, even with the prior written consent of the Board of Directors to such contact or communication, to limit such contact or communication to discussions outside the scope of any confidential information (as hereinafter determined). For the purposes of the foregoing the Consultant hereby recognizes and agrees that a breach by the Consultant of any of the covenants herein contained would result in irreparable harm and significant damage to the Company that would not be adequately compensated for by monetary award. Accordingly, the Consultant agrees that, in the event of any such breach, in addition to being entitled as a matter of right to apply to a Court of competent equitable jurisdiction for relief by way of restraining order, injunction, decree or otherwise as may be appropriate to ensure compliance with the provisions hereof, the Consultant will also be liable to the Company, as liquidated damages, for an amount equal to the amount received and earned by the Consultant as a result of and with respect to any such breach. The Parties hereby acknowledge and agree that if any of the aforesaid restrictions, activities, obligations or periods are considered by a Court of competent jurisdiction as being unreasonable, the Parties agree that said Court shall have authority to limit such restrictions, activities or periods as the Court deems proper in the circumstances. In addition, the Parties further acknowledge and agree that all restrictions or obligations in this Agreement are necessary and fundamental to the protection of the Business interests and are reasonable and valid, and all defenses to the strict enforcement thereof by the Consultant are hereby waived.

No conflict, no competition and non-circumvention. During the continuance of this Agreement Agreement, the Consultant shall will not engage in any business or activity which reasonably may detract from or conflict with the Consultant's ’s respective duties and obligations to the Company Companies as set forth in this Agreement without the prior written consent of the Board of DirectorsDirectors of the Companies. In addition, during the continuance of this Agreement, Agreement and for a period of at least one year 18 months following the termination of this Agreement in accordance with either of sections "3.2", "3.3", "3.4", "3.5" or "5.6" hereunder, for any reason whatsoever the Consultant shall will not engage in any business or activity whatsoever which reasonably may be determined by the Board of Directors, in its sole and absolute discretion, to compete with any portion of the Business interests as contemplated hereby without the prior written consent of the Board of Directors. Furthermore, the Consultant hereby acknowledges and agrees, for a period of at least one year six months following the termination of this Agreement in accordance with either of sections "3.3", "3.4", "3.5" or "5.6" hereunderfor any reason whatsoever, not to initiate any contact or communication directly with either of the Company Companies or any of its their respective subsidiaries, as the case may be, together with each of their respective directors, officers, representatives, agents or employees, without the prior written consent of the Board of Directors and, notwithstanding the generality of the foregoing, further acknowledges and agrees, even with the prior written consent of the Board of Directors to such contact or communication, to limit such contact or communication to discussions outside the scope of any confidential information (as hereinafter herein determined). For the purposes of the foregoing the Consultant hereby recognizes and agrees that a breach by the Consultant of any of the covenants herein contained would result in irreparable harm and significant damage to the Company Companies that would not be adequately compensated for by monetary award. Accordingly, the Consultant agrees that, in the event of any such breach, in addition to being entitled as a matter of right to apply to a Court of competent equitable jurisdiction for relief by way of restraining order, injunction, decree or otherwise as may be appropriate to ensure compliance with the provisions hereof, the Consultant will also be liable to the CompanyCompanies, as liquidated damages, for an amount equal to the amount received and earned by the Consultant as a result of and with respect to any such breach. The Parties hereby acknowledge and agree that if any of the aforesaid restrictions, activities, obligations or periods are considered by a Court of competent jurisdiction as being unreasonable, the Parties agree that said Court shall will have authority to limit such restrictions, activities or periods as the Court deems proper in the circumstances. In addition, the Parties further acknowledge and agree that all restrictions or obligations in this Agreement are necessary and fundamental to the protection of the Business interests and are reasonable and valid, and all defenses to the strict enforcement thereof by the Consultant are hereby waived.

No conflict, no competition and non-circumvention. During the continuance of this Agreement the Consultant Employee shall not engage in any business or activity which reasonably may detract from or conflict with the ConsultantEmployee's respective duties and obligations to the Company Companies as set forth in this Agreement without the prior written consent of the Board of DirectorsDirectors of the Company. In addition, during the continuance of this Agreement, and for a period of at least one year nine months following the termination of this Agreement in accordance with either of sections "3.2", "3.3", "3.4", "3.5" or "5.63.5" hereunder, the Consultant Employee shall not engage in any business or activity whatsoever which reasonably may be determined by the Board of DirectorsDirectors of the Company, in its sole and absolute discretion, to compete with any portion of the Business interests as contemplated hereby without the prior written consent of the Board of DirectorsDirectors of the Company. Furthermore, the Consultant Employee hereby acknowledges and agrees, for a period of at least one year nine months following the termination of this Agreement in accordance with either of sections "3.3", "3.4", "3.5" or "5.63.5" hereunder, not to initiate any contact or communication directly with either of the Company Companies or any of its their respective subsidiaries, as the case may be, together with each of their respective directors, officers, representatives, agents or employees, without the prior written consent of the Board of Directors of the Company and, notwithstanding the generality of the foregoing, further acknowledges and agrees, even with the prior written consent of the Board of Directors of the Company to such contact or communication, to limit such contact or communication to discussions outside the scope of any confidential information (as hereinafter determined). For the purposes of the foregoing the Consultant Employee hereby recognizes and agrees that a breach by the Consultant Employee of any of the covenants herein contained would result in irreparable harm and significant damage to the Company Companies that would not be adequately compensated for by monetary award. Accordingly, the Consultant Employee agrees that, in the event of any such breach, in addition to being entitled as a matter of right to apply to a Court of competent equitable jurisdiction for relief by way of restraining order, injunction, decree or otherwise as may be appropriate to ensure compliance with the provisions hereof, the Consultant Employee will also be liable to the CompanyCompanies, as liquidated damages, for an amount equal to the amount received and earned by the Consultant Employee as a result of and with respect to any such breach. The Parties hereby acknowledge and agree that if any of the aforesaid restrictions, activities, obligations or periods are considered by a Court of competent jurisdiction as being unreasonable, the Parties agree that said Court shall have authority to limit such restrictions, activities or periods as the Court deems proper in the circumstances. In addition, the Parties further acknowledge and agree that all restrictions or obligations in this Agreement are necessary and fundamental to the protection of the Business interests and are reasonable and valid, and all defenses to the strict enforcement thereof by the Consultant Employee are hereby waived.

No conflict, no competition and non-circumvention. During the continuance of this Agreement Agreement, and other than the Consultant's existing relationship with Petrogen international, Ltd., a non-reporting company affiliated, with Petrogen., Inc., the Consultant shall not engage in any business or activity which reasonably may detract from or conflict with the Consultant's respective duties and obligations to the Company Companies as set forth in this Agreement without the prior written consent of the Board of DirectorsDirectors of the Company. In addition, during the continuance of this Agreement, Agreement and for a period of at least one year six months following the termination termination, of this Agreement in accordance with either of sections "3.2", "3.3", "3.4", "3.5" or "5.6" hereunder, for any reason whatsoever the Consultant shall not engage in any business or activity whatsoever which reasonably may be determined by the Board of DirectorsDirector, in its sole and absolute discretion, to compete with any portion of the Business interests as contemplated hereby without the prior written consent of the Board of Directors. Furthermore, the Consultant hereby acknowledges and agrees, for a period of at least one year six months following the termination of this Agreement in accordance with either of sections "3.3", "3.4", "3.5" or "5.6" hereunderfor any reason whatsoever, not to initiate any contact or communication directly with either of the Company Companies or any of its their respective subsidiaries, as the case may be, together with each of their respective directors, officers, representatives, agents or employees, without the prior written consent of the Board of Directors and, notwithstanding the generality of the foregoing, further acknowledges and agrees, even with the prior written consent of the Board of Directors to such contact or communication, to limit such contact or communication communication, to discussions outside the scope of any confidential information (as hereinafter determined). For the purposes of the foregoing the Consultant hereby recognizes and agrees that a breach by the Consultant of any of the covenants herein contained would result in irreparable harm and significant damage to the Company Companies that would not be adequately compensated for by monetary award. Accordingly, the Consultant agrees that, in the event of any such breach, in addition to being entitled as a matter of right to apply to a Court of competent equitable Amended Management Consulting Services Agreement Petrogen Corp jurisdiction for relief by way of restraining order, injunction, decree or otherwise as may be appropriate to ensure compliance with the provisions hereof, the Consultant will also be liable to the CompanyCompanies, as liquidated damages, for an amount equal to the amount received and earned by the Consultant as a result of and with respect to any such breach. The Parties hereby acknowledge and agree that if any of the aforesaid restrictions, activities, obligations or periods are considered by a Court of competent jurisdiction as being unreasonable, the Parties agree that said Court shall have authority to limit such restrictions, activities or periods as the Court deems proper in the circumstances. In addition, the Parties further acknowledge and agree that all restrictions or obligations in this Agreement are necessary and fundamental to the protection of the Business interests and are reasonable and valid, and all defenses to the strict enforcement thereof by the Consultant are hereby waived.

No conflict, no competition and non-circumvention. During the continuance of this Agreement the Consultant shall not engage in any business or activity which reasonably may detract from or conflict with the Consultant's respective duties and obligations to the Company Companies as set forth in this Agreement without the prior written consent of the Board of DirectorsDirectors of the Company. In addition, during the continuance of this Agreement, Agreement and for a period of at least one year six months following the termination of this Agreement in accordance with either of sections "3.2", "3.3", "3.4", "3.5" or "5.6" hereunder, for any reason whatsoever the Consultant shall not engage in any business or activity whatsoever which reasonably may be determined by the Board of DirectorsDirector, in its sole and absolute discretion, to compete with any portion of the Business interests as contemplated hereby without the prior written consent of the Board of Directors. Furthermore, the Consultant hereby acknowledges and agrees, for a period of at least one year six months following the termination of this Agreement in accordance with either of sections "3.3", "3.4", "3.5" or "5.6" hereunderfor any reason whatsoever, not to initiate any contact or communication directly with either of the Company Companies or any of its their respective subsidiaries, as the case may be, together with each of their respective directors, officers, representatives, agents or employees, without the prior written consent of the Board of Directors and, notwithstanding the generality of the foregoing, further acknowledges and agrees, even with the prior written consent of the Board of Directors to such contact or communication, to limit such contact or communication to discussions outside the scope of any confidential information (as hereinafter determined). For the purposes of the foregoing the Consultant hereby recognizes and agrees that a breach by the Consultant of any of the covenants herein contained would result in irreparable harm and significant damage to the Company Companies that would not be adequately compensated for by monetary award. Accordingly, the Consultant agrees that, in the event of any such breach, in addition to being entitled as a matter of right to apply to a Court of competent equitable jurisdiction for relief by way of restraining order, injunction, decree or otherwise as may be appropriate to ensure compliance with the provisions hereof, the Consultant will also be liable to the CompanyCompanies, as liquidated damages, for an amount equal to the amount received and earned by the Consultant as a result of and with respect to any such breach. The Parties hereby acknowledge and agree that if any of the aforesaid restrictions, activities, obligations or periods are considered by a Court of competent jurisdiction as being unreasonable, the Parties agree that said Court shall have authority to limit such restrictions, activities or periods as the Court deems proper in the circumstances. In addition, the Parties further acknowledge and agree that all restrictions or obligations in this Agreement are necessary and fundamental to the protection of the Business interests and are reasonable and valid, and all defenses to the strict enforcement thereof by the Consultant are hereby waived.

No conflict, no competition and non-circumvention. During the continuance of this Agreement the Consultant Executive shall not engage in any business or activity which reasonably may detract from or conflict with the ConsultantExecutive's respective duties and obligations to the Company Companies as set forth in this Agreement without the prior written consent of the Board of DirectorsDirectors of the Company. In addition, during the continuance of this Agreement, and for a period of at least one year following the termination of this Agreement in accordance with either of sections "3.2", "3.3", "3.4", "3.5", "3.6" or "5.6" hereunder, the Consultant Executive shall not engage in any business or activity whatsoever which reasonably may be determined by the Board of DirectorsDirectors of the Company, in its sole and absolute discretion, to compete with any portion of the Business interests as contemplated hereby without the prior written consent of the Board of DirectorsDirectors of the Company. Furthermore, the Consultant Executive hereby acknowledges and agrees, for a period of at least one year months following the termination of this Agreement in accordance with either of sections "3.3", "3.4", "3.5", "3.6" or "5.6" hereunder, not to initiate any contact or communication directly with either of the Company Companies or any of its their respective subsidiaries, as the case may be, together with each of their respective directors, officers, representatives, agents or employeesExecutives, without the prior written consent of the Board of Directors of the Company and, notwithstanding the generality of the foregoing, further acknowledges and agrees, even with the prior written consent of the Board of Directors of the Company to such contact or communication, to limit such contact or communication to discussions outside the scope of any confidential information (as hereinafter determined). For the purposes of the foregoing the Consultant Executive hereby recognizes and agrees that a breach by the Consultant Executive of any of the covenants herein contained would result in irreparable harm and significant damage to the Company Companies that would not be adequately compensated for by monetary award. Accordingly, the Consultant Executive agrees that, in the event of any such breach, in addition to being entitled as a matter of right to apply to a Court of competent equitable jurisdiction for relief by way of restraining order, injunction, decree or otherwise as may be appropriate to ensure compliance with the provisions hereof, the Consultant will also be liable to the Company, as liquidated damages, for an amount equal to the amount received and earned by the Consultant as a result of and with respect to any such breach. The Parties hereby acknowledge and agree that if any of the aforesaid restrictions, activities, obligations or periods are considered by a Court of competent jurisdiction as being unreasonable, the Parties agree that said Court shall have authority to limit such restrictions, activities or periods as the Court deems proper in the circumstances. In addition, the Parties further acknowledge and agree that all restrictions or obligations in this Agreement are necessary and fundamental to the protection of the Business interests and are reasonable and valid, and all defenses to the strict enforcement thereof by the Consultant are hereby waived.right

No conflict, no competition and non-circumvention. During the continuance of this Agreement the Consultant shall not engage in any business or activity which reasonably may detract from or conflict with the Consultant's ’s respective duties and obligations to the Company Companies as set forth in this Agreement without the prior written consent of the Board of DirectorsDirectors of the Company. In addition, during the continuance of this Agreement, Agreement and for a period of at least one year six months following the termination of this Agreement in accordance with either of sections "3.2", "3.3", "3.4", "3.5" or "5.6" hereunder, for any reason whatsoever the Consultant shall not engage in any business or activity whatsoever which reasonably may be determined by the Board of DirectorsDirector, in its sole and absolute discretion, to compete with any portion of the Business interests as contemplated hereby without the prior written consent of the Board of Directors. Furthermore, the Consultant hereby acknowledges and agrees, for a period of at least one year six months following the termination of this Agreement in accordance with either of sections "3.3", "3.4", "3.5" or "5.6" hereunderfor any reason whatsoever, not to initiate any contact or communication directly with either of the Company Companies or any of its their respective subsidiaries, as the case may be, together with each of their respective directors, officers, representatives, agents or employees, without the prior written consent of the Board of Directors and, notwithstanding the generality of the foregoing, further acknowledges and agrees, even with the prior written consent of the Board of Directors to such contact or communication, to limit such contact or communication to discussions outside the scope of any confidential information (as hereinafter determined). For the purposes of the foregoing the Consultant hereby recognizes and agrees that a breach by the Consultant of any of the covenants herein contained would result in irreparable harm and significant damage to the Company Companies that would not be adequately compensated for by monetary award. Accordingly, the Consultant agrees that, in the event of any such breach, in addition to being entitled as a matter of right to apply to a Court of competent equitable jurisdiction for relief by way of restraining order, injunction, decree or otherwise as may be appropriate to ensure compliance with the provisions hereof, the Consultant will also be liable to the CompanyCompanies, as liquidated damages, for an amount equal to the amount received and earned by the Consultant as a result of and with respect to any such breach. The Parties hereby acknowledge and agree that if any of the aforesaid restrictions, activities, obligations or periods are considered by a Court of competent jurisdiction as being unreasonable, the Parties agree that said Court shall have authority to limit such restrictions, activities or periods as the Court deems proper in the circumstances. In addition, the Parties further acknowledge and agree that all restrictions or obligations in this Agreement are necessary and fundamental to the protection of the Business interests and are reasonable and valid, and all defenses to the strict enforcement thereof by the Consultant are hereby waived.

No conflict, no competition and non-circumvention. During the continuance of this Agreement the Consultant Executive shall not engage in any business or activity which reasonably may detract from or conflict with the ConsultantExecutive's respective duties and obligations to the Company Companies as set forth in this Agreement without the prior written consent of the Board of DirectorsDirectors of the Company. In addition, during the continuance of this Agreement, and for a period of at least one year following the termination of this Agreement in accordance with either of sections "3.2", "3.3", "3.4", "3.5", "3.6" or "5.6" hereunder, the Consultant Executive shall not engage in any business or activity whatsoever which reasonably may be determined by the Board of DirectorsDirectors of the Company, in its sole and absolute discretion, to compete with any portion of the Business interests as contemplated hereby without the prior written consent of the Board of DirectorsDirectors of the Company. Furthermore, the Consultant Executive hereby acknowledges and agrees, for a period of at least one year months following the termination of this Agreement in accordance with either of sections "3.3", "3.4", "3.5", "3.6" or "5.6" hereunder, not to initiate any contact or communication directly with either of the Company Companies or any of its their respective subsidiaries, as the case may be, together with each of their respective directors, officers, representatives, agents or employeesExecutives, without the prior written consent of the Board of Directors of the Company and, notwithstanding the generality of the foregoing, further acknowledges and agrees, even with the prior written consent of the Board of Directors of the Company to such contact or communication, to limit such contact or communication to discussions outside the scope of any confidential information (as hereinafter determined). For the purposes of the foregoing the Consultant Executive hereby recognizes and agrees that a breach by the Consultant Executive of any of the covenants herein contained would result in irreparable harm and significant damage to the Company Companies that would not be adequately compensated for by monetary award. Accordingly, the Consultant Executive agrees that, in the event of any such breach, in addition to being entitled as a matter of right to apply to a Court of competent equitable jurisdiction for relief by way of restraining order, injunction, decree or otherwise as may be appropriate to ensure compliance with the provisions hereof, the Consultant Executive will also be liable to the CompanyCompanies, as liquidated damages, for an amount equal to the amount received and earned by the Consultant Executive as a result of and with respect to any such breach. The Parties hereby acknowledge and agree that if any of the aforesaid restrictions, activities, obligations or periods are considered by a Court of competent jurisdiction as being unreasonable, the Parties agree that said Court shall have authority to limit such restrictions, activities or periods as the Court deems proper in the circumstances. In addition, the Parties further acknowledge and agree that all restrictions or obligations in this Agreement are necessary and fundamental to the protection of the Business interests and are reasonable and valid, and all defenses to the strict enforcement thereof by the Consultant Executive are hereby waived.

No conflict, no competition and non-circumvention. During the continuance of this Agreement Agreement, the Consultant shall will not engage in any business or activity which reasonably may detract from or conflict with the Consultant's ’s respective duties and obligations to the Company Companies as set forth in this Agreement without the prior written consent of the Board of DirectorsDirectors of the Companies. In addition, during the continuance of this Agreement, Agreement and for a period of at least one year 6 months following the termination of this Agreement in accordance with either of sections "3.2", "3.3", "3.4", "3.5" or "5.6" hereunder, for any reason whatsoever the Consultant shall will not engage in any business or activity whatsoever which reasonably may be determined by the Board of Directors, in its sole and absolute discretion, to compete with any portion of the Business interests as contemplated hereby without the prior written consent of the Board of Directors. Furthermore, the Consultant hereby acknowledges and agrees, for a period of at least one year six months following the termination of this Agreement in accordance with either of sections "3.3", "3.4", "3.5" or "5.6" hereunderfor any reason whatsoever, not to initiate any contact or communication directly with either of the Company Companies or any of its their respective subsidiaries, as the case may be, together with each of their respective directors, officers, representatives, agents or employees, without the prior written consent of the Board of Directors and, notwithstanding the generality of the foregoing, further acknowledges and agrees, even with the prior written consent of the Board of Directors to such contact or communication, to limit such contact or communication to discussions outside the scope of any confidential information (as hereinafter herein determined). For the purposes of the foregoing the Consultant hereby recognizes and agrees that a breach by the Consultant of any of the covenants herein contained would result in irreparable harm and significant damage to the Company Companies that would not be adequately compensated for by monetary award. Accordingly, the Consultant agrees that, in the event of any such breach, in addition to being entitled as a matter of right to apply to a Court of competent equitable jurisdiction for relief by way of restraining order, injunction, decree or otherwise as may be appropriate to ensure compliance with the provisions hereof, the Consultant will also be liable to the CompanyCompanies, as liquidated damages, for an amount equal to the amount received and earned by the Consultant as a result of and with respect to any such breach. The Parties hereby acknowledge and agree that if any of the aforesaid restrictions, activities, obligations or periods are considered by a Court of competent jurisdiction as being unreasonable, the Parties agree that said Court shall will have authority to limit such restrictions, activities or periods as the Court deems proper in the circumstances. In addition, the Parties further acknowledge and agree that all restrictions or obligations in this Agreement are necessary and fundamental to the protection of the Business interests and are reasonable and valid, and all defenses to the strict enforcement thereof by the Consultant are hereby waived.

No conflict, no competition and non-circumvention. During the continuance of this Agreement Agreement, the Consultant shall will not engage in any business or activity which reasonably may detract from or conflict with the Consultant's respective duties and obligations to the Company Companies as set forth in this Agreement without the prior written consent of the Board of DirectorsDirectors of the Companies. In addition, during the continuance of this Agreement, Agreement and for a period of at least one year 12 months following the termination of this Agreement in accordance with either of sections "3.2", "3.3", "3.4", "3.5" or "5.6" hereunder, for any reason whatsoever the Consultant shall will not engage in any business or activity whatsoever which reasonably may be determined by the Board of Directors, in its sole and absolute discretion, to compete with any portion of the Business interests as contemplated hereby without the prior written consent of the Board of Directors. Furthermore, the Consultant hereby acknowledges and agrees, for a period of at least one year six months following the termination of this Agreement in accordance with either of sections "3.3", "3.4", "3.5" or "5.6" hereunderfor any reason whatsoever, not to initiate any contact or communication directly with either of the Company Companies or any of its their respective subsidiaries, as the case may be, together with each of their respective directors, officers, representatives, agents or employees, without the prior written consent of the Board of Directors and, notwithstanding the generality of the foregoing, further acknowledges and agrees, even with the prior written consent of the Board of Directors to such contact or communication, to limit such contact or communication to discussions outside the scope of any confidential information (as hereinafter herein determined). For the purposes of the foregoing the Consultant hereby recognizes and agrees that a breach by the Consultant of any of the covenants herein contained would result in irreparable harm and significant damage to the Company Companies that would not be adequately compensated for by monetary award. Accordingly, the Consultant agrees that, in the event of any such breach, in addition to being entitled as a matter of right to apply to a Court of competent equitable jurisdiction for relief by way of restraining order, injunction, decree or otherwise as may be appropriate to ensure compliance with the provisions hereof, the Consultant will also be liable to the CompanyCompanies, as liquidated damages, for an amount equal to the amount received and earned by the Consultant as a result of and with respect to any such breach. The Parties hereby acknowledge and agree that if any of the aforesaid restrictions, activities, obligations or periods are considered by a Court of competent jurisdiction as being unreasonable, the Parties agree that said Court shall will have authority to limit such restrictions, activities or periods as the Court deems proper in the circumstances. In addition, the Parties further acknowledge and agree that all restrictions or obligations in this Agreement are necessary and fundamental to the protection of the Business interests and are reasonable and valid, and all defenses to the strict enforcement thereof by the Consultant are hereby waived.