Common use of Non-Compete and Non-Solicit Clause in Contracts

Non-Compete and Non-Solicit. While you are employed by the Company and for a period of the longer of twelve months after your last day of employment, or so long as you have any options available to exercise that you have not exercised, you shall not directly or indirectly solicit for hire or hire any Company employee or engage in or be employed in any business that (a) competes with any business of the Company, or (b) is a peer company as set out in a list to be specified by the Company from time to time. You agree that while you are employed by the Company, you shall use your best efforts to ensure there is no internal announcement or public communication regarding your departure that the Company has not approved in writing. In case of a breach by you of any of your undertakings in this section, or if you fail to observe, or threaten not to observe, your notice period pursuant to your employment agreement, you acknowledge and agree that the Company is entitled to block any equity transaction, and/or to terminate or forfeit your outstanding equity awards, whether vested or unvested, for no consideration and with immediate effect. During such time as your equity transactions may be blocked, the Company shall not be liable for any loss relating to change in share price or otherwise. Furthermore, you agree to pay the Company liquidated damages in the amount of six months' target salary for each instance of such violation. The termination of equity awards and/or the payment of liquidated damages shall not discharge you from observing your undertakings in this section. To request cessation of any activities that violate or would violate these undertakings, the Company is also entitled to obtain and enforce immediate temporary restraining orders, preliminary injunctions, and final injunctions, in addition to other remedies that may be available. The Company shall not be obligated to post a bond/guarantee.

Appears in 2 contracts

Samples: Nonqualified Stock Option Agreement (Mettler Toledo International Inc/), Nonqualified Stock Option Agreement (Mettler Toledo International Inc/)

AutoNDA by SimpleDocs

Non-Compete and Non-Solicit. While you are employed by The Vendor agrees that it shall not divulge to any third party during the Company term of this Agreement and for a period of 3 (three) years upon termination or early termination of the longer Agreement, any information whether written, oral, tangible or intangible or in any other form which comes within the knowledge under this Agreement. Vendor hereby undertakes to the Company that Vendor shall not whether directly or indirectly, through their Affiliates or through any Person during the term of twelve months this agreement and for a period of 3 (three) years after your last day the termination: (i) engage, or attempt to engage, in activities that competes with the business that is same or similar to that of the Company; and (ii) be connected as an agent, with, any corporation, limited liability company, partnership or other entity or Person that, directly or indirectly competes with the business that is same or similar to that of the Company. Vendor agrees that it will not, during the term of this Agreement and 5 (years) from the termination or expiration of this Agreement, directly or indirectly, solicit the existing and potential Customers of the Company or solicit services of (for employment, consulting or so long otherwise), accept the services of, or employ or engage any person who is now employed by the Company. Non-circumvention Company acknowledges and agrees that Vendor is acting as you have any options available to exercise that you have not exercisedthe liaison between the Content Creator and the Company. Company, you under whatsoever circumstances, shall not directly or indirectly solicit for hire attempt to circumvent, avoid or hire bypass the intent of this Agreement, to avoid payment of fees in connection with any Content or enter into a transaction involving any probable Content directly with the Content Creator. Company employee agrees to notify Vendor immediately if any Content Creator suggests making or engage in receiving payments other than through the manner prescribed by Vendor or be employed in any business that (a) competes with any business of manner contrary to what has been agreed upon under the Company, Agreement or (b) is a peer company as set out in a list to be specified by if the Company receives any unsolicited contact from time to time. You agree that while you are employed by the Company, you shall use your best efforts to ensure there is no internal announcement or public communication regarding your departure that the Company has not approved in writing. In case of a breach by you of any of your undertakings in this section, or if you fail to observe, or threaten not to observe, your notice period pursuant to your employment agreement, you acknowledge and agree that the Company is entitled to block any equity transaction, and/or to terminate or forfeit your outstanding equity awards, whether vested or unvested, for no consideration and with immediate effect. During such time as your equity transactions may be blocked, the Company shall not be liable for any loss relating to change in share price or otherwise. Furthermore, you agree to pay the Company liquidated damages in the amount of six months' target salary for each instance of such violation. The termination of equity awards and/or the payment of liquidated damages shall not discharge you from observing your undertakings in this section. To request cessation of any activities that violate or would violate these undertakings, the Company is also entitled to obtain and enforce immediate temporary restraining orders, preliminary injunctions, and final injunctions, in addition to other remedies that may be available. The Company shall not be obligated to post a bond/guaranteeContent Creator.

Appears in 1 contract

Samples: Service Agreement

Non-Compete and Non-Solicit. While you are employed by the Company and for a period of the longer of twelve months after your last day of employment, or so long as you have any options available to exercise that you have not exercised, you shall not directly or indirectly solicit for hire or hire any Company employee or engage in or be employed in any business that (a) competes with any business of the Company, or (b) is a peer company as set out in a list to be specified by the Company from time to time. You agree that while you are employed by the Company, you shall use your best efforts to ensure there is no internal announcement or public communication regarding your departure that the Company has not approved in writing. In case of a breach by you of any of your undertakings in this section, or if you fail to observe, or threaten not to observe, your notice period pursuant to your employment agreement, you acknowledge and agree that the Company is entitled to block any equity transaction, and/or to terminate or forfeit your outstanding equity awards, whether vested or unvested, for no consideration and with immediate effect. During such time as your equity transactions may be blocked, the Company shall not be liable for any loss relating to change in share price or otherwise. Furthermore, you agree to pay the Company liquidated damages in the amount of six months' target salary for each instance of such violation. The termination of equity awards and/or the payment of liquidated damages shall not discharge you from observing your undertakings in this section. To request cessation of any activities that violate or would violate these undertakings, the Company is also entitled to obtain and enforce immediate temporary restraining orders, preliminary injunctions, and final injunctions, in addition to other remedies that may be available. The Company shall not be obligated to post a bond/guarantee.. XXXXX0000_Nov'21_PSU Award Agreement/name 3 / 4 EXHIBIT 10.23

Appears in 1 contract

Samples: Share Unit Agreement (Mettler Toledo International Inc/)

Non-Compete and Non-Solicit. While you are employed by the Company and for a period of the longer of twelve months after your last day of employment, or so long as you have any options available to exercise that you have not exercised, you shall not directly or indirectly solicit for hire or hire any Company employee or engage in or be employed in any business that (a) competes with any business of the Company, Company or (b) is a peer company as set out in a list to Exhibit 10.25 be specified by the Company from time to time. Nothing in this agreement shall require you to hold unexercised options, and you are free to forfeit options in whole or in part at any time. You agree that while you are employed by the Company, you shall use your best efforts to ensure there is no internal announcement or public communication regarding your departure that the Company has not approved in writing. In case of a breach by you of any of your undertakings undertaking in this section, or if you fail to observe, or threaten not to observe, your notice period pursuant to your employment agreement, you acknowledge and agree that the Company is entitled to block any equity transaction, and/or to terminate or to forfeit your outstanding equity awards, whether vested or unvested, for no consideration and with immediate effect. During such time as your equity transactions may be blocked, the Company shall not be liable for any loss relating to change in share price or otherwise. Furthermore, you agree to pay the Company liquidated damages in the amount of six months' target salary for each instance of such violation. The termination of equity awards and/or the payment of liquidated damages shall not discharge you from observing your undertakings in this section. To request cessation of any activities that violate or would violate these undertakings, the Company is also entitled to obtain and enforce immediate temporary restraining orders, preliminary injunctions, and final injunctions, in addition to other remedies that may be available. The Company shall not be obligated to post a bond/guarantee.

Appears in 1 contract

Samples: Nonqualified Performance Stock Option Agreement (Mettler Toledo International Inc/)

AutoNDA by SimpleDocs

Non-Compete and Non-Solicit. While you are employed by the Company and for a period of the longer of twelve months after your last day of employment, or so long as you have any options available to exercise that you have not exercised, you shall not directly or indirectly solicit for hire or hire any Company employee or engage in or be employed in any business that (a) competes with any business of the Company, or (b) is a peer company as set out in a list to be specified by the Company from time to time. You agree that while you are employed by the Company, you shall use your best efforts to ensure there is no internal announcement or public communication regarding your departure that the Company has not approved in writing. In case of a breach by you of any of your undertakings in this section, or if you fail to observe, or threaten not to observe, your notice period pursuant to your employment agreement, you acknowledge and agree that the Company is entitled to block any equity transaction, and/or to terminate or forfeit your outstanding equity awards, whether vested or unvested, for no consideration and with immediate effect. During such time as your equity transactions may be blocked, the Company shall not be liable for any loss relating to change in share price or otherwise. EXHIBIT 10.24 Furthermore, you agree to pay the Company liquidated damages in the amount of six months' target salary for each instance of such violation. The termination of equity awards and/or the payment of liquidated damages shall not discharge you from observing your undertakings in this section. To request cessation of any activities that violate or would violate these undertakings, the Company is also entitled to obtain and enforce immediate temporary restraining orders, preliminary injunctions, and final injunctions, in addition to other remedies that may be available. The Company shall not be obligated to post a bond/guarantee.

Appears in 1 contract

Samples: Performance Share Unit Agreement (Mettler Toledo International Inc/)

Time is Money Join Law Insider Premium to draft better contracts faster.