Non-Compete and Non-Solicitation Provisions. As a means reasonably designed to protect the Employer's confidential information and trade secrets, Employee agrees that, for a period of twenty-four (24) months from the conclusion of his employment with Employer, Employee will not directly, indirectly or as an agent on behalf of or in conjunction with any person, firm, partnership, corporation or other entity, (i) engage in any business activities which compete with the Employer in the United States or anywhere in the world the Employer does business, (ii) hire, solicit, encourage the resignation of or in any other manner seek to engage or employ any person who is then, or within the prior three (3) months had been, an employee of the Employer, whether or not for compensation and whether or not as an officer, consultant, adviser, independent sales representative, independent contractor or participant, or (iii) solicit, service or otherwise have any dealings related to the industry or business or prospective industry or business in which the Employer participates or contemplates participating in as of such conclusion, with any person or entity with whom the Employer has a current or known prospective business relationship or who is or was at any time during his employment with the Employer (including any predecessor or successor entity) a customer, vendor or client of the Employer, or a known prospective customer, vendor or client of the Employer, provided in each case described in this clause (iii) that such activity by Employee does or could reasonably be expected to have a material adverse effect on the relationship between the Employer and any such third party. If, at any time of enforcement of this paragraph 18, a court shall hold that the duration, scope or area restrictions stated herein are unreasonable under circumstances then existing, the parties hereto agree that the maximum duration, scope or area reasonable under such circumstances shall be substituted for the stated duration, scope or area. Employee acknowledges that the provisions contained in this paragraph 18 hereof are reasonable and necessary to protect the legitimate interests of the Employer, that any breach or threatened breach of such provisions will result in irreparable injury to the Employer and that the remedy at law for such breach or threatened breach would be inadequate. Accordingly, in the event of the breach by Employee of any of the provisions of this paragraph 18 hereof, the Employer, in addition and as a supplement to ...
Non-Compete and Non-Solicitation Provisions. EXECUTIVE recognizes that his employment with Employer affords him access to key confidential and strategic information concerning Employer and its plans and close contact with Employer’s customers, as well as access to information about them, which information and contacts are of great importance to Employer’s business. Therefore, in consideration of his continued employment by Employer, EXECUTIVE agrees that for a period of 24 months immediately following the termination of his employment by either party for any reason that EXECUTIVE shall not:
Non-Compete and Non-Solicitation Provisions. If this Agreement:
Non-Compete and Non-Solicitation Provisions. If this Agreement is terminated by Provider after the first year following Closing for an unremedied breach or default by Dental Cooperative, the provisions of Article 4 regarding non-compete and non-solicitation shall not continue in force after the termination of this Agreement and the other Operative Documents; provided that if there is any dispute between the parties concerning any breach or default under this Agreement, the terms of Article 4 shall continue in force and effect pending the final decision of a court of competent jurisdiction. The non-compete and non-solicition provisions shall otherwise remain in full force and effect following termination.
Non-Compete and Non-Solicitation Provisions. (a) The Executive hereby covenants and agrees that for ______ (___) months following the Termination Date that Executive shall not, except as otherwise permitted in writing by ACNB:
Non-Compete and Non-Solicitation Provisions. CEO recognizes that his employment with Employer affords him access to key confidential and strategic information concerning Employer and its plans and close contact with Employer’s customers, as well as access to information about them, which information and contacts are of great importance to Employer’s business. Therefore, in consideration of his continued employment by Employer, CEO agrees that for a period of 18 months immediately following the termination of his employment by either party for any reason that CEO shall not:
Non-Compete and Non-Solicitation Provisions. (a) For so long as the Seller continues to hold any Interests of the Company and for a period of eight (8) years following the date such Seller and its Affiliates cease to hold Interests in the Company (a "Departing Interestholder"), none of the Seller, PVM or the Founders or any Departing Interestholder, or any of their respective Affiliates, without the prior written consent of Buyer, may, directly or indirectly, alone or in association with any other Person, engage in a business competitive with the business of the Company as constituted through the Closing Date (a "Competitive Business"), or carry on, or be engaged or concerned in, take part in or render consulting services to (in each case for remuneration), or own, share in the earnings of, or invest in the stock, bonds or other securities of, any Person engaged in a Competitive Business; provided, however, that ownership of 5% or less of any class of debt or equity securities which are publicly traded shall not be a violation of the provisions of this Section 8.8(a); and provided, further, that after the termination of a Founder's employment with the Company for any reason, such Founder may become employed by a customer of the Company which is not engaged in a Competitive Business so long as such employment does not result in the reduction of business which such customer conducted with the Company as determined by reference to the sales revenues from such customer to the Company in the Fiscal Year immediately preceding the Fiscal Year in which such Founder became employed by such customer, or in any succeeding Fiscal Year of the Company.
Non-Compete and Non-Solicitation Provisions. Pursuant to Section 7 of your Employment Agreement, the Restricted Activities provisions set forth in your Employment Agreement shall remain in full force and effect for a period of two years from the Termination Date or the Extended Termination Date, if extended. If the service areas or business units with which you seek to affiliate do not compete with the Company, and the Company at its sole discretion determines that such employment would not be adverse to the interest of the Company, the Company may then approve such employment, such approval only to be effective when and if communicated in writing to you Pursuant to the terms of Section 7 of your Employment Agreement, the non-solicitation provisions set forth in your Employment Agreement shall remain in full force and effect for a period of two years from the Termination Date or the Extended Termination Date, if extended. Pursuant to Section 7 of your Employment Agreement, the confidentiality of information provisions shall remain in full force and effect for the applicable periods.
Non-Compete and Non-Solicitation Provisions. In consideration for the payments made in Paragraph 4 of this Agreement and other good and valuable consideration set forth herein and subject to the provisions of Paragraph 6 of this Agreement, Executive, for a period of twelve months from the Date of Termination (the "Non-Compete Period"), agrees to the following:
Non-Compete and Non-Solicitation Provisions. It is important for the physician to know when any type of restrictive covenant (such as a non-compete and/or non- solicitation provision) will apply. It may not be appropriate for a non-compete to apply in all circumstances (for example, if the physician terminates due to the employer’s uncured breach). Non-compete provisions should be specific in terms of time and geography. For example, a non-compete that states: “the physician shall not practice within 10 miles of Employer’s office at ABC address for a term of two years” is clear with respect to both time and geography. However, the following provision: “the physician shall not practice within 10 miles of the Employer’s office(s)” could subject the physician to multiple restrictions measured from any office the employer has currently, or may add in the future, and the timeframe for the restriction is not stated. Non-solicitation provisions typically preclude a physician from offering to provide services to patients from the employer’s practice or offering jobs to the employer’s employees after the physician has left employment and are often written very broadly. Ideally, language should be included outlining the employer’s agreement to consider the physician for equity participation, and the time frame for consideration. Knowing the specific terms of non-competition and non- solicitation agreements are critical in a physician’s consideration of an employment agreement, as it can affect his or her future practice. Often, language can be negotiated to reasonably limit the scope of these restrictions. Opportunities to Become a Shareholder, If the Employer Is a Physician Practice Finally, if a physician joins an independent physician practice, it is often with the expectation of eventually becoming an equity participant in the practice after a certain time period of employment. Ideally, language should be included outlining the employer’s agreement to consider the physician for equity participation, and the timeframe for consideration. The language should include the employer’s obligation to inform the physician, within a reasonable time following the physician’s eligibility to become a shareholder, of the employer’s decision relating to the physician’s shareholder status. There are many issues addressed in physician employment agreements, and the issues discussed in this article will most likely appear in some form in most. Physicians should carefully review and understand the terms of employment offered,...
