Common use of Non-Compete Obligations During Employment Term Clause in Contracts

Non-Compete Obligations During Employment Term. Employee agrees that during the Employment Term: (i) Employee will not, other than through the Related Parties, engage or participate in any manner, whether directly or indirectly as an employee, employer, consultant, agent, principal, partner, stockholder, officer, director, licensor, lender, lessor or in any other individual or representative capacity, in any business or activity which is engaged in leasing, acquiring, exploring, producing, gathering or marketing hydrocarbons and related products; provided, however, that nothing herein shall prevent Employee from owning a passive interest (not to exceed 5% of the capital stock) of a publicly traded entity or from serving in the capacities set forth on Schedule 1 of this Agreement; and (ii) all investments made by Employee (whether in his own name or in the name of any family members or made by Employee's controlled affiliates), which relate to the lease, acquisition, exploration, production, gathering or marketing of hydrocarbons and related products shall be made solely through the Related Parties; and Employee will not (directly or indirectly through any family members), and will not permit any of his controlled affiliates to: (A) invest or otherwise participate alongside the Related Parties in any Business Opportunities, or (B) invest or otherwise participate in any business or activity relating to a Business Opportunity, regardless of whether any of the Related Parties ultimately participates in such business or activity.

Non-Compete Obligations During Employment Term. Employee agrees that during the Employment Term: (i) Employee will not, other than through the Related Parties, engage or participate in any manner, whether directly or indirectly indirectly, as an employee, employer, consultant, agent, principal, partner, stockholdermore than one percent shareholder, officer, director, licensor, lender, lessor or in any other individual or representative capacity, in any business or activity which is engaged in leasing, acquiring, exploring, producing, gathering or marketing hydrocarbons and related products; provided, however, that nothing herein shall prevent Employee from owning a passive interest (not to exceed 5% of the capital stock) of a publicly traded entity or from serving in the capacities set forth on Schedule 1 of this Agreement; and (ii) all investments made by Employee (whether in his own name Employee, directly or in the name of any family members or made by Employee's controlled affiliates)indirectly, which relate to the leaseleasing, acquisition, exploration, production, gathering or marketing of hydrocarbons and related products shall be made solely through the Related Parties; and Employee will not (will, not, directly or indirectly through any family members)indirectly, and will not permit any of his controlled affiliates to: (A) invest or otherwise participate alongside the Related Parties in any Business Opportunities, or (B) invest or otherwise participate in any business or activity relating to a Business Opportunity, regardless of whether any of the Related Parties ultimately participates in such business or activity; provided that this subsection (b) shall not preclude Employee from making investments in securities of oil and gas companies which are publicly traded, if (1) the aggregate owned by Employee and all affiliates does not exceed 5% of such company's outstanding securities, and (2) the aggregate amount invested in such investments by Employee and all affiliates after the date hereof does not exceed $200,000.

Non-Compete Obligations During Employment Term. (a) Except as set forth in subsection (b) of this Section 9 and in the Disclosure Schedule, Employee agrees that during the Employment Term: (i) Employee will not, other than through the Related PartiesCompany, engage or participate in any manner, whether directly or indirectly through any Family Member or as an employee, employer, consultant, agent, principal, partner, stockholdermore than five percent equity-holder, officer, director, licensor, lender, lessor or in any other individual or representative capacity, in any business or activity which is engaged in leasing, acquiring, exploring, producing, gathering or marketing hydrocarbons and related products; provided, however, that nothing herein shall prevent Employee from owning a passive interest (not to exceed 5% of the capital stock) of a publicly traded entity or from serving in the capacities set forth on Schedule 1 of this Agreement; and (ii) all investments made by Employee (whether in his Employee’s own name or in the name of any family members Family Members or made by Employee's controlled affiliatesany Controlled Affiliates, as defined below), which relate to the lease, acquisition, exploration, production, gathering or marketing of hydrocarbons and related products shall be made solely through the Related PartiesCompany; and Employee will not (directly or indirectly through any family membersFamily Members), and will not permit any of his controlled affiliates Controlled Affiliate to: (A) invest or otherwise participate alongside the Related Parties Company in any Business Opportunities, or (B) invest or otherwise participate in any business or activity relating to a Business Opportunity, regardless of whether any of the Related Parties Company ultimately participates in such business or activity.

Non-Compete Obligations During Employment Term. Employee agrees that during the Employment Term: (i) Employee will not, other than through the Related Parties, engage or participate in any manner, whether directly or indirectly indirectly, as an employee, employer, consultant, agent, principal, partner, stockholdermore than one percent shareholder, officer, director, licensor, lender, lessor or in any other individual or representative capacity, in any business or activity which is engaged in leasing, acquiring, exploring, producing, gathering or marketing hydrocarbons and related products; provided, however, that nothing herein shall prevent Employee from owning a passive interest (not to exceed 5% of the capital stock) of a publicly traded entity or from serving in the capacities set forth on Schedule 1 of this Agreement; and (ii) all investments made by Employee (whether in his own name Employee, directly or in the name of any family members or made by Employee's controlled affiliates)indirectly, which relate to the leaseleasing, acquisition, exploration, production, gathering or marketing of hydrocarbons and related products shall be made solely through the Related Parties; and Employee will not (will, not, directly or indirectly through any family members)indirectly, and will not permit any of his her controlled affiliates to: (A) invest or otherwise participate alongside the Related Parties in any Business Opportunities, or (B) invest or otherwise participate in any business or activity relating to a Business Opportunity, regardless of whether any of the Related Parties ultimately participates in such business or activity; provided that this subsection (b) shall not preclude Employee from making investments in securities of oil and gas companies which are publicly traded, if (1) the aggregate owned by Employee and all affiliates does not exceed 5% of such company's outstanding securities, and (2) the aggregate amount invested in such investments by Employee and all affiliates after the date hereof does not exceed $200,000.

Non-Compete Obligations During Employment Term. Employee agrees that ---------------------------------------------- during the Employment Term: (i) Employee will not, other than through the Related Parties, engage or participate in any manner, whether directly or indirectly through any family member or as an employee, employer, consultant, agent, principal, partner, stockholdermore than one percent shareholder, officer, director, licensor, lender, lessor or in any other individual or representative capacity, in any business or activity which is engaged in leasing, acquiring, exploring, producing, gathering or marketing hydrocarbons and related products; provided, however, that nothing herein this subsection 2(i) shall prevent Employee from owning a passive interest (not be applicable to exceed 5% Employee's ownership or operation of the capital stock) properties listed on Exhibit A attached hereto or his or any family member's inheritance of a publicly traded entity or from serving oil and gas properties in the capacities set forth on Schedule 1 of this Agreementfuture; and (ii) all investments made by Employee (whether in his own name or in the name of any family members or made by Employee's controlled affiliates), which relate to the lease, acquisition, exploration, production, gathering or marketing of hydrocarbons and related products shall be made solely through the Related Parties; and Employee will not (directly or indirectly through any family members), and will not permit any of his controlled affiliates to: (A) invest or otherwise participate alongside the Related Parties in any Business Opportunities, or (B) invest or otherwise participate in any business or activity relating to a Business Opportunity, regardless of whether any of the Related Parties ultimately participates in such business or activity.

Non-Compete Obligations During Employment Term. Employee agrees that during the Employment Term: (i) Employee will not, other than through the Related PartiesCompany and the General Partner, engage or participate in any manner, whether directly or indirectly through any family member or as an employee, employer, consultant, agent, principal, partner, stockholdermore than one percent shareholder, officer, director, licensor, lender, lessor or in any other individual or representative capacity, in any business or activity which is engaged in leasing, acquiring, exploring, producing, gathering or marketing hydrocarbons and related products; provided, however, that nothing herein shall prevent Employee from owning a passive interest (not to exceed 5% of the capital stock) of a publicly traded entity or from serving in the capacities set forth on Schedule 1 of this Agreement; and (ii) all investments made by Employee (whether in his own name or in the name of any family members or made by Employee's controlled affiliates), which relate to the lease, acquisition, exploration, production, gathering or marketing of hydrocarbons and related products shall be made solely through the Related Parties; and Employee will not (directly or indirectly through any family members), and will not permit any of his controlled affiliates to: (A) invest or otherwise participate alongside the Related Parties in any Business Opportunities, or (B) invest or otherwise participate in any business or activity relating to a Business Opportunity, regardless of whether any of the Related Parties ultimately participates in such business or activity.;