Non-Compete Obligations. For purposes of this Section 7 only, the term "the Company" shall include the Company's affiliates. Xx. Xxxxxx'x obligations with respect to competing with the Company and soliciting the Company's employees and customers (together the "Non-Compete Obligations") shall be as follows: 7.1. Xx. Xxxxxx shall not render services or advice, whether for compensation or without compensation, and whether as an employee, officer, director, principal, consultant or otherwise, to any person or organization with respect to any product or service that is competitive with a product or service of the Company with which during his employment by the Company Xx. Xxxxxx was actively engaged, or of which he had detailed knowledge; or with any planned business in which he had an active part in the planning or of which he had detailed knowledge. 7.2. Xx. Xxxxxx shall not either directly or indirectly as agent or otherwise in any manner solicit, influence or encourage any customer of the Company to take away or to divert or direct its business to himself or to any person or entity by or with which he is employed, associated, affiliated or otherwise related (other than the Company.) 7.3. Xx. Xxxxxx shall not recruit or otherwise solicit or induce any employee of the Company to terminate his or her employment, or otherwise cease his or her relationship with the Company. 7.4. The Non-Compete Obligations shall continue so long as Xx. Xxxxxx is an employee of the Company. After Xx. Xxxxxx'x employment terminates for any reason, the Non-Compete Obligations — 7.4.1. Shall continue for a period of twelve months or for the period, if any, with respect to which the Company is obligated to pay Xx. Xxxxxx his salary (whether or not payment is in a lump sum) whichever period is longer; and 7.4.2. Shall apply in the State of Texas and in any other state in which the Company received more than 10% of its annual revenues in the calendar year immediately preceding the calendar year in which Xx. Xxxxxx'x employment terminated.
Appears in 3 contracts
Samples: Employment Agreement (Sterling Construction Co Inc), Employment Agreement (Sterling Construction Co Inc), Employment Agreement (Sterling Construction Co Inc)
Non-Compete Obligations. For purposes of this Section 7 only, the term "the Company" shall include the Company's affiliates. Xx. Xxxxxx'x Xxxxxxx'x obligations with respect to competing with the Company and soliciting the Company's employees and customers (together the "Non-Compete Obligations") shall be as follows:
7.1. Xx. Xxxxxx Xxxxxxx shall not render services or advice, whether for compensation or without compensation, and whether as an employee, officer, director, principal, consultant or otherwise, to any person or organization with respect to any product or service that is competitive with a product or service of the Company with which during his employment by the Company Xx. Xxxxxx Xxxxxxx was actively engaged, or of which he had detailed knowledge; or with any planned business in which he had an active part in the planning or of which he had detailed knowledge.
7.2. Xx. Xxxxxx Xxxxxxx shall not either directly or indirectly as agent or otherwise in any manner solicit, influence or encourage any customer of the Company to take away or to divert or direct its business to himself or to any person or entity by or with which he is employed, associated, affiliated or otherwise related (other than the Company.)
7.3. Xx. Xxxxxx Xxxxxxx shall not recruit or otherwise solicit or induce any employee of the Company to terminate his or her employment, or otherwise cease his or her relationship with the Company.
7.4. The Non-Compete Obligations shall continue so long as Xx. Xxxxxx Xxxxxxx is an employee of the Company. After Xx. Xxxxxx'x Xxxxxxx'x employment terminates for any reason, the Non-Compete Obligations —
7.4.1. Shall continue for a period of twelve months or for the period, if any, with respect to which the Company is obligated to pay Xx. Xxxxxx Xxxxxxx his salary (whether or not payment is in a lump sum) whichever period is longer; and
7.4.2. Shall apply in the State of Texas and in any other state in which the Company received more than 10% of its annual revenues in the calendar year immediately preceding the calendar year in which Xx. Xxxxxx'x Xxxxxxx'x employment terminated.
Appears in 2 contracts
Samples: Employment Agreement (Sterling Construction Co Inc), Employment Agreement (Sterling Construction Co Inc)
Non-Compete Obligations. For purposes of this Section 7 only, the term "the Company" shall include the Company's affiliates. Xx. (a) Mr. Xxxxxx'x obligations xxxigations with respect to competing with the Company and soliciting the Company's its employees and customers (together the "Non-Compete Obligations") shall be as follows:
7.1. Xx. (i) Mr. Xxxxxx shall xxxll not render services or advice, whether for compensation or without compensation, compensation and whether as an employee, officer, director, principalconsultant, consultant principal or otherwise, to any person or organization with respect to any product or service that is competitive with a product or service of the Company with which during his employment by the Company Xx. Xxxxxx was actively engaged, or of which he had detailed knowledge; Company's current aftermarket automobile parts and supplies distribution business or with any planned business in of the Company as to which he had an active part Mr. Xxxxxx xxx involved in the planning or within a radius of which he had detailed knowledge200 miles of any facility of the Company.
7.2. Xx. (ii) Mr. Xxxxxx shall xxxll not either directly or indirectly as agent or otherwise in any manner solicit, influence or encourage any customer customer, client or associate of the Company to take away or to divert or direct its business to himself or Mr. Xxxxxx xx to any person or entity by or with which he is Mr. Xxxxxx xx employed, associated, affiliated or otherwise related (other than the Company).)
7.3. Xx. (iii) Mr. Xxxxxx shall xxxll not recruit or otherwise solicit or induce any employee of the Company person to terminate his or her employment, employment or otherwise cease his or her other relationship with the Company.
7.4. The Non-Compete Obligations (b) Mr. Xxxxxx'x xxxigations under Section 11(a), above, shall continue so long as Xx. Xxxxxx he is an employee of the Company. After Xx. Xxxxxx'x Such obligations also shall continue after the termination of his employment terminates as follows:
(i) in the event of the termination of his employment for any reasonreason other than his voluntary resignation, the Non-Compete Obligations —
7.4.1. Shall continue for a period of twelve months one (1) year after the date of such termination;
(ii) in the event of his voluntary resignation from the Company's employ, until the later of (1) the expiration of one (1) year after the date of such termination, or for (2) February 28, 2002.
(c) For purposes of this Section 11, the period, if any, with respect to which word "Company" shall include the Company is obligated to pay Xx. Xxxxxx his salary (whether or not payment is in a lump sum) whichever period is longer; and
7.4.2. Shall apply in and any subsidiary of the State of Texas and in any other state in which the Company received more than 10% of its annual revenues in the calendar year immediately preceding the calendar year in which Xx. Xxxxxx'x employment terminatedCompany.
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Non-Compete Obligations. For purposes of this Section 7 only, the term "the Company" shall include the Company's affiliates. Xx. Xxxxxx'x Xxxxxxx'x obligations with respect to competing with the Company and soliciting the Company's employees and customers (together the "Non-Compete Obligations") shall be as follows:
7.1. Xx. Xxxxxx Xxxxxxx shall not render services or advice, whether for compensation or without compensation, and whether as an employee, officer, director, principal, consultant or otherwise, to any person or organization with respect to any product or service that is competitive with a product or service of the Company with which during his employment by the Company Xx. Xxxxxx Xxxxxxx was actively engaged, or of which he had detailed knowledge; or with any planned business in which he had an active part in the planning or of which he had detailed knowledge.
7.2. Xx. Xxxxxx Xxxxxxx shall not either directly or indirectly as agent or otherwise in any manner solicit, influence or encourage any customer of the Company to take away or to divert or direct its business to himself or to any person or entity by or with which he is employed, associated, affiliated or otherwise related (other than the Company.)
7.3. Xx. Xxxxxx Xxxxxxx shall not recruit or otherwise solicit or induce any employee of the Company to terminate his or her employment, or otherwise cease his or her relationship with the Company.
7.4. The Non-Compete Obligations shall continue so long as Xx. Xxxxxx Xxxxxxx is an employee of the Company. After Xx. Xxxxxx'x Xxxxxxx'x employment terminates for any reason, the Non-Compete Obligations —
7.4.1. Shall continue for a period of twelve months or for the period, if any, with respect to which the Company is obligated to pay Xx. Xxxxxx Xxxxxxx his salary (whether or not payment is in a lump sum) whichever period is longer; and
7.4.2. Shall apply in the State Styate of Texas and in any other state in which the Company received more than 10% of its annual revenues in the calendar year immediately preceding the calendar year in which Xx. Xxxxxx'x Xxxxxxx'x employment terminated.
Appears in 1 contract
Samples: Employment Agreement (Sterling Construction Co Inc)