Common use of Non-Compete Provisions Clause in Contracts

Non-Compete Provisions. (a) Employee acknowledges and agrees that, the business of Verso Paper and its customers is worldwide in scope, Verso Paper’s competitors and customers are located throughout the world, and Verso Paper’s strategic planning and Research and Development activities have application throughout the world and are for the benefit of customers and Verso Paper’s business throughout the world, and therefore, the restrictions on the Employee’s competition after employment as described below apply to anywhere in the world in which Verso Paper or its subsidiaries are doing business. Employee acknowledges that any such competition within that geographical scope will irreparably injure Verso Paper. Employee acknowledges and agrees that, for that reason, the prohibitions on competition described below are reasonably tailored to protect Verso Paper. (b) While an employee or consultant of Verso Paper, Employee agrees not to compete in any manner, either directly or indirectly whether for compensation or otherwise with Verso Paper or to assist any other person or entity to compete with Verso Paper in the business of coated and super-calendared paper products or the operation of coated and super-calendared paper xxxxx anywhere in the world. (c) After the termination of employment for any reason, Employee agrees that for a period of twelve (12) months (the “Non-Compete Period”) following such termination Employee will not compete with Verso Paper anywhere in the world in which Verso Paper or its subsidiaries are doing business: (i.) By producing, developing, selling or marketing, or assisting others to produce, develop, sell or market in the business of coated and super-calendared paper products or the operation of coated and super-calendared paper xxxxx; (ii.) By engaging in any sales, marketing, Research and Development or managerial duties (including, without limitation, financial, human resources, strategic planning, or operational duties) for, whether as an employee, consultant, or otherwise, any entity which produces, develops, sells or markets in the business of coated and super-calendared paper products or the operation of coated and super-calendared paper xxxxx; (iii.) By owning, managing, operating, controlling or consulting for any entity which produces, develops, sells or markets in the business of coated and super-calendared paper products or the operation of coated and super-calendared paper xxxxx, provided that this section 3(c)(iii) shall not prohibit Employee from being a passive owner of not more than two percent (2%) of the outstanding stock of any class of a corporation that is publicly traded, so long as Employee has no active participation in the business of such corporation; or (iv.) By soliciting the business of any actual or active prospective customers, or targeted national accounts of Verso Paper for any product, process or service which is competitive with the products, processes, or services of Verso Paper, namely any products, processes or services of the business of coated and super-calendared paper products or the operation of coated and super-calendared paper xxxxx, whether existing or contemplated for the future, on which Employee has worked, or concerning which Employee has in any manner acquired knowledge or Protected Information about, during the twenty four (24) months preceding termination of Employee’s employment. It shall not be a violation of this provision for Employee to accept employment with a non-competitive division or business unit of a multi-divisional company some of whose divisions or business units are competitors of Verso Paper, so long as Employee does not engage in, oversee, provide input or information regarding, or participate in any manner in the activities described in this paragraph as they relate to the division or business unit which is a competitor of Verso Paper. Employee shall not assist others in engaging in activities which Employee is not permitted to take. (d) Verso Paper and Employee agree that, during the Non-Compete Period, if Employee is unable, despite diligent search, to obtain employment consistent with Employee’s experience and education, Employee shall so notify Verso Paper in writing, describing in detail the efforts Employee has made to secure such employment that does not conflict with Employee’s non-compete obligations. Upon receipt and reasonable verification of the information contained in such notice, and provided that Employee complies with all his obligations under this Agreement (including, without limitation, his obligations under sections 2, 3(c) and 4), Verso Paper shall make monthly payments to Employee equal to the monthly base pay Employee was receiving from Verso Paper in the month prior to the termination of employment with Verso Paper for each month (or prorated for periods less than a month) of such unemployment during the Non-Compete Period. Before the close of each month for which Employee seeks such payment, Employee shall advise Verso Paper in writing of Employee’s efforts to obtain non-competitive employment and shall certify that although Employee diligently sought such employment, Employee was unable to obtain it.

Non-Compete Provisions. (a) Employee acknowledges I acknowledge and agrees that, agree that the business of Verso International Paper and its customers is worldwide in scope, Verso that International Paper’s competitors and customers are located throughout the world, and Verso that International Paper’s strategic planning and Research research and Development development activities have application throughout the world and are for the benefit of customers and Verso International Paper’s business throughout the world, and therefore, the restrictions on the Employee’s that use or disclosure of Protected Information or prohibited competition after employment as described below apply to anywhere in the world in which Verso Paper or its subsidiaries are doing business. Employee acknowledges that any such competition within that geographical scope will irreparably injure Verso International Paper. Employee acknowledges , and agrees that, for that reason, the prohibitions on competition described below are reasonably tailored to protect Verso Paperfor those reasons worldwide in scope. (b) While an employee or consultant of Verso International Paper, Employee agrees I agree not to compete or prepare to compete in any manner, either directly or indirectly indirectly, whether for compensation or otherwise otherwise, with Verso Paper International Paper, or to assist any other person or entity to compete or to prepare to compete with Verso Paper in the business of coated and super-calendared paper products or the operation of coated and super-calendared paper xxxxx anywhere in the worldInternational Paper. (c) After the termination of my employment for any reason, Employee agrees I agree that for a period of twelve (12) months one year (the “Nonnon-Compete Periodcompete period”) following such termination Employee I will not compete with Verso Paper anywhere in the world in which Verso Paper or its subsidiaries are doing businessInternational Paper: (i.i) By by producing, developing, selling or marketing, or assisting others to produce, develop, sell or market in the business of coated and super-calendared paper products or the operation of coated and super-calendared paper xxxxx;market, (ii.) By by engaging in any sales, marketing, Research research and Development development or managerial duties (including, without limitation, financial, human resources, strategic planning, or operational duties) for, whether as an employee, consultant, or otherwise, any entity which produces, develops, sells or markets in the business of coated and super-calendared paper products or the operation of coated and super-calendared paper xxxxx;markets, (iii.) By by owning, managing, operating, controlling or consulting for any entity which produces, develops, sells or markets in the business of coated and super-calendared paper products or the operation of coated and super-calendared paper xxxxx, provided that this section 3(c)(iii) shall not prohibit Employee from being a passive owner of not more than two percent (2%) of the outstanding stock of any class of a corporation that is publicly traded, so long as Employee has no active participation in the business of such corporation; ormarkets, (iv.) By by soliciting the business of any actual or active prospective customers, or targeted national accounts customers of Verso International Paper for any product, process process, or service which is competitive with the those products, processes, or services of Verso International Paper, namely any products, processes or services of the business of coated and super-calendared paper products or the operation of coated and super-calendared paper xxxxx, whether existing or contemplated for the future, on which Employee has I have worked, or concerning which Employee has I have in any manner acquired knowledge or Protected Information about, during the twenty four (24) months preceding termination of Employee’s my employment. It shall not be a violation of this provision for Employee me to accept employment with a non-competitive division or business unit of a multi-divisional company some of whose divisions or business units are competitors of Verso International Paper, so long as Employee does I do not engage in, oversee, provide input or information regarding, or participate in any manner in the activities described in this paragraph as they relate to the division or business unit which is a competitor of Verso International Paper. Employee I shall not assist others in engaging in activities which Employee is I am not permitted to take. (d) Verso Paper and Employee I agree that, during that in the Non-Compete Period, if Employee is event that I am unable, despite diligent search, to obtain employment during the non-compete period consistent with Employee’s my experience and educationeducation solely by reason of Section 3 of this Agreement, Employee I shall so notify Verso International Paper in writing, describing in detail the efforts Employee has I have made to secure such employment that does not conflict with Employee’s my non-compete obligations. Upon receipt and reasonable verification of the information contained in such notice, and provided that Employee complies with all his obligations under this Agreement (including, without limitation, his obligations under sections 2, 3(c) and 4), Verso International Paper shall make monthly payments to Employee me equal to the monthly base pay Employee I was receiving from Verso International Paper in the month prior to the termination of my employment with Verso International Paper for each month (or prorated pro rata for periods less than a month) of such unemployment during the Nonnon-Compete Periodcompete period. Before the close of each month for which Employee seeks I seek such payment, Employee I shall advise Verso Paper the Company in writing of Employee’s my efforts to obtain non-competitive employment and shall certify that although Employee I diligently sought such employment, Employee I was unable to obtain itit solely by reason of Section 3 of this Agreement.

Non-Compete Provisions. (a) Employee acknowledges and agrees that, the business of Verso Paper and its customers is worldwide in scope, Verso Paper’s 's competitors and customers are located throughout the world, and Verso Paper’s 's strategic planning and Research and Development activities have application throughout the world and are for the benefit of customers and Verso Paper’s 's business throughout the world, and therefore, the restrictions on the Employee’s 's competition after employment as described below apply to anywhere in the world in which Verso Paper or its subsidiaries are doing business. Employee acknowledges that any such competition within that geographical scope will irreparably injure Verso Paper. Employee acknowledges and agrees that, for that reason, the prohibitions on competition described below are reasonably tailored to protect Verso Paper. (b) While an employee or consultant of Verso Paper, Employee agrees not to compete in any manner, either directly or indirectly whether for compensation or otherwise with Verso Paper or to assist any other person or entity to compete with Verso Paper in the business of coated and super-calendared super­calendared paper products or the operation of coated and super-calendared paper xxxxx anywhere in the world. (c) After the termination of employment for any reason, Employee agrees that for a period of twelve (12) months (the “"Non-Compete Period”") following such termination Employee will not compete with Verso Paper anywhere in the world in which Verso Paper or its subsidiaries are doing business: (i.) By producing, developing, selling or marketing, or assisting others to produce, develop, sell or market in the business of coated and super-calendared paper products or the operation of coated and super-calendared paper xxxxx; (ii.) By engaging in any sales, marketing, Research and Development or managerial duties (including, without limitation, financial, human resources, strategic planning, or operational duties) for, whether as an employee, consultant, or otherwise, any entity which produces, develops, sells or markets in the business of coated and super-calendared paper products or the operation of coated and super-calendared paper xxxxx; (iii.) By owning, managing, operating, controlling or consulting for any entity which produces, develops, sells or markets in the business of coated and super-calendared paper products or the operation of coated and super-calendared paper xxxxx, provided that this section 3(c)(iii) shall not prohibit Employee from being a passive owner of not more than two percent (2%) of the outstanding stock of any class of a corporation that is publicly traded, so long as Employee has no active participation in the business of such corporation; or (iv.) By soliciting the business of any actual or active prospective customers, or targeted national accounts of Verso Paper for any product, process or service which is competitive with the products, processes, or services of Verso Paper, namely any products, processes or services of the business of coated and super-calendared paper products or the operation of coated and super-calendared paper xxxxx, whether existing or contemplated for the future, on which Employee has worked, or concerning which Employee has in any manner acquired knowledge or Protected Information about, during the twenty four (24) months preceding termination of Employee’s 's employment. It shall not be a violation of this provision for Employee to accept employment with a non-competitive division or business unit of a multi-divisional company some of whose divisions or business units are competitors of Verso Paper, so long as Employee does not engage in, oversee, provide input or information regarding, or participate in any manner in the activities described in this paragraph as they relate to the division or business unit which is a competitor of Verso Paper. Employee shall not assist others in engaging in activities which Employee is not permitted to take. (d) Verso Paper and Employee agree that, during the Non-Compete Period, if Employee is unable, despite diligent search, to obtain employment consistent with Employee’s 's experience and education, Employee shall so notify Verso Paper in writing, describing in detail the efforts Employee has made to secure such employment that does not conflict with Employee’s 's non-compete obligations. Upon receipt and reasonable verification of the information contained in such notice, and provided that Employee complies with all his obligations under this Agreement (including, without limitation, his obligations under sections 2, 3(c) and 4), Verso Paper shall make monthly payments to Employee equal to the monthly base pay Employee was receiving from Verso Paper in the month prior to the termination of employment with Verso Paper for each month (or prorated for periods less than a month) of such unemployment during the Non-Compete Period. Before the close of each month for which Employee seeks such payment, Employee shall advise Verso Paper in writing of Employee’s 's efforts to obtain non-competitive employment and shall certify that although Employee diligently sought such employment, Employee was unable to obtain it.