Common use of Non-Competition After Employment Clause in Contracts

Non-Competition After Employment. The Company and Employee acknowledge that Employee will acquire much knowledge and information concerning the business of the Company as the result of Employee's employment. Competition by Employee in that business after this Agreement is terminated would severely injure the Company. Accordingly, until six (6) months after this Agreement is terminated or Employee leaves the employment with the Company for any reason whatsoever, Employee will not: 9.1 Within any jurisdiction or marketing area in which the Company is doing business or is qualified to do business, directly or indirectly own, manage, operate, control, be employed by or participate in the ownership, management, operation or control of, or be connected in any manner with, any business of the type and character engaged and competitive with that conducted by the Company. For purposes of interpreting the preceding sentence, the parties acknowledge that while the Company currently competes in the apparel industry, this provision should not prohibit Employee from participating in the entire apparel industry, but only those segments of the apparel industry which compete with the Company's products and services. For these purposes, ownership of securities of not in excess of 5% of the stock of a company that is publicly traded on a national securities exchange or is quoted on an automated quotation system of a national securities association and is part of a national market system shall not be considered to be competition with the Company or any of its affiliates. 9.2 Persuade or attempt to persuade any potential customer or client to which the Company or any of its affiliates has made a proposal or sale, or with which the Company or any of its affiliates has been having discussions, not to transact business with the Company or such affiliate, or instead to transact business with another person or organization. 9.3 Solicit the business of any company which is a customer or client of the Company or any of its affiliates at any time during Employee's employment by the Company, or was its customer or client within two years prior to the date of this Agreement; provided, however, if Employee becomes employed by or represents a business that exclusively sells products that are wholly dissimilar from products then marketed or intended to be marketed by the Company, such contact shall be permissible; 9.4 Solicit, endeavor to entice away from the Company or any of its affiliates, or otherwise interfere with the relationship of the Company or any of its affiliates with, any person who is employed by or otherwise engaged to perform services for the Company or any of its affiliates, whether for Employee's account or for the account of any other person or organization.

Appears in 1 contract

Samples: Employment Agreement (Antigua Enterprises Inc)

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Non-Competition After Employment. The Company and Employee acknowledge that Employee will acquire much knowledge and information concerning the business of the Company as the result of Employee's employment. Competition by Employee in that business after this Agreement is terminated would severely injure the Company. Accordingly, provided that the Company is not in material breach under this Agreement, until six months from the earlier of (6y) months after the expiration of the term of this Agreement is terminated Agreement, or Employee leaves (z) the date Employee's employment with the Company is terminated for any reason whatsoever, Employee will not: 9.1 13.1 Within any jurisdiction or marketing area in which the Company is doing business or is qualified to do business, directly or indirectly own, manage, operate, control, be employed by or participate in the ownership, management, operation or control of, of or be connected in any manner with, any business of the type and character engaged and competitive with that conducted by the Company. For purposes of interpreting the preceding sentence, the parties acknowledge that while the Company currently competes in the apparel industry, this provision should not prohibit Employee from participating in the entire apparel industry, but only those segments of the apparel industry which compete with the Company's products and services. For these purposes, ownership of securities of not in excess of 5% of the stock of a company that is publicly traded on a national securities exchange or is quoted on an automated quotation system of a national securities association and is part of a national market system shall not be considered to be competition with the Company or any of its affiliates. 9.2 13.2 Persuade or attempt to persuade any potential customer or client to which the Company or any of its affiliates has made a proposal or sale, or with which the Company or any of its affiliates has been having discussions, not to transact business with the Company or such affiliate, or instead to transact business with another person or organization. 9.3 13.3 Solicit the business of any company which is a customer or client of the Company or any of its affiliates at any time during Employee's employment by the Company, or was with its customer or client within two years prior to the date of this Agreement; provided, however, if Employee becomes employed by or represents a business that exclusively sells products that are wholly dissimilar from products then marketed or intended to be marketed by the Company, such contact shall be permissible; 9.4 13.4 Solicit, endeavor to entice away from the Company or any of its affiliates, or otherwise interfere with the relationship of the Company or any of its affiliates with, any person who is employed by or otherwise engaged to perform services for the Company or any of its affiliates, whether for Employee's account or for the account of any other person or organization.

Appears in 1 contract

Samples: Employment Agreement (Antigua Enterprises Inc)

Non-Competition After Employment. The Company and Employee acknowledge that Employee will acquire much knowledge and information concerning the business of the Company as the result of Employee's employment. Competition by Employee in that business after this Agreement is terminated would severely injure the Company. Accordingly, provided that the Company is not in material breach under this Agreement, until six a date which is two (62) months after this Agreement years from the date Employee's employment agreement is terminated or Employee leaves the employment with the Company for any reason whatsoeverreason, Employee will not: 9.1 10.1 Within any jurisdiction or marketing area in which the Company is doing business, plans to do business or is qualified to do business, directly or indirectly own, manage, operate, control, be employed by or participate in the ownership, management, operation or control of, or be connected in any manner with, any business of the type and character engaged and competitive with that conducted by the Company. For purposes of interpreting the preceding sentence, the parties acknowledge that while the Company currently competes in the apparel industry, this provision should not prohibit Employee from participating in the entire apparel industry, but only those segments of the apparel industry which compete directly or indirectly with the Company's products and services. For these purposes, ownership of securities of not in excess of 5% of the stock of a company that is publicly traded on a national securities exchange or is quoted on an automated quotation system of a national securities association and is part of a national market system shall not be considered to be competition with the Company or any of its affiliates. 9.2 10.2 Persuade or attempt to persuade any existing or potential customer or client to which the Company or any of its affiliates has made a proposal or sale, or with which the Company or any of its affiliates has been having discussions, not to transact business with the Company or such affiliate, or instead to transact business with another person or organization. 9.3 10.3 Solicit the business of any company which is a customer or client of the Company or any of its affiliates at any time during Employee's employment by the Company, or was its customer or client within two years prior to the date of this Agreement; provided, however, if Employee becomes employed by or represents a business that exclusively sells products that are wholly dissimilar from from, and not competitive directly or indirectly with, products then marketed or intended to be marketed by the Company, such contact shall be permissible; 9.4 10.4 Solicit, endeavor to entice away from the Company or any of its affiliates, or otherwise interfere with the relationship of the Company or any of its affiliates with, any person who is employed by or otherwise engaged to perform services for the Company or any of its affiliates, whether for Employee's account or for the account of any other person or organization.

Appears in 1 contract

Samples: Employment Agreement (Antigua Enterprises Inc)

Non-Competition After Employment. The Company and Employee acknowledge that Employee will acquire much knowledge and information concerning the business of the Company as the result of Employee's employment. Competition by Employee in that business after this Agreement is terminated would severely injure the Company. Accordingly, until six (6) months one year after this Agreement is terminated or Employee leaves the employment with the Company for any reason whatsoever, Employee will not: 9.1 Within any jurisdiction or marketing area in which the Company is doing business or is qualified to do business, directly or indirectly own, manage, operate, control, be employed by or participate in the ownership, management, operation or control of, or be connected in any manner with, any business of the type and character engaged and competitive with that conducted by the Company. For purposes of interpreting the preceding sentence, the parties acknowledge that while the Company currently competes in the apparel industry, this provision should not prohibit Employee from participating in the entire apparel industry, but only those segments of the apparel industry which compete with the Company's products and services. For these purposes, ownership of securities of not in excess of 5% of the stock of a company that is publicly traded on a national securities exchange or is quoted on an automated quotation system of a national securities association and is part of a national market system shall not be considered to be competition with the Company or any of its affiliates. 9.2 Persuade or attempt to persuade any potential customer or client to which the Company or any of its affiliates has made a proposal or sale, or with which the Company or any of its affiliates has been having discussions, not to transact business with the Company or such affiliate, or instead to transact business with another person or organization. 9.3 Solicit the business of any company which is a customer or client of the Company or any of its affiliates at any time during Employee's employment by the Company, or was its customer or client within two years prior to the date of this Agreement; provided, however, if Employee becomes employed by or represents a business that exclusively sells products that are wholly dissimilar from products then marketed or intended to be marketed by the Company, such contact shall be permissible; 9.4 Solicit, endeavor to entice away from the Company or any of its affiliates, or otherwise interfere with the relationship of the Company or any of its affiliates with, any person who is employed by or otherwise engaged to perform services for the Company or any of its affiliates, whether for Employee's account or for the account of any other person or organization.

Appears in 1 contract

Samples: Employment Agreement (Antigua Enterprises Inc)

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Non-Competition After Employment. The Company and Employee acknowledge that Employee will acquire much knowledge and information concerning the business of the Company as the result of Employee's employment. Competition by Employee in that business after this Agreement is terminated would severely injure the Company. Accordingly, provided that the Company is not in material breach under this Agreement, until six months from the earlier of (6y) months after the expiration of the term of this Agreement is terminated Agreement, or Employee leaves (z) the date Employee's employment with the Company is terminated for any reason whatsoever, Employee will not: 9.1 13.1 Within any jurisdiction or marketing area in which the Company is doing business or is qualified to do business, directly or indirectly own, manage, operate, control, be employed by or participate in the ownership, management, operation or control of, or be connected in any manner with, any business of the type and character engaged and competitive with that conducted by the Company. For purposes of interpreting the preceding sentence, the parties acknowledge that while the Company currently competes in the apparel industry, this provision should not prohibit Employee from participating in the entire apparel industry, but only those segments of the apparel industry which compete with the Company's products and services. For these purposes, ownership of securities of not in excess of 5% of the stock of a company that is publicly traded on a national securities exchange or is quoted on an automated quotation system of a national securities association and is part of a national market system shall not be considered to be competition with the Company or any of its affiliates. 9.2 13.2 Persuade or attempt to persuade any potential customer or client to which the Company or any of its affiliates has made a proposal or sale, or with which the Company or any of its affiliates has been having discussions, not to transact business with the Company or such affiliate, or instead to transact business with another person or organization. 9.3 13.3 Solicit the business of any company which is a customer or client of the Company or any of its affiliates at any time during Employee's employment by the Company, or was its customer or client within two years prior to the date of this Agreement; provided, however, if Employee becomes employed by or represents a business that exclusively sells products that are wholly dissimilar from products then marketed or intended to be marketed by the Company, such contact shall be permissible;. 9.4 13.4 Solicit, endeavor to entice away from the Company or any of its affiliates, or otherwise interfere with the relationship of the Company or any of its affiliates with, any person who is employed by or otherwise engaged to perform services for the Company or any of its affiliates, whether for Employee's account or for the account of any other person or organization.

Appears in 1 contract

Samples: Employment Agreement (Antigua Enterprises Inc)

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