Non-Competition After Termination. In further consideration of the Company providing Executive with its confidential information, trade secrets, goodwill, and proprietary business information, Executive agrees that he shall not, at any time during the period of one (1) year after the termination of the later of the Basic Term and any extension of the Basic Term under this Agreement, for any reason, within any market or country in which the Company has operated assets or provided services, or formulated a plan to operate its assets or provide services during the last twelve (12) months of Executive’s employ, engage in or contribute Executive’s knowledge to any work which is competitive with or similar to a product, process, apparatus, services, or development on which Executive worked or with respect to which Executive had access to while employed by the Company; provided, however, that the one (1) year period set forth in this Section 5.4 shall be a two (2) year period in the case of an Executive whose employment is terminated due to Retirement.
5.4.1 In the event that Executive receives any payment of Base Salary from the Company subsequent to his Termination Date, the period of Executive’s non-competition shall continue for the duration of such payments to Executive, but in no event shall the period of non-competition exceed a period of two (2) years after Executive’s Termination Date, even should Executive continue to receive payments of Base Salary following such two (2) year period.
5.4.2 Notwithstanding the time period set forth in Sections 5.4 and 5.4.1 above, in the event of Executive’s termination of employment from the Company for any reason within one (1) year after a Change in Control as defined in Section 3.1B above, the period of Executive’s non-competition shall be for a period of six (6) months after such termination of employment date.
5.4.3 It is understood and agreed that the geographical area set forth in this covenant is divisible so that if this clause is invalid or unenforceable in an included geographic area, that area is severable and the clause remains in effect for the remaining included geographic areas in which the clause is valid.
Non-Competition After Termination. Executive agrees to be bound by the terms of the Confidential Information and Non-Competition agreement attached hereto as Exhibit A and incorporated herein by reference.
Non-Competition After Termination. For a period of one (1) year following the date Executive's employment hereunder is terminated, Executive shall not engage in the ownership, development, acquisition, renovation, management or leasing of any shopping center properties in the Butte, Marin, Sacramento, San Mateo, Santa Xxxxx and Sonoma counties of Northern California, the Orange, Riverside, San Bernardino and San Diego counties of Southern California, the Las Vegas metropolitan area in Nevada, the Maysville seven-county area in Kentucky, the Seattle metropolitan area in Washington, the Portland metropolitan area in Oregon, the Orlando metropolitan area in Florida, the Memphis metropolitan area in Tennessee, the Albuquerque metropolitan area in New Mexico and any other county in which the Company acquires shopping center property during the term of Executive's employment hereunder (collectively, the "Restricted Area"). In addition, Executive shall not engage in any active or passive investment in or reasonably relating to the ownership, development, acquisition, renovation, management or leasing of shopping center properties in the Restricted Area for a period of one year following the date of termination, with the exception of the ownership of up to one percent of the securities of any publicly-traded companies involved in such activities. Nothing herein shall relieve or limit Executive's obligation to comply with Sections 6 and 7. The restrictions set forth in this Section 8 shall not apply if Executive's employment is terminated pursuant to Section 5.1, 5.4 or 5.6.
Non-Competition After Termination. Executive agrees that Executive shall not, at any time during the period of two (2) years after the termination of the Term for any reason, within any of the markets in which the Company has sold products or services or formulated a plan to sell products or services into a market during the last twelve (12) months of Executive’s employ; engage in or contribute Executive’s knowledge to any work which is competitive with or similar to a product, process, apparatus, service, or development on which Executive worked or with respect to which Executive had access to Confidential Information while employed by the Company. Following the expiration of said two (2) year period, Executive shall continue to be obligated under the Confidential Information Section of this Agreement not to use or to disclose Confidential Information of the Company so long as it shall not be publicly available. It is understood that the geographical area set forth in this covenant is divisible so that if this clause is invalid or unenforceable in an included geographic area, that area is severable and the clause remains in effect for the remaining included geographic areas in which the clause is valid.
Non-Competition After Termination. In further consideration of the Company providing Employee confidential information, executive agrees that Executive shall not, at any time during the period of one (1) year after termination within the geographic area as defined by this Section 5 that the Company has sold products or services or formulated a plan to sell products or services into a market during the last twelve (12) months of Executive’s employ, engage in or contribute Executive’s knowledge to any work which is competitive with or similar to a product, process, apparatus, services, or development on which Executive worked or with respect to which Executive had access to Confidential Information while employed by the Company. It is understood that the geographical area set forth in this covenant is divisible so that if this clause is invalid or unenforceable in an included geographic area, that area is severable and the clause remains in effect for the remaining included geographic areas in which the clause is valid. For purposes of this Section 5.3, the geographic area shall apply to the territory or country where the Company conducts operations.
Non-Competition After Termination. For a period of one (1) year following the date Executive's employment hereunder is terminated, Executive shall not engage in the acquisition, renovation, management or leasing of any office properties in the Los Angeles, Orange and San Diego counties of Southern California. In addition, Executive shall not engage in any active or passive investment in or reasonably relating to the acquisition, renovation, management or leasing of office properties in the Los Angeles, Orange and San Diego counties of Southern California for a period of one (1) year following the date of termination, with the exception of the ownership of up to one percent (1%) of the securities of any publicly-traded companies involved in such activities. Nothing herein shall relieve or limit Executive's obligation to comply with Sections 6 and 7. The restrictions set forth in this Section 8 shall not apply if Executive's employment is terminated pursuant to Section 5.1, 5.4 or 5.6.
Non-Competition After Termination. Executive agrees that Executive shall not, at any time during the period of two (2) years after the termination of the Basic Term, for any reason, within any of the markets in which the Company has sold products or services or formulated a plan to sell products or services into a market during the last twelve (12) months of Executive's employ or which the Company enters into within three (3) months thereafter, engage in or contribute Executive's knowledge to any work which is competitive with or similar to a product, process, apparatus, service, or development on which Executive worked or with respect to which Executive had access to Confidential Information while employed by the Company; provided, however, this Paragraph (c) shall not operate to prevent Executive from engaging in retail insurance or re-insurance activities during such two-year period to the extent such activities do not compete or permit any other person or entity to compete with any business the Company or any of its subsidiaries or affiliated companies were engaged in at the time of such termination or which the Company enters into within three (3) months thereafter. Following the expiration of said two (2) year period, Executive shall continue to be obligated under the Confidential Information Paragraph of this Agreement not to use or to disclose Confidential Information of the Company so long as it shall not be publicly available. It is understood that the geographical area set forth in this covenant is divisible so that if this clause is invalid or unenforceable in an included geographic area, that area is severable and the clause remains in effect for the remaining included geographic areas in which the clause is valid.
Non-Competition After Termination. Executive agrees that for a period of [two (2)] years following the later of (i) termination of Executive's employment for whatever reason, or (ii) the conclusion of the period, if any, during which the Company is making payments to Executive pursuant to this Agreement above, Executive shall not, directly or indirectly, whether or not for compensation and whether or not as an employee, engage in Competition with Company or any Subsidiary, or have any Financial Interest in any Competitor to the Company or Subsidiary within any state, region or locality in which the Company or Subsidiary is then doing business.
Non-Competition After Termination. In consideration of the rights and benefits hereunder, the Employee agrees that so long as he is an employee of the Company and for a period of one (1) year (the “Non-Competition Period”) after the date of termination of his employment under this Agreement, he shall not: (i) solicit or encourage any employee of the Company to leave the employment of the Company; or (ii) directly or indirectly, as owner, member, manager, partner, joint venturer, stockholder, employee, broker, agent, principal, trustee, corporate officer, director, licensor, or in any other capacity whatsoever, engage in, become financially interested in, employed by or have any connection with, any person, entity or business in the lodging or hospitality sector that is in competition with the Company’s business (a “Competing Business”), provided, however, that Employee may (i) form his own company for purposes of constructing hotels, so long as he is in compliance with the non-solicit provision contained in this Section 6.C. and (ii) own any securities of any corporation which is engaged in such business and is publicly owned and traded, but in an amount not to exceed at any one time one percent (1%) of the class of a publicly traded stock or securities of such corporation.
Non-Competition After Termination. Executive agrees that Executive shall not, at any time during the period of two (2) years after the termination of the Term for any reason, within any of the markets in which the Company has sold products or services or formulated a plan to sell products or services into a market during the last twelve (12) months of Executive's employ; engage in or contribute Executive's knowledge to any work which is competitive with or similar to a product, process, apparatus, service, or development on which Executive worked or with respect to which Executive had access to Confidential Information while employed by the Company; provided, however, this subsection (c) shall not operate to prevent Executive from engaging in retail insurance or re-insurance activities during such two-year period to the extent such activities do not compete or permit any other person or entity to compete with any business the Company or any of its subsidiaries or affiliated companies were engaged in at the time of such termination. Following the expiration of said two (2) year period, Executive shall continue to be obligated under the Confidential Information Section of this Agreement not to use or to disclose Confidential Information of the Company so long as it shall not be publicly available. It is understood that the geographical area set forth in this covenant is divisible so that if this clause is invalid or unenforceable in an included geographic area, that area is severable and the clause remains in effect for the remaining included geographic areas in which the clause is valid.
