Non-Competition by Employee. Employee shall not, during his employment with Bank, directly or indirectly, either as an employee, employer, consultant, agent, principal, partner, shareholder, corporate officer, director, or in any other individual or representative capacity, work for, or engage or participate in the business of, any competing company, bank, bank holding company or financial holding company or financial institution or financial services business without the prior written consent of the Board.
Non-Competition by Employee. During the term of this Agreement, the Employee shall not, directly or indirectly, either as an Employee, Employer, Consultant, Agent, Principal, Partner, Corporate Officer, Director, Shareholder, Member, Investor or in any other individual or representative capacity, engage or participate in any business that is in competition in any manner whatever with the business of the Company. For these purposes, the business of the Company is establishing and providing mobile wireless communications services (the "Business"), including all aspects of the Business, within the Service Area as that term is defined in the Schedule of Definitions referred to in and incorporated by reference into the Sprint Agreement. Furthermore, upon the expiration of this Agreement or the termination of this Agreement prior to September 30, 2002, for any reason, the Employee expressly agrees not to engage or participate, directly or indirectly, either as an Employee, Employer, Consultant, Agent, Principal, Partner, Stockholder, Corporate Officer, Director, Shareholder, Member, Investor or in any other individual or representative capacity, for a period of two (2) years in any business that is in competition with the Business and that is located within and/or doing business within the Service Area as defined above as in existence during the term of the Employee's employment with the Company. The parties agree that the Company has a legitimate interest in protecting the Business and goodwill of the Company that has developed in the areas of the Company's Business and in the geographical areas of this Covenant Not To Compete as a result of the operations of the Company. The parties agree that the Company is entitled to protection of its interests in these areas. The parties further agree that the limitations as to time, geographical area, and scope of activity to be restrained do not impose a greater restraint upon Employee than is necessary to protect the goodwill or other business interest of the Company. The parties further agree that in the event of a violation of this Covenant Not To Compete, that the Company shall be entitled to the recovery of damages from Employee and/or an injunction against Employee for the breach or violation or continued breach or violation of this Covenant. The Employee agrees that if a court of competent jurisdiction determines that the length of time or any other restriction, or portion thereof, set forth in this Section 7 is overly restrictive and unenfor...
Non-Competition by Employee. During the term of this Agreement, the Employee shall not directly or indirectly, either as an employee, employer, consultant, agent, principal, partner, stockholder, corporate officer, director, or in any other individual or representative capacity, engage or participate in any competing banking business.
Non-Competition by Employee. Employee acknowledges that (i) Company is engaged in the business of developing, selling, marketing, and implementing power generation and co-generation products and technology and is actively engaged in research and development of such products and technology (the “Business”); (ii) Business is conducted throughout the United States and the world; (iii) his work has given him, and work with Company will continue to give him, proprietary information and trade secrets of and Confidential Information concerning Company; and (iv) the agreements and covenants contained in Sections 11-12 are essential to protect the Business, Confidential Information, and other legitimate interests of Company. Accordingly, Employee agrees that for the duration of Employee's employment with Company and a period of twelve (12) months thereafter, Employee shall not, directly or indirectly, individually or as an employee, officer, director, independent contractor, consultant, or agent, or as a venturer, partner, member, shareholder, or other beneficial holder of any interest in any sole proprietorship, joint venture, partnership, limited liability company, corporation, or other entity or business organization: (i) engage in or be involved in any way in the industry which is in direct or indirect competition with the Business of the Company; (ii) solicit the business of or seek to enter into a business relationship with any customer or prospective customer of Company in areas of the Company's Business; (iii) interfere with the contractual relationship or prospective business relations between Company and any customer or prospective customer of Company; or (iv) hire or attempt to hire for any purpose whatsoever (whether as an employee, officer, director, partner, member, consultant, adviser, independent contractor, agent, or otherwise) any person who is an employee of Company without the prior written consent of Company.
Non-Competition by Employee. During the Term, and for a period of one (1) year following Employee’s separation from the Company for any reason, Employee will not directly or indirectly, provide any service either as an employee, employer, consultant, contractor, agent, principal, partner, substantial stockholder, corporate officer or director of or for any Audio Company that serves any portion of the United States; provided, however, that this provision shall not prevent Employee from owning stock in any publicly-traded company. For this purpose, an “Audio Company” is any company that, as a material part of its business or in material manner competes with the then present or planned business activities of the Company, which shall include specifically but limited to the distribution of audio entertainment products (e.g., terrestrial radio, satellite radio, podcasting, streaming audio, wireless / mobile radio and internet radio, smartphone applications, etc.). If Employee is employed by a company with a non-material Audio Company division that nevertheless competes with the Company in a material way, Employee agrees not to perform any services for that Audio Company division during such one (1) year period. (By way of illustrative example, based on the Company’s current activities as of the effective date of this Agreement, this provision would prohibit Employee from working within the Radio Disney or ABC Radio assets of Disney Corporation, but would not prevent Employee from working in the theme parks or movie studio divisions of Disney. Similarly, this provision would prohibit Employee from working within the podcasting assets of Amazon, but would not prevent Employee from working in any other division of Amazon.) In the event that Employee violates the restrictive covenant set forth above, it is agreed that the term of the restrictive covenant so violated shall be extended for a period equal to one (1) year from the time such violation ceases. Employee’s obligations as set forth above in this Section shall survive beyond the termination of Employee’s employment with the Company.
Non-Competition by Employee. Employee agrees that, during the term of his employment by the Company and for a period of two (2) years following the termination or expiration of Employee's employment with the Company for any reason, Employee will not directly or indirectly, alone or as a partner, officer, director, shareholder or employee of any other firm, engage in any commercial activity in competition with any part of the Company's business as conducted during the term of the Agreement or as of the date of such termination or expiration of employment or with any part of the Company's contemplated business with respect to which Employee has Confidential Information as governed by Article VI, within the Territory.
Non-Competition by Employee. Employee shall not, during the Employment Term, directly or indirectly, either as an employee, employer, consultant, agent, principal, partner, shareholder, corporate officer, director, or in any other individual or representative capacity, engage or participate in any competing bank or financial institution or financial services business without the prior written consent of the Board; provided, however, Employee shall not be restricted by this Section from owning securities of corporations listed on a national securities exchange or regularly traded by national securities dealers so long as such investment does not exceed one percent of the market value of the outstanding securities of such corporation.
Non-Competition by Employee. During the term of this Agreement, the Employee shall not, directly or indirectly, either as an Employee, employer, consultant, agent, principal, partner, stockholder, corporate officer, director, or in any other individual or representative capacity, engage or participate in any business that is in competition in any manner with the business of the Employer. During the term of this Agreement and for a period of three years after termination of this Agreement, the Employee shall not, directly or indirectly, solicit for employment or employ any employee of the Employer for any reason, whether that Employee is employed on the date of this Agreement or at any time during the term of this Agreement, except in the case of a former employee who has had no affiliation with the Employer for the past two years. Except in the case of termination of employment by reason of the breach of this Agreement by the Employer, for a period of two years after leaving the employment of the Employer, the Employee agrees that, without the written consent of the Employer, the Employee will not be involved, directly or indirectly in any enterprise competitive with any business engaged in by the Employer or its subsidiaries. The Employee further agrees that the damages for non-performance of this covenant would be very difficult to determine, and that injunctive relief in such cases would be appropriate. EXHIBIT 10(e) (continued)
Non-Competition by Employee. During the term of this Agreement, including any renewal term, and for a period of one (1) year thereafter (commencing, in the case of Employee upon expiration or termination of this Agreement or on the date Employee ceases to practice with Employer), Employee, shall not, without prior written consent of Employer:
Non-Competition by Employee. Employee covenants that, while he is an employee of the Company or in any other individual or representative capacity and for a one (1) year period after the expiration or termination (whether by the Employee or by the Company, other than a termination by the Company without Cause) of the Agreement, he will not engage in or participate in any business which is in competition with the business of the Company on the date of termination and which continues during the period of non-competition.
