Non-Competition by Executive. During the Employment Term, Executive 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; provided, however, Executive 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 (1%) of the market value of the outstanding securities of such corporation.
Non-Competition by Executive. The Executive acknowledges that the list of the Company's customers and customer contacts as it may exist from time to time are valuable, special, and unique assets of the Company's business. During the period of six (6) months immediately after the termination of Executive's employment with the Company for any cause whatsoever, Executive will not, either directly or indirectly, either for Executive or for any other person, firm, Company or corporation, call upon, solicit, divert, or take away, or attempt to solicit, divert or take away any of the Executives, customers, prospective customers, or business, of the Company upon whom Executive called, solicited, catered, or became acquainted during Executive's employment with the Company.
Non-Competition by Executive. During the Executive's term of employment pursuant to this Agreement or any extension thereof, and for a period of two (2) years after the termination of Executive's employment with the Company (the "Restriction Period"), the Executive agrees that he will not accept employment by, or act as a consultant to, or become a partner, principal or shareholder (other than a holder of less than 1% of the outstanding voting shares of any publicly held company) of, any direct competitor of the Company, or any firm or corporation which, to the knowledge of the Executive, intends to become such a direct competitor, or otherwise engage in any business directly competitive with the Company without first obtaining the written consent of the Company; provided, however, that in the event the Company elects to terminate this Agreement for any reason other than Cause (as defined in Section 8), the Executive shall be released as of the Termination Date (as defined in Section 8) from the obligations of this Section 5.
Non-Competition by Executive. Executive agrees that during the Employment Period and twelve (12) months after the Executive's Employment period with the Company or any of its affiliates, successors or assigns, Executive will not, unless acting with the Company's express written consent, directly or indirectly own, manage, operate, join, control or participate in the ownership, management, operation or control of or be connected as an officer, employee, partner or otherwise with any business engaged in the development, sale or distribution of services incorporating the business, products or strategy of the Company. The Executive shall also not directly or indirectly solicit any such business from any individual or entity which obtained such products from the Company at any time during the Executive's Employment Period or directly or indirectly solicit any such business from any individual or entity previously solicited by the Executive on behalf of the Company.
Non-Competition by Executive. During the Employment Term, Executive 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; provided, however, Executive 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 (1%) of the market value of the outstanding securities of such corporation. Upon the expiration of this Agreement for any reason, for one year Executive agrees not to solicit or hire any employees of Employer.
Non-Competition by Executive. The Executive acknowledges that the list of the Company's customers and customer contacts as it may exist from time to time are valuable, special, and unique assets of the Company's business. During the period of twelve (12) months immediately after the termination of Executive's employment with the Company for any cause whatsoever, Executive will not, either directly or indirectly, either for Executive or for any other person, firm, Company or corporation, call upon, solicit, divert, or take away, or attempt to solicit, divert or take away any of the Executive's customers, prospective customers, or business of the Company related to Medicaid managed care upon whom Executive called, solicited, catered, or became acquainted with during Executive's employment with the Company.
Non-Competition by Executive. If the employment of Executive is terminated for any reason whatsoever, whether by Executive or Company and whether with cause or without cause, provided the Company has made payments to the extent required by Section 5(e), Executive agrees that for a period of two years after the date of such termination, Executive will not, either personally or as an employee, agent, director, officer, shareholder, associate, partner, manager, agent, advisor, independent contractor, proprietor, consultant or otherwise: (i) engage in or for any managed care organization which is competitive with any business in which Company is engaged as of the termination date; (ii) solicit, divert or take away from Company the services of any of the employees or agents of Company, or induce in any way any nonperformance of any of the obligations of such employees or agents to Company; and (iii) undertake, or engage in, any employment or business activities involving the disclosure or use of Company’s trade secrets or confidential information.
Non-Competition by Executive. Executive covenants that, while he is an employee of the Company and for eighteen (18) months after the Executive ceases to be employed by the Company (other than termination without cause or pursuant to Section 6.2), neither he nor any of his affiliates will, directly or indirectly (whether as an investor, shareholder, employee or otherwise), engage in or participate in any business which is in competition with the business of the Company.
Non-Competition by Executive. During the term of this Agreement, and for the applicable Non-competition Period (as such term is hereinafter defined) following the termination of this Agreement, Executive shall not, directly or indirectly, either as an employee, employer, consultant, agent, principal, partner, principal stockholder, corporate officer, director, or in any other individual or representative capacity: (i) engage or participate in any business that is in competition in any manner with the business of the Companies (with Bxxxxxx-Thermo Carbon Capture LLC (the “Joint Venture”) constituting one of the “Companies” for purposes of this Section 5.05 notwithstanding the direct or indirect level of ownership in the Joint Venture at any time by ThermoEnergy Corporation); (ii) divert, take away or attempt to divert or take away (and during the Non-competition Period, call on or solicit) any of the Companies’ clients within the United States. For purposes of this Agreement, the term “Non-Competition Period” shall mean (i) with respect only to the Joint Venture, two (2) years and (ii) with respect to all of the other Companies, one (1) year. For purposes of this Agreement, the term “Companies’ clients” shall mean clients who had a business relationship with any of the Companies prior to Executive’s employment with the Company and those who develop a business relationship with any of the Companies during Executive’s employment with the Company; (iii) undertake planning for or organization of any business, within the United States or in any other country in which any of the Companies is engaged in business activity competitive with any of the Companies’ business within the United States or in any other country in which any of the Companies is engaged in business, or combine or conspire with employees or other representatives of any of the Companies’ business within the United States or in any other country in which any of the Companies is engaged in business, for the purpose of organizing any such competitive activity within the United States or in any other country in which any of the Companies is engaged in business; or (iv) induce or influence (or seek to induce or influence) any person who is engaged, as an Executive, agent, independent contractor or otherwise by any of the Companies, within the United States or in any other country in which any of the Companies is engaged in business, to terminate his or her employment or engagement. The provisions of this Section 5.05 may be waived...
Non-Competition by Executive. The Executive acknowledges and agrees that he is bound by the provisions of Section 8 of the Employment Agreement pursuant to which, for a period of one (1) year from and after the Termination Date, he shall not, directly or indirectly, whether for compensation or not, own, manage, operate, join, control or participate in, or be connected as a stockholder, officer, employee, partner, creditor, guarantor, advisor or otherwise, with a competitor (as defined in the Employment Agreement), provided, however, that the Executive shall not be prevented from investing his assets in such form or manner as will not require services on the part of the Executive in the operations of the businesses in which such investments are made and provided any such business is publicly owned and the interest of the Executive therein is solely that of an investor owning not more than five (5%) percent of the outstanding equity securities of any such business. The Executive further acknowledges and agrees that, for a period of six (6) months from and after the Termination Date, the Executive shall not offer employment or otherwise solicit as a director, officer, employee, agent or in any other capacity any person or persons who are employed by the Company or who were at any time (within six (6) months prior to the Termination Date) employed by the Company or otherwise interfere with the relationship of the Company with such persons or of the Company's vendors or customers, or request or cause any employees, vendors or customers of the Company to alter, cancel or terminate any business relationship between any such parties and the Executive further agrees not to make any disparaging remarks or negative comments about the Company, its business practices or its personnel matters.
