Common use of NON-COMPETITION CLAUSE Clause in Contracts

NON-COMPETITION CLAUSE. 4.1. Party B undertakes not to engage in, for his own or on behalf of others, or participate in the operation of, any business which is competing with Party A directly or indirectly, during his Service Term without Party A’s prior written consent. 4.2. During Party B’s Service Term, without Party A’s prior written consent, Party B undertakes that: he will not pursue a second occupation; he will not accept or acquire any position (including but not limited to a position of partner, director, supervisor, shareholder, manager, staff member, agent, consultant, etc) in any Competing Unit or any other economic organization or social entity having direct economic relation with Party A; he will not provide to such Competing Units any advisory services (regardless of whether or not Party B receives any compensation) or any other assistance (such as engaging in any business the scope of which is identical or similar to the business which Party A is currently undertaking or Party A may decide to develop from time to time); he will not make use of his position at Party A in order to obtain benefits by any improper means; he will not seek private interests for himself by utilizing his position and authority in Party A. 4.3. Upon Separation from Party A due to any reason, without the prior written consent of Party A, Party B shall not hold any position in any Competing Unit within the period to which the economic compensation fee for non-competition paid by Party A is applicable. 4.4. Upon Separation from Party A due to any reason, without the prior written consent of Party A, Party B will not establish and manage, either directly or indirectly, any enterprise which is in competition with Party A, within the period to which the economic compensation fee for non-competition paid by Party A is applicable, including but not limited to the establishment or management of: 4.4.1. an enterprise which is in the same industry as Party A; 4.4.2. an enterprise or organization of any other type (or in any other industry) which engages in any business identical or similar to the main services performed by Party B for Party A; or 4.4.3. an enterprise, or other organization which provides professional consultation or advisory services to the enterprise or organization, referred to in the preceding paragraphs. 4.5. At the time when Party B delivers a resignation notice to Party A or Party A delivers a dismissal notice to Party B, namely, upon termination or dissolution of the labor contract, Party B shall have the obligation to notify Party A in writing of his true subsequent employer. During the non-competition period in which Party B enjoys the economic compensation fee, Party B shall have the obligation to notify Party A in writing of his each new employer unit, position, and the business nature of the new employer unit in which Party A is employed. The time limit for notice shall be one week from the date of commencement of Party B’s employment at the new unit. 4.6. Party B agrees that, during his Service Term and within two years from his Separation from Party A, Party B warrants not to instigate, entice, encourage, solicit, or otherwise attempt to affect, directly or indirectly, any other staff member of Party A for the purpose of leaving Party A and serving Party B or any other individual or entity; Party B warrants not to solicit Party A’s clients or pervious clients for seizing their business and gaining direct or indirect benefits, with the exception of Party B’s activities for performance of his duties during the Service Term at Party A.

NON-COMPETITION CLAUSE. 4.1. 4.1 Party B undertakes not to engage in, for his his/her own or on behalf of others, or participate in the operation of, any business which is competing with Party A directly or indirectly, during his his/her Service Term without Party A’s prior written consent. 4.2. 4.2 During Party B’s Service Term, without Party A’s prior written consent, Party B undertakes that: he it will not pursue a second occupation; he it will not accept or acquire any position (including but not limited to a position of partner, director, supervisor, shareholder, manager, staff member, agent, consultant, etc) in any Competing Unit or any other economic organization or social entity having direct economic relation with Party A; he it will not provide to such Competing Units with any advisory services (regardless of whether with or not Party B receives any without compensation) or any other assistance (such as engaging in any business the scope of which is identical or similar to the business which Party A is currently undertaking or Party A may decide to develop from time to time); he it will not make use of his his/her position at Party A in order to obtain benefits by any improper means; he it will not seek private interests for himself himself/herself by utilizing his his/her position and authority in Party A. 4.3. 4.3 Upon Separation from Party A due to any reason, without the prior written consent of Party A, Party B shall not hold any position in any Competing Unit within the period to which the economic compensation fee for non-competition paid by Party A is applicable. 4.4. 4.4 Upon Separation from Party A due to any reason, without the prior written consent of Party A, Party B will not establish and manage, either directly or indirectly, any enterprise which is in competition with Party A, within the period to which the economic compensation fee for non-competition paid by Party A is applicable, including but not limited to the establishment or management of: 4.4.1. 4.4.1 an enterprise which is in the same industry as Party A; 4.4.2. 4.4.2 an enterprise or organization of any other type (or in any other industry) which engages in any business identical or similar to the main services performed by Party B for Party A; or 4.4.3. 4.4.3 an enterprise, or other organization which provides professional consultation or advisory services to the enterprise or organization, referred to in the preceding paragraphs. 4.5. 4.5 At the time when Party B delivers a resignation notice to Party A or Party A delivers a dismissal notice to Party B, namely, upon termination or dissolution of the labor contract, Party B shall have the obligation to notify Party A in writing of his his/her true subsequent employerdestination. During the non-competition period in which Party B enjoys the economic compensation fee, Party B shall have the obligation to notify Party A in writing of his his/her each new employer unit, position, and the business nature of the new employer unit in which Party A is employedunit. The time limit for notice shall be one week from the date of commencement of Party B’s employment at the new unit. 4.6. 4.6 Party B agrees that, during his his/her Service Term and within two years from his his/her Separation from Party A, Party B warrants not to instigate, entice, encourage, solicit, or otherwise attempt to affect, directly or indirectly, any other staff member of Party A for the purpose of leaving Party A and serving Party B or any other individual or entity; Party B warrants not to solicit Party A’s clients or pervious clients for seizing their business and gaining direct or indirect benefits, with the exception of Party B’s activities for performance of his his/her duties during the Service Term at Party A.

NON-COMPETITION CLAUSE. 4.1. 2.1 During the term of service, Party B undertakes not agrees: (1) to duly perform all the tasks assigned by Party A; (2) to provide Party A with all of its time, skill, energy and efforts. 2.2 Party B hereby agrees that during the term of service, it shall not: (1) directly or indirectly participate in any activities or business with any methods which compete with Party A; (2) engage in, for his own or on behalf of others, or participate in (whether as an manager, consultant, director, officer or employee) any entity which is competitive with the operation ofbusiness of Party A that Party A is or will be engaged in; or have any connection with such entity; or as shareholder hold equity interests in such entity; (3) cause, solicit or intent to employ or employ any employee of the Party A or other person which might be employed by Party A during the term of service; (4) deal with any client, supplier or partner of Party A or any other entity directly trading with Party A; or set up a competitive relationship against Party A with such entities; or assist employment or competition for the individual or entities; or encourage such Party B to terminate its service relationship with Party A; or (5) encourage any client, supplier or partner of Party A or any other entity to terminate their relationship with Party A. Unless these activities above are acted for the interest of Party A or upon the written consent of Party A in advance. 2.3 Party B hereby agrees that within one (1) year from the expiration of the term of service or within three (3) year from December 15 2005, whichever is the later ( under any circumstances, however, no less than two (2) year from the date of the execution date of this Agreement), he/she shall not: (1) directly or indirectly carry out or participate in any business which is competing compete with the business of Party A; (2) directly or indirectly carry out business for other person which is compete with the business of Party A directly or indirectly(including, during his Service Term without Party A’s prior written consent. 4.2. During Party B’s Service Term, without Party A’s prior written consent, Party B undertakes that: he will not pursue a second occupation; he will not accept or acquire any position (including but not limited to hold a position of partner, director, supervisor, shareholder, manager, staff member, agent, consultant, etc) in any Competing Unit or any other economic organization or social the entity having direct economic relation which competes with Party A; he will not provide ). 2.4 Party A agrees to such Competing Units any advisory services (regardless of whether or not compensate Party B receives any compensationin respect of the duty of non-competition, the amount of the compensation shall be one forth (1/4) or any other assistance (such as engaging in any business of the scope of which is identical or similar to the business total remuneration which Party A is currently undertaking or B obtained from Party A may decide to develop from time to time)during the twelve (12) months before the expiration or termination of the Labor Contract; he will not make use of his position at such compensation shall be paid in one lump sum by Party A to Party B upon the expiration or termination of the Labor Contract. 2.5 Should Party A do not pay the compensation to Party B pursuant to this Agreement, it shall be deemed that Party B is not required by Party A to comply with the provisions in order to obtain benefits connection with non-competition in this Agreement. 2.6 If Party B breach its undertakings in respect of the non-competition stipulated in this Article, Party B shall pay the Party A liquidated damages. Such liquidated damages shall be twice of the compensation stipulated in Article 2.4, i.e. two third (2/3) of the total remuneration which Party B obtained from Party A during the twelve (12) months before the expiration or termination of the Labor Contract. If the loss suffered by any improper means; he will not seek private interests for himself by utilizing his position and authority in Party A. 4.3. Upon Separation from Party A due to any reason, without the prior written consent breach of Party Athe non-competition undertakings can not be repaid in full by such liquidated damage, Party B shall not hold any position in any Competing Unit within the period make further compensation so as to which the economic compensation fee for non-competition paid by ensure Party A is applicable. 4.4. Upon Separation from to obtain full and prompt repayment and to prevent Party A due to any reason, without the prior written consent of Party A, Party B will not establish and manage, either directly or indirectly, any enterprise which is in competition with Party A, within the period to which the economic compensation fee for non-competition paid by Party A is applicablefrom such loss, including but not limited to the establishment or management of:loss of the marketable proportion, investigation fees, R&D fees, and fees for the dispute settlement such as arbitration fees, litigation fees and lawyer fees. 4.4.1. an enterprise which is in the same industry as Party A; 4.4.2. an enterprise or organization of any other type (or in any other industry) which engages in any business identical or similar to the main services performed by 2.7 If Party B for Party A; or 4.4.3. an enterprise, or other organization which provides professional consultation or advisory services to the enterprise or organization, referred to breach its undertakings in the preceding paragraphs. 4.5. At the time when Party B delivers a resignation notice to Party A or Party A delivers a dismissal notice to Party B, namely, upon termination or dissolution respect of the labor contract, Party B shall have the obligation to notify Party A in writing of his true subsequent employer. During the non-competition period stipulated in which Party B enjoys the economic compensation feethis Article, Party B shall have the obligation to notify other than repaid Party A in writing of his each new employer unitwith liquidated damages, position, and it shall terminate all the business nature of the new employer unit in which breaching activities. Party A is employed. The time limit for notice shall be one week from the date of commencement of Party B’s employment at the new unit. 4.6. entitled to prevent Party B agrees thatfrom carrying on the breaching activities, during his Service Term and within two years from his Separation from Party A, including soliciting Party B warrants not to instigate, entice, encourage, solicit, or otherwise attempt to affect, directly or indirectly, any other staff member undertake criminal liabilities by virtue of Party A for the purpose of leaving Party A infringing commercial secret and serving Party B or any other individual or entity; Party B warrants not to solicit Party A’s clients or pervious clients for seizing their business and gaining direct or indirect benefits, with the exception of Party B’s activities for performance of his duties during the Service Term at Party A.breaching non-competition restriction.