Common use of Non-Competition During Employment Clause in Contracts

Non-Competition During Employment. Employee agrees that during the term of Employee’s employment with ConforMIS, Employee shall not engage in any employment, business, or activity that is in any way competitive with ConforMIS Business, and Employee will not assist or enable any other person or organization in competing with ConforMIS or in preparing to engage in competition with the ConforMIS Business, including, without limitation, the development, engineering, marketing, management, production, sale or distribution of “Competitive Products” (hereinafter defined). The provisions of this section will apply both during normal working hours and at all other times including, but not limited to, nights, weekends and vacation time, while Employee is employed by ConforMIS. Mere ownership of less than 1% of the outstanding voting shares of a public entity that may compete with ConforMIS shall not be deemed a violation of this Section 5.1.

Non-Competition During Employment. Employee agrees that during the term of Employee’s employment with ConforMIS, Employee shall not engage in any employment, business, or activity that is in any way competitive with ConforMIS BusinessConforMIS, and Employee will not assist or enable any other person or organization in competing with ConforMIS or in preparing to engage in competition with the ConforMIS BusinessConforMIS, including, without limitation, the development, engineering, marketing, management, production, sale or distribution of “Competitive Products” (hereinafter defined). The provisions of this section will apply both during normal working hours and at all other times including, but not limited to, nights, weekends and vacation time, while Employee is employed by ConforMIS. , provided however that Employee may engage in the development and exploitation of any of the Employee Intellectual Property identified in Attachment A. Mere ownership of less than 1% of the outstanding voting shares of a public entity that may compete with ConforMIS shall not be deemed a violation of this Section 5.1.