Non-Competition During Term. The Franchisee acknowledges that, in addition to the license of the Marks hereunder, the Franchisor has also licensed commercially valuable information which comprises and is a part of the Licensed Methods, including without limitation, recipes, operations, marketing, advertising and related information and materials and that the value of this information derives not only from the time, effort and money which went into its compilation, but from the usage of the same by all the franchisees of the Franchisor using the Marks and Licensed Methods. The Franchisee therefore agrees that other than the ROCKY MOUNTAIN CHOCOLATE FACTORY Store licensed herein, neither the Franchisee nor any of the Franchisee’s officers, directors, shareholders, members, managers or partners, nor any member of his or their immediate families, shall during the term of this Agreement:
a. have any direct or indirect controlling interest as a disclosed or beneficial owner in a “Competitive Business” as defined below;
b. perform services as a director, officer, manager, employee, consultant, representative, agent or otherwise for a Competitive Business; or
c. divert or attempt to divert any business related to, or any customer or account of the ROCKY MOUNTAIN CHOCOLATE FACTORY Store, the Franchisor’s business or any other ROCKY MOUNTAIN CHOCOLATE FACTORY franchisee’s business, by direct inducement or otherwise, or divert or attempt to divert the employment of any employee of the Franchisor or another franchisee licensed by the Franchisor to use the Marks and Licensed Methods, to any Competitive Business by any direct inducement or otherwise.
Non-Competition During Term. The Executive will not, during the Employment Period, engage in competition with the Company or any of its Affiliates, either directly or indirectly, in any manner or capacity, as advisor, principal, agent, affiliate, promoter, partner, officer, director, employee, stockholder, owner, co-owner, consultant or member of any association or otherwise, in any phase of the business of developing, manufacturing and marketing of products or services which are in the same field of use or which otherwise compete with the products or services or proposed products or services of the Company or any of its Affiliates.
Non-Competition During Term. To further preserve the rights of the Company pursuant to the nondisclosure covenant discussed above, and for the consideration promised by the Company under this Agreement, during the Employee’s employment with the Company the Employee will not, directly or indirectly, as an owner, director, principal, agent, officer, employee, partner, consultant, servant, or otherwise, carry on, operate, manage, control, or become involved in any manner with any business, operation, corporation, partnership, association, agency, or other person or entity which is in the same business as the Company in any location in which the Company, or any subsidiary or affiliate of the Company, operates or has plans or has projected to operate during the Employee’s employment with the Company, including any area within a 50-mile radius of any such location. The foregoing shall not prohibit the Employee from owning up to 5.0% of the outstanding stock of any publicly held company. The Company and the Employee agree that the restrictions contained in this noncompetition covenant are reasonable in scope and duration and are necessary to protect the Company’s business interests and Confidential Information.
Non-Competition During Term. During the Term and any Renewal Term or other period of employment with the Company, the Employee shall not, in any of the United States of America, Canada, Mexico, Europe, or the United Kingdom:
(a) enter into or engage in any business that competes with the Business;
(b) solicit customers, active prospects, business or patronage for any business, wherever located, that competes with the Business or sell any products or services for any business, wherever located, that competes with the Business or could then be provided by the Business;
(c) solicit, divert, entice or otherwise take away any customers, former customers, active prospects, business, patronage or orders of the Company or attempt to do so; or
(d) counsel, promote or assist, financially or otherwise, any Person, engaged in any business that competes with the Business.
Non-Competition During Term. The Franchisee acknowledges that, in addition to the license of the Marks hereunder, the Franchisor has also licensed commercially valuable information which comprises and is a part of the System, including without limitation, operations, marketing, advertising and related information and materials and that the value of this information derives not only from the time, effort and money which went into its compilation, but from the usage of the same by all the franchisees of the Franchisor using the Marks and System. The Franchisee therefore agrees that other than the PAK MAIL Center licensed herein or authorized by separate agreement with the Franchisor, neither the Franchisee nor any of the Franchisee's officers, directors, shareholders or partners, nor any member of his or their immediate families, shall during the term of this Agreement:
a. have any direct or indirect controlling interest as a disclosed or beneficial owner in a "Competitive Business" as defined below;
b. perform services as a director, officer, manager, employee, consultant, representative, agent or otherwise for a Competitive Business; or
c. divert or attempt to divert any business related to, or any customer or account of the PAK MAIL Center, the Franchisor's business or any other PAK MAIL franchisee's business, by direct inducement or otherwise, or divert or attempt to divert the employment of any employee of the Franchisor or another franchisee licensed by the Franchisor to use the Marks and System, to any Competitive Business by any direct inducement or otherwise.
Non-Competition During Term. The Franchisee acknowledges that, in addition to the license of the Marks hereunder, the Franchisor has also licensed commercially valuable information which comprises and is a part of the Licensed Methods, including without limitation, operations, marketing, advertising and related information and materials and that the value of this information derives not only from the time, effort and money which went into its compilation, but from the usage of the same by all Franchisees of the Franchisor using the Marks and Licensed Methods. The Franchisee therefore agrees that other than the COMMWORLD Business licensed herein, the Franchisee and any officers and directors of a corporate Franchisee, are restricted during the term of this Agreement directly or indirectly, for themselves, or through, on behalf of, or in conjunction with any person, persons or legal entity, from: (1) operating any other business or profession which is directly or indirectly involved in the distributing or selling of any telephone or telecommunications products or equipment or from providing telephone installation, repair and maintenance, or system additions, moves and changes, or telephone parts and inventory, or telecommunications consulting services other than through the COMMWORLD Business licensed hereunder, without the prior written consent of the Franchisor; or (2) diverting or attempting to divert any business or customer of the COMMWORLD Business, the Franchisor's business or any other COMMWORLD franchisee's business, to any competitor, by direct inducement or otherwise, or diverting or attempting to divert the employment of any employee of the Franchisor or another franchisee licensed by the Franchisor to use the Marks and Licensed Methods, to any competitor by any direct inducement or otherwise.
Non-Competition During Term. OF AGREEMENT During the term of this Agreement, neither party shall, individually or in conjunction with any other person, firm, partnership, corporation or other third party, as principal, agent, shareholder, director, employee or guarantor or in any other manner whatsoever, directly or indirectly carry on, be engaged in, concerned with or interested in or advise in the operation of any business utilizing a system similar to the System of sells products similar to the Products. For greater certainty, the parties hereby acknowledge and agree that the continued distribution by the Distributor of the products currently distributed by the Distributor shall not be considered to be in breach of the foregoing covenant.
Non-Competition During Term of Agreement Unless approved by Franchisor in writing, during the term of this Agreement, Developer and Developer's Principals shall not, directly or indirectly:
(a) Divert or attempt to divert business of any Franchised Restaurant established pursuant to a Franchise Agreement to any competitor, or do or perform any other act injurious or prejudicial to the goodwill associated with Franchisor's Proprietary Marks, the Animated Entertainment and the System;
(b) Employ or seek to employ any person who is employed by Franchisor or by any other franchisee or developer of Franchisor; and
(c) Except as provided for herein, own, maintain, engage in, or have an Equity Interest in a Competing Business; provided that this provision shall not apply to any Minority Interest collectively held by Developer or Developer's Principals in any publicly-held corporation listed on a national stock exchange.
Non-Competition During Term. Franchisee acknowledges that, in addition to the license of the Marks, Franchisor also has licensed commercially valuable information which comprises the Licensed Methods, including, without limitation, operations, marketing, advertising, and related information and materials, and that the value of this information arises not only from the time, effort, and money which went into its compilation but also from the usage by all franchisees. Xxxxxxxxxx therefore agrees that, other than the Restaurant, neither Franchisee nor any of Franchisee's officers, directors, shareholders, members, partners or other owners, nor any spouse or other immediate family members of Franchisee or any of these individuals (collectively, "Bound Parties"), shall during the term of this Agreement:
Non-Competition During Term. To further preserve the rights of the Company pursuant to the nondisclosure covenant discussed above, and for the consideration promised by the Company under this Agreement, during the Term, the Executive will not, directly or indirectly, as an owner, director, principal, agent, officer, employee, partner, consultant, servant, or otherwise, carry on, operate, manage, control, or become involved in any manner with any business, operation, corporation, partnership, association, agency, or other person or entity which is in the same or similar lines of business as the Company, as of the date hereof, which business includes the business of presenting, promoting, and producing of touring concert events and other live entertainment events and the exploitation of intellectual property rights associated with any tour or event, and the representation of artists or groups, in any location in which the Company, or any subsidiary or affiliate of the Company, operates or has plans or has projected to operate during the Executive's employment with the Company, including any area within a 75-mile radius of any such location. The Executive agrees that during the Term, he will inform the Company of each material business opportunity related to the Company's business promptly following his becoming aware of the opportunity, and that he will not, directly or indirectly, exploit any such opportunity for his own account or for the account of any other person or entity. The foregoing shall not prohibit the Executive from owning up to five percent (5%) of the issued and outstanding stock of any publicly held company or Grand Entertainment (subject to the limitations set forth in clauses (i) and (ii) of Paragraph 2, which is a potential competitor of the Company's Music Touring Division. Further, the Executive agrees not to receive or accept, directly or indirectly, compensation, remuneration, commissions, bonuses, special dividends, special distributions, gifts or any other transfer of anything of value or other consideration of any kind, from Grand Entertainment or Michael Cohl, xxx xxxx xxt perform any services for Grand Entertainment or Michael Cohl
