Non-Competition Obligations. The Company agrees to and shall provide Executive with immediate access to Confidential Information. Ancillary to the rights and severance benefits provided to Executive, the Company’s provision of Confidential Information and specialized training to Executive, and Executive’s agreement not to disclose Confidential Information, and in order to protect the Confidential Information described above, the Company and Executive agree to the following non-competition provisions. Executive agrees that during Executive’s employment with the Company and for the “Period of Post-Employment Non-Competition Obligations” set forth in Exhibit “A,” Executive will not, directly or indirectly, for Executive or for any other person or entity, in the “Geographic Region of Responsibility” described on Exhibit “A” (or, if Executive’s Geographic Region of Responsibility has changed, in any and all geographic regions in which Executive has devoted substantial attention at such location to the material business interest of the Company and its Affiliates during the 12-month period immediately preceding Executive’s termination of employment), engage in, assist, or have any active interest or involvement, whether as an employee, agent, consultant, creditor, advisor, officer, director, stockholder (excluding holdings of 2% or less of the stock of a public company), partner, proprietor, or any type of principal whatsoever in any person, firm, business or other entity that generates more than 10% of its annual revenue from the sale of any concrete-related products and services that the Company or its Affiliates offers, then has plans to offer, or has offered in the preceding 12-month period, including, but not limited to, ready-mixed concrete, pre-cast concrete or related building materials or services such as proportioned mix design services, concrete mold engineering or design services, rebar, mesh, color additives, curing compounds, grouts, wooden forms, or similar products or services, whether at wholesale or retail (a “Competing Business”). Executive understands that the foregoing restrictions may limit Executive’s ability to engage in certain businesses in the geographic region and during the period provided for above, but acknowledges that these restrictions are necessary to protect the Confidential Information the Company has provided to Executive.
Appears in 9 contracts
Samples: Executive Severance Agreement (Us Concrete Inc), Executive Severance Agreement (Us Concrete Inc), Executive Severance Agreement (Us Concrete Inc)
Non-Competition Obligations. The Company agrees to and shall provide Executive with immediate access to Confidential Information. Ancillary to the rights and severance benefits provided to Executive, the Company’s provision of Confidential Information and specialized training to Executive, and Executive’s agreement not to disclose Confidential Information, and in order to protect the Confidential Information described above, the Company and Executive agree to the following non-competition provisions. Executive agrees that during Executive’s employment with the Company and for the “Period of Post-Employment Non-Competition Obligations” set forth in Exhibit “A,” Executive will not, directly or indirectly, for Executive or for any other person or entityothers, in the “Geographic Region of Responsibility” described on Exhibit “A” (or, if Executive’s Geographic Region of Responsibility has changed, in any and all geographic regions in which Executive has devoted substantial attention at such location to the material business interest of the Company and its Affiliates affiliated entities during the 12-month period immediately preceding Executive’s termination of employment), engage in, assist, or have any active interest or involvement, whether as an employee, agent, consultant, creditor, advisor, officer, director, stockholder (excluding holdings of 2% or less of the stock of a public company), partner, proprietor, or any type of principal whatsoever in any person, firm, firm or business or other entity that generates more than 10% of its annual revenue from the sale of any concrete-related products and services that the Company or its Affiliates affiliated entities offers, then has plans to offer, or has offered in the preceding 12-month period, including, but not limited to, ready-mixed concrete, pre-cast concrete or related building materials or services such as proportioned mix design services, concrete mold engineering or design services, rebar, mesh, color additives, curing compounds, grouts, wooden forms, or similar products or services, whether at wholesale or retail (a “Competing Business”). Executive understands that the foregoing restrictions may limit Executive’s ability to engage in certain businesses in the geographic region and during the period provided for above, but acknowledges that these restrictions are necessary to protect the Confidential Information the Company has provided to Executive.
Appears in 9 contracts
Samples: Executive Severance Agreement (Us Concrete Inc), Employment Agreement (Us Concrete Inc), Employment Agreement (Central Precast Concrete, Inc,)
Non-Competition Obligations. The Company agrees to and shall provide Executive with immediate access to Confidential Information. Ancillary to the rights and severance benefits provided to Executive, the Company’s 's provision of Confidential Information and specialized training to Executive, and Executive’s 's agreement not to disclose Confidential Information, and in order to protect the Confidential Information described above, the Company and Executive agree to the following non-competition provisions. Executive agrees that during Executive’s 's employment with the Company and for the “"Period of Post-Employment Non-Competition Obligations” " set forth in Exhibit “"A,” " Executive will not, directly or indirectly, for Executive or for any other person or entityothers, in the “"Geographic Region of Responsibility” " described on Exhibit “"A” " (or, if Executive’s 's Geographic Region of Responsibility has changed, in any and all geographic regions in which Executive has devoted substantial attention at such location to the material business interest of the Company and its Affiliates affiliated entities during the 12-month period immediately preceding Executive’s 's termination of employment), engage in, assist, or have any active interest or involvement, whether as an employee, agent, consultant, creditor, advisor, officer, director, stockholder (excluding holdings of 2% or less of the stock of a public company), partner, proprietor, or any type of principal whatsoever in any person, firm, firm or business or other entity that generates more than 10% of its annual revenue from the sale of any concrete-related products and services that the Company or its Affiliates affiliated entities offers, then has plans to offer, or has offered in the preceding 12-month period, including, but not limited to, ready-mixed concrete, pre-cast concrete or related building materials or services such as proportioned mix design services, concrete mold engineering or design services, rebar, mesh, color additives, curing compounds, grouts, wooden forms, or similar products or services, whether at wholesale or retail (a “"Competing Business”"). Executive understands that the foregoing restrictions may limit Executive’s 's ability to engage in certain businesses in the geographic region and during the period provided for above, but acknowledges that these restrictions are necessary to protect the Confidential Information the Company has provided to Executive.
Appears in 7 contracts
Samples: Employment Agreement (Us Concrete Inc), Employment Agreement (Us Concrete Inc), Employment Agreement (Us Concrete Inc)
Non-Competition Obligations. The Company agrees Employee acknowledges that the Bank has provided and has hereby agreed to and shall continue to provide Executive Employee with immediate access to Confidential Information. Ancillary to the rights and severance benefits provided to Executive, the Company’s provision of Confidential Information and specialized training to Executive, and ExecutiveEmployee’s agreement not to disclose Confidential Information, and in order to protect the Confidential Information described above, and in consideration for Employee’s receiving continued access to this Confidential Information and compensation stated in this Agreement, the Company Bank and Executive Employee agree to the following non-competition provisions. Executive Employee agrees that during Executivethe period of Employee’s employment with the Company and for the “Period of Post-Employment Non-Competition Obligations” set forth in unfair competition obligations as stated on Exhibit “A,” Executive , Employee will not, directly or indirectly, for Executive Employee or for any other person or entityothers, in the “Geographic Region of Responsibility” described geographic region stated on Exhibit “A” (, or, if ExecutiveEmployee’s Geographic Region of Responsibility geographic region has changed, in any and all geographic regions in which Executive Employee has devoted substantial attention at such location to the material business interest of the Company and its Affiliates during worked for the 12-month period immediately preceding ExecutiveEmployee’s termination of employment), Employment:
a. engage in, assist, or have any active interest or involvement, whether as an employee, agent, consultant, creditor, advisor, officer, director, stockholder (excluding holdings of 2% or less of the stock of a public company), partner, proprietor, or any type of principal whatsoever in any personbusiness conducted by the Bank Group related to community banking and/or financial activities in which the Bank Group is doing business, firm, business or other entity that generates more than 10% of its annual revenue from the sale of any concrete-related products and services that the Company or its Affiliates offers, then has plans to offerengage in business, or has offered engaged in business in the preceding 12-month period;
b. perform any job, includingtask, but not limited function, or responsibility that Employee has provided for the Bank Group in the preceding 12-month period; or
c. render advice or services to, ready-mixed concreteor otherwise assist, pre-cast concrete any other person, association or related building materials entity in the business of “a,” or services such as proportioned mix design services, concrete mold engineering or design services, rebar, mesh, color additives, curing compounds, grouts, wooden forms, or similar products or services, whether at wholesale or retail (a “Competing Business”)b” above. Executive Employee understands that the foregoing restrictions may limit ExecutiveEmployee’s ability to engage in certain businesses in the geographic region and during the period provided for above, but acknowledges that these restrictions are necessary to protect the Confidential Information the Company Bank has provided or made available to ExecutiveEmployee. Employee agrees that this provision defining the scope of activities constituting prohibited competition with the Bank Group is narrow and reasonable for the following reasons: (i) Employee is free to seek employment with other companies providing services that do not directly or indirectly compete with any business of the Bank Group; (ii) Employee is free to seek employment with other companies in the banking business that do not directly or indirectly compete with any business of the Bank Group; and (iii) there are many other companies in the banking business that do not directly or indirectly compete with any business of the Bank Group. Thus, this restriction on Employee’s ability to compete does not prevent Employee from using and offering the skills that Employee possessed prior to receiving Confidential Information, specialized training, and knowledge from the Bank.
Appears in 2 contracts
Samples: Employment Agreement (Stellar Bancorp, Inc.), Employment Agreement (CBTX, Inc.)
Non-Competition Obligations. The Company agrees to Executive acknowledges that PGI and shall provide its affiliates are providing Executive with immediate access to Confidential Information. Ancillary to the rights and severance benefits provided to Executive, the Company’s provision of Confidential Information and specialized training to Executive, and Executive’s non-competition obligations are ancillary to PGI’s agreements provided in Article 2 and agreement not to disclose Confidential Information, and in Information to Executive. In order to protect the Confidential Information described above, the Company and in consideration for Executive’s receiving access to this Confidential Information, right to compensation and benefits upon certain terminations as provided in Article 2, and receiving other compensation provided in this Agreement, PGI and Executive agree to the following non-competition provisions. Executive agrees that during : During Executive’s employment with and during the Company and eighteen (18) month period following Executive’s date of termination for the “Period of Post-Employment Non-Competition Obligations” set forth in Exhibit “A,” any reason, Executive will not, in any geographic area where PGI or its affiliates engage or plan to engage in business directly or indirectly, for Executive either on Executive’s own behalf or for on behalf of any other person person, association or entity, in the “Geographic Region of Responsibility” described on Exhibit “A” (or, if Executive’s Geographic Region of Responsibility has changed, :
a. engage in any and all geographic regions business competing with any businesses in which Executive PGI or its affiliates currently engages in business, has devoted substantial attention at such location plans to the material engage in business, or has engaged in business interest of the Company and its Affiliates during in the 12-month period immediately preceding Executive’s the date of termination of employment), engage in, assist, or have any active interest or involvement, whether as an employee, agent, consultant, creditor, advisor, officer, director, stockholder (excluding holdings of 2% or less of the stock of a public company), partner, proprietor, or any type of principal whatsoever in any person, firm, business or other entity that generates more than 10% of its annual revenue from the sale of any concrete-related products and services that the Company or its Affiliates offers, then has plans to offer, or has offered in the preceding 12-month period, including, but not limited to, ready-mixed concrete, pre-cast concrete or related building materials or services such as proportioned mix design services, concrete mold engineering or design services, rebar, mesh, color additives, curing compounds, grouts, wooden forms, or similar products or services, whether at wholesale or retail (a “Competing Business”);
b. perform any job, task, function, skill, or responsibility for a Competing Business that Executive has provided for PGI or its affiliates in the 12-month period preceding the date of termination; or
c. render advice or services to, or otherwise assist, any other person, association or entity in the business of “a” or “b” above. Executive understands that the foregoing restrictions may limit Executive’s his ability to engage in certain businesses in the geographic region and during the period provided for above, but acknowledges that these restrictions are necessary to protect the Confidential Information the Company has PGI and/or its affiliates have provided to Executive. Executive agrees that this provision defining the scope of activities constituting competition with PGI and its affiliates is narrow and reasonable for the following reasons: (i) Executive is free to seek employment with other companies providing services that do not directly or indirectly compete with any business of PGI and its affiliates; (ii) Executive is free to seek employment with other companies that do not directly or indirectly compete with any business of PGI and its affiliates; and (iii) there are many other companies that do not directly or indirectly compete with any business of PGI and its affiliates. Thus, this restriction on Executive’s ability to compete does not prevent Executive from using and offering the skills that Executive possessed prior to receiving Confidential Information, specialized training, and knowledge from PGI and its affiliates.
Appears in 2 contracts
Samples: Executive Employment Agreement (Dominion Textile (Usa), L.L.C.), Executive Employment Agreement (Dominion Textile (Usa), L.L.C.)
Non-Competition Obligations. The Company agrees to and shall provide Executive with immediate access to Confidential Information. Ancillary to the rights and severance benefits provided to Executive, the Company’s provision of Confidential Information and specialized training to Executive, and Executive’s agreement not to disclose Confidential Information, and in order to protect the Confidential Information described above, the Company and Executive agree to the following non-competition provisions. Executive agrees that during Executive’s employment with the Company and for the “Period of Post-Employment Non-Competition Obligations” set forth in Exhibit “A,” Executive will not, directly or indirectly, for Executive or for any other person or entityothers, in the “Geographic Region of Responsibility” described on Exhibit “A” (or, if Executive’s Geographic Region of Responsibility has changed, in any and all geographic regions in which Executive has devoted substantial attention at such location to the material business interest of the Company and its Affiliates affiliated entities during the 12-month period immediately preceding Executive’s termination of employment), engage in, assist, or have any active interest or involvement, whether as an employee, agent, consultant, creditor, advisor, officer, director, stockholder (excluding holdings of 2% or less of the stock of a public company), partner, proprietor, or any type of principal whatsoever in any person, firm, firm or business or other entity that generates more than 10% of its annual revenue from the sale of any concrete-related products and services that the Company or its Affiliates affiliated entities offers, then has plans to offer, or has offered in the preceding 12-month period, including, but not limited to, ready-mixed concrete, pre-cast concrete or related building Xxxxx Execution Version materials or services such as proportioned mix design services, concrete mold engineering or design services, rebar, mesh, color additives, curing compounds, grouts, wooden forms, or similar products or services, whether at wholesale or retail (a “Competing Business”). Executive understands that the foregoing restrictions may limit Executive’s ability to engage in certain businesses in the geographic region and during the period provided for above, but acknowledges that these restrictions are necessary to protect the Confidential Information the Company has provided to Executive.
Appears in 1 contract
Non-Competition Obligations. The Employee acknowledges that the Company agrees to and shall provide Executive is providing Employee with immediate access to Confidential Information. Ancillary to the rights and severance benefits provided to Executive, the Company’s provision of Confidential Information and specialized training to Executive, and ExecutiveEmployee’s agreement not to disclose Confidential Information, and in order to protect the Confidential Information described above, and in consideration for Employee’s receiving access to this Confidential Information and compensation stated in this agreement, the Company and Executive Employee agree to the following non-competition provisions. Executive Employee agrees that during Executivethe period of Employee’s employment with the Company and for the “Period of Postnon-Employment Non-Competition Obligations” set forth in competition obligations as stated on Exhibit “A,” Executive , Employee will not, directly or indirectly, for Executive Employee or for any other person or entityothers, in the “Geographic Region of Responsibility” described geographic region stated on Exhibit “A” (, or, if ExecutiveEmployee’s Geographic Region of Responsibility geographic region has changed, in any and all geographic regions in which Executive Employee has devoted substantial attention at such location to the material business interest of the Company and its Affiliates during worked for the 12-month period immediately preceding ExecutiveEmployee’s termination of employment), Employment:
a. engage in, assist, or have any active interest or involvement, whether as an employee, agent, consultant, creditor, advisor, officer, director, stockholder (excluding holdings of 2% or less of the stock of a public company), partner, proprietor, or any type of principal whatsoever in any person, firm, business or other entity that generates more than 10% of its annual revenue from the sale of any concrete-related products and services that conducted by the Company or its Affiliates offers, then has plans related to offercommunity banking and/or financial activities in which the Company is doing business, or has offered engaged in business in the preceding 12-month period, including, but not limited ; or
b. render advice or services to, ready-mixed concreteor otherwise assist, pre-cast concrete any other person, association or related building materials or services such as proportioned mix design services, concrete mold engineering or design services, rebar, mesh, color additives, curing compounds, grouts, wooden forms, or similar products or services, whether at wholesale or retail (entity in a “Competing Business”)business that directly competes with the Company. Executive Employee understands that the foregoing restrictions may limit ExecutiveEmployee’s ability to engage in certain businesses in the geographic region and during the period provided for above, but acknowledges that these restrictions are necessary to protect the Confidential Information the Company has provided to ExecutiveEmployee. Employee agrees that this provision defining the scope of activities constituting prohibited competition with the Company is narrow and reasonable for the following reasons: (i) Employee is free to seek employment with other companies providing services that do not directly or indirectly compete with any business of the Company; (ii) Employee is free to seek employment with other companies in the banking business that do not directly or indirectly compete with any business of the Company; and (iii) there are many other companies in the banking business that do not directly or indirectly compete with any business of the Company. Thus, this restriction on Employee’s ability to compete does not prevent Employee from using and offering the skills that Employee possessed prior to receiving Confidential Information, specialized training, and knowledge from the Company.
Appears in 1 contract
Samples: Employment Agreement (CBTX, Inc.)
Non-Competition Obligations. The Company agrees to and shall provide Executive with immediate access to Confidential Information. Ancillary to the rights and severance benefits provided to Executive, the Company’s provision of Confidential Information and specialized training to Executive, and Executive’s agreement not to disclose Confidential Information, and in order to protect the Confidential Information described above, the Company and Executive agree to the following non-competition provisions. Executive agrees that during Executive’s employment with the Company and for the “Period of Post-Employment Non-Competition Obligations” set forth in Exhibit “A,” Executive will not, directly or indirectly, for Executive or for any other person or entityothers, in the “Geographic Region of Responsibility” described on Exhibit “A” (or, if Executive’s Geographic Region of Responsibility has changed, in any and all geographic regions in which Executive has devoted substantial attention at such location to the material business interest of the Company and its Affiliates affiliated entities during the 12-month period immediately preceding Executive’s termination of employment), engage in, assist, or have any active interest or involvement, whether as an employee, agent, consultant, creditor, advisor, officer, director, stockholder (excluding holdings of 2% or less of the stock of a public company), partner, proprietor, or any type of principal whatsoever in any person, firm, firm or business or other entity that generates more than 10% of its annual revenue from the sale of any concrete-related products and services that the Company or its Affiliates affiliated entities offers, then has plans to offer, or has offered in the preceding 12-month period, including, but not limited to, ready-mixed concrete, pre-cast concrete or related building materials or services such as proportioned mix design services, concrete mold engineering or design services, rebar, mesh, color additives, curing compounds, grouts, wooden forms, or similar products or services, whether at wholesale or retail (a “Competing Business”). Executive understands that the foregoing restrictions may limit Executive’s ability to engage in certain businesses in the geographic region and during the period provided for above, but acknowledges that these restrictions are necessary to protect the Confidential Information the Company has provided to Executive.. Xxxxxx Execution Version
Appears in 1 contract
Non-Competition Obligations. The Company agrees to and shall provide the Executive with immediate access to Confidential Information. Ancillary to the rights and severance benefits provided to the Executive, the Company’s provision of Confidential Information and specialized training to the Executive, and the Executive’s agreement not to disclose Confidential Information, and in order to protect the Confidential Information described above, the Company and the Executive agree to the following non-competition provisions. The Executive agrees that during the Executive’s employment consulting relationship with the Company and for Company, the “Period of Post-Employment Non-Competition Obligations” set forth in Exhibit “A,” Executive will not, directly or indirectly, for the Executive or for any other person or entityothers, in the “Geographic Region of Responsibility” described on Exhibit “A” in Section 6.I below (or, if the Executive’s Geographic Region of Responsibility has changed, in any and all geographic regions in which the Executive has devoted substantial attention at such location to the material business interest of the Company and its Affiliates affiliated entities during the 12-month period immediately preceding the termination of the Executive’s termination of employmentconsulting relationship with the Company), engage in, assist, or have any active interest or involvement, whether as an employee, agent, consultant, creditor, advisor, officer, director, stockholder (excluding holdings of 2% or less of the stock of a public company), partner, proprietor, or any type of principal whatsoever in any person, firm, firm or business or other entity that generates more than 10% of its annual revenue from the sale of any concrete-related products and services that the Company Company, or its Affiliates affiliated entities offers, then has plans to offer, or has offered in the preceding 12-month period, including, but not limited to, ready-mixed concrete, pre-cast concrete or related building materials or services such as proportioned mix design services, concrete mold engineering or design services, rebar, mesh, color additives, curing compounds, grouts, wooden forms, or similar products or services, whether at wholesale or retail (a “Competing Business”). The Executive understands that the foregoing restrictions may limit the Executive’s ability to engage in certain businesses in the geographic region and during the period provided for above, but acknowledges that these restrictions are necessary to protect the Confidential Information the Company has provided to the Executive.
Appears in 1 contract
Non-Competition Obligations. The Company agrees to and shall provide Executive Employee acknowledges that the Bank is providing Employee with immediate access to Confidential Information. Ancillary to the rights and severance benefits provided to Executive, the Company’s provision of Confidential Information and specialized training to Executive, and ExecutiveEmployee’s agreement not to disclose Confidential Information, and in order to protect the Confidential Information described above, and in consideration for Employee’s receiving access to this Confidential Information and compensation stated in this agreement, the Company Bank and Executive Employee agree to the following non-competition provisions. Executive Employee agrees that during Executivethe period of Employee’s employment with the Company and for the “Period of Post-Employment Non-Competition Obligations” set forth in Exhibit “A,” Executive will not, directly or indirectly, for Executive or for any other person or entity, in the “Geographic Region of Responsibility” described on Exhibit “A” (or, if Executive’s Geographic Region of Responsibility has changed, unfair competition
a. engage in any and all geographic regions business conducted by the Bank related to community banking and/or financial activities in which Executive has devoted substantial attention at such location to the material business interest of the Company and its Affiliates during the 12-month period immediately preceding Executive’s termination of employment)Bank is doing business, engage in, assist, or have any active interest or involvement, whether as an employee, agent, consultant, creditor, advisor, officer, director, stockholder (excluding holdings of 2% or less of the stock of a public company), partner, proprietor, or any type of principal whatsoever in any person, firm, business or other entity that generates more than 10% of its annual revenue from the sale of any concrete-related products and services that the Company or its Affiliates offers, then has plans to offerengage in business, or has offered engaged in business in the preceding 12-month period;
b. perform any job, includingtask, but not limited function, or responsibility that Employee has provided for the Bank in the preceding 12-month period; or
c. render advice or services to, ready-mixed concreteor otherwise assist, pre-cast concrete any other person, association or related building materials entity in the business of “a,” or services such as proportioned mix design services, concrete mold engineering or design services, rebar, mesh, color additives, curing compounds, grouts, wooden forms, or similar products or services, whether at wholesale or retail (a “Competing Business”)b” above. Executive Employee understands that the foregoing restrictions may limit ExecutiveEmployee’s ability to engage in certain businesses in the geographic region and during the period provided for above, but acknowledges that these restrictions are necessary to protect the Confidential Information the Company Bank has provided to ExecutiveEmployee. Employee agrees that this provision defining the scope of activities constituting prohibited competition with the Bank is narrow and reasonable for the following reasons: Employee is free to seek employment with other companies providing services that do not directly or indirectly compete with any business of the Bank; Employee is free to seek employment with other companies in the banking business that do not directly or indirectly compete with any business of the Bank; and there are many other companies in the banking business that do not directly or indirectly compete with any business of the Bank. Thus, this restriction on Employee’s ability to compete does not prevent Employee from using and offering the skills that Employee possessed prior to receiving Confidential Information, specialized training, and knowledge from the Bank.
Appears in 1 contract
Samples: Employment Agreement (CBTX, Inc.)
Non-Competition Obligations. The Company agrees to and shall provide Executive with immediate access to Confidential Information. Ancillary to the rights and severance benefits provided to Executive, the Company’s provision of Confidential Information and specialized training to Executive, and Executive’s agreement not to disclose Confidential Information, and in order to protect the Confidential Information described above, the Company and Executive agree to the following non-competition provisions. Executive agrees that during Executive’s employment with the Company and for the “Period of Post-Employment Non-Competition Obligations” set forth in Exhibit “A,” Executive will not, directly or indirectly, for Executive or for any other person or entityothers, in the “Geographic Region of Responsibility” described on Exhibit “A” (or, if Executive’s Geographic Region of Responsibility has changed, in any and all geographic regions in which Executive has devoted substantial attention at such location to the material business interest of the Company and its Affiliates affiliated entities during the 12-month period immediately preceding Executive’s termination of employment), engage in, assist, or have any active interest or involvement, whether as an employee, agent, consultant, creditor, advisor, officer, director, stockholder (excluding holdings of 2% or less of the stock of a public company), partner, proprietor, or any type of principal whatsoever in any person, firm, firm or business or other entity that generates more than 10% of its annual revenue from the sale of any concrete-related products and services that the Company or its Affiliates affiliated entities offers, then has plans to offer, or has offered in the preceding 12-month period, including, but not limited to, ready-mixed concrete, pre-cast concrete or related building materials or services such as proportioned mix design services, concrete mold engineering or design services, rebar, mesh, color additives, curing compounds, grouts, wooden forms, or similar products or services, whether at wholesale or retail (a “Competing Business”). Executive understands that the foregoing restrictions may limit Executive’s ability to engage in certain businesses in the geographic region and during the period provided for above, but acknowledges that these restrictions are necessary to protect the Confidential Information the Company has provided to Executive.. Gentoso Execution Version
Appears in 1 contract
Non-Competition Obligations. The Company agrees to and shall provide Executive with immediate access to Confidential Information. Ancillary to the rights and severance benefits provided to Executive, the Company’s provision of Confidential Information and specialized training to Executive, and Executive’s agreement not to disclose Confidential Information, and in order to protect the Confidential Information described above, the Company and Executive agree to the following non-competition provisions. Executive agrees that during Executive’s employment with the Company and for the “Period of Post-Employment Non-Competition Obligations” set forth in Exhibit “A,” Executive will not, directly or indirectly, for Executive or for any other person or entityothers, in the “Geographic Region of Responsibility” described on Exhibit “A” (or, if Executive’s Geographic Region of Responsibility has changed, in any and all geographic regions in which Executive has devoted substantial attention at such location to the material business interest of the Company and its Affiliates affiliated entities during the 12-month period immediately preceding Executive’s termination of employment), engage in, assist, or have any active interest or involvement, whether as an employee, agent, consultant, creditor, advisor, officer, director, stockholder (excluding holdings of 2% or less of the stock of a public company), partner, proprietor, or any type of principal whatsoever in any person, firm, firm or business or other entity that generates more than 10% of its annual revenue from the sale of any concrete-related products and services that the Company or its Affiliates affiliated entities offers, then has plans to offer, or has offered in the preceding 12-month period, including, but not limited to, ready-mixed concrete, pre-cast concrete or related building materials or services such as proportioned mix design services, concrete mold engineering or design services, rebar, mesh, color additives, curing compounds, grouts, wooden forms, or similar products or services, whether at wholesale or retail (a “Competing Business”). Executive understands that the foregoing restrictions may limit Executive’s ability to engage in certain businesses in the geographic region and during the period provided for above, but acknowledges that these restrictions are necessary to protect the Confidential Information the Company has provided to Executive.. Xxxxxxxx Execution Version
Appears in 1 contract
Non-Competition Obligations. The Company agrees to and shall provide Executive Employee acknowledges that the Bank is providing Employee with immediate access to Confidential Information. Ancillary to the rights and severance benefits provided to Executive, the Company’s provision of Confidential Information and specialized training to Executive, and ExecutiveEmployee’s agreement not to disclose Confidential Information, and in order to protect the Confidential Information described above, and in consideration for Employee’s receiving continued access to this Confidential Information and compensation stated in this Agreement, the Company Bank and Executive Employee agree to the following non-competition provisions. Executive Employee agrees that during Executivethe period of Employee’s employment with the Company and for the “Period of Postnon-Employment Non-Competition Obligations” set forth in competition obligations as stated on Exhibit “A,” Executive , Employee will not, directly or indirectly, for Executive Employee or for any other person or entityothers, in the “Geographic Region of Responsibility” described geographic region stated on Exhibit “A” (, or, if ExecutiveEmployee’s Geographic Region of Responsibility geographic region has changed, in any and all geographic regions in which Executive Employee has devoted substantial attention at such location to the material business interest of the Company and its Affiliates during worked for the 12-month period immediately preceding ExecutiveEmployee’s termination of employment), Employment:
a. engage in, assist, or have any active interest or involvement, whether as an employee, agent, consultant, creditor, advisor, officer, director, stockholder (excluding holdings of 2% or less of the stock of a public company), partner, proprietor, or any type of principal whatsoever in any personbusiness conducted by the Bank Group related to community banking and/or financial activities in which the Bank Group is doing business, firm, business or other entity that generates more than 10% of its annual revenue from the sale of any concrete-related products and services that the Company or its Affiliates offers, then has plans to offerengage in business, or has offered engaged in business in the preceding 12-month period;
b. perform any job, includingtask, but not limited function, or responsibility that Employee has provided for the Bank Group in the preceding 12-month period; or
c. render advice or services to, ready-mixed concreteor otherwise assist, pre-cast concrete any other person, association or related building materials entity in the business of “a,” or services such as proportioned mix design services, concrete mold engineering or design services, rebar, mesh, color additives, curing compounds, grouts, wooden forms, or similar products or services, whether at wholesale or retail (a “Competing Business”)b” above. Executive Employee understands that the foregoing restrictions may limit ExecutiveEmployee’s ability to engage in certain businesses in the geographic region and during the period provided for above, but acknowledges that these restrictions are necessary to protect the Confidential Information the Company Bank has provided to ExecutiveEmployee. Employee agrees that this provision defining the scope of activities constituting prohibited competition with the Bank Group is narrow and reasonable for the following reasons: (i) Employee is free to seek employment with other companies providing services that do not directly or indirectly compete with any business of the Bank Group; (ii) Employee is free to seek employment with other companies in the banking business that do not directly or indirectly compete with any business of the Bank Group; and (iii) there are many other companies in the banking business that do not directly or indirectly compete with any business of the Bank Group. Thus, this restriction on Employee’s ability to compete does not prevent Employee from using and offering the skills that Employee possessed prior to receiving Confidential Information, specialized training, and knowledge from the Bank.
Appears in 1 contract
Samples: Employment Agreement (CBTX, Inc.)