Non-Competition Provision Clause Samples

Non-Competition Provision. During the term of this Agreement and for three (3) years following the Employee’s last day of employment with the Company, no payment of any then unpaid benefit installment(s) under this Agreement shall be made and all Employee rights under this Agreement to receive payments thereof, shall be forfeited if: (i) Employee engages in any capacity, directly or indirectly, with any business entity or enterprise that is competitive with the Employer’s then current lines of business, namely, water supply and wastewater utility services, and related billing services for such utilities, for the Employee’s own benefit or for the benefit of any person or entity other than those of the Company or any entity related to the Company; and (ii) the engagement is related to competitive enterprise and/or services within sixty (60) miles of the Company’s then certificated territory, as defined by the Company’s then current Public Utility Commission Tariff(s); or (iii) Employee acquires any interest as an owner, sole proprietor, stockholder, partner, lender, director, officer, manager, employee, consultant, agent or otherwise in any business competitive with the Company’s lines of business. Such prohibited interests include a future holding company of Employer or future subsidiary of Employer, or interests which may be in any other way directly or indirectly competitive with the business of Employer or such future holding company or subsidiary of Employer. Such forfeiture may be waived unilaterally by the Board of Directors at their sole discretion. The Employee may hold, directly or indirectly, solely as an investment, not more than 1% of the outstanding securities of any person or entity which is listed on any national securities exchange or regularly traded in the over-the-counter market notwithstanding the fact that such person or entity is engaged in a business competitive with the Employer’s business.

Non-Competition Provision. Notwithstanding anything herein contained to the contrary, no payment of any then unpaid installments of benefits under this Agreement shall be made and all rights under this Agreement of Employee, his spouse, executors or administrators, or other persons claiming through or on behalf of Employee to receive payments thereof, shall be forfeited, unless such forfeiture is waived by the Board, if Employee engages in or takes part in any business enterprise of any kind during employment by Employer or within a period of three (3) years after termination of such employment or at any time while Employee is receiving benefits hereunder for any reason whatsoever, within a sixty (60) mile radius of York, Pennsylvania, whether as an Employee or as an owner directly or indirectly, which manufacture, produces or sells any article then manufactured, produced or sold by Employer or by a present or future holding company of Employer or subsidiary of Employer or of such holding company, or which may be in any other way directly or indirectly competitive with the business of Employer or such holding company or subsidiary of Employer.

Non-Competition Provision. (a) Employee covenants and agrees that except when required to do so in the ordinary course of his duties, Employee will not, at any time, reveal, divulge or make known to any third party any confidential or proprietary records, data, trade secrets, pricing policies, strategy, rate structure, personnel policy, management methods, financial reports, methods or practice of obtaining or doing business, or any other confidential, or proprietary information of Holdings, Atlas or any of their subsidiaries or affiliates (collectively the "Atlas Companies" and each, an "Atlas Company") which is not in the public domain. (b) In addition, Employee covenants and agrees that, at no time before the first anniversary of Employee's termination of employment with Holdings, will Employee engage in any of the following activities directly or indirectly, for any reason, whether for Employee's own account or for the account of any other person, firm, corporation or other organization: (i) solicit, employ or otherwise interfere with any of the Atlas Companies contracts or relationships with any client, employee, officer, director or any independent contractor whether the person is employed by or associated with an Atlas Company on the date of this Agreement or at any time thereafter; or (ii) solicit, accept or otherwise interfere with any of the Atlas Companies' contracts or relationships with any independent contractor, customer, client or supplier, or any person who is a bona fide prospective independent contractor, customer, client or supplier of an Atlas Company. (c) In addition, Employee covenants and agrees that, at no time before the first anniversary of such termination of employment with Holdings, will Employee directly or indirectly, for any reason, whether for Employee's own account or for the account of any other person, firm, corporation or other organization, accept employment with, or give advice to, (i) any air cargo carrier, (ii) any air cargo division or cargo affiliate of any other airline, or (iii) any company that leases cargo aircraft as a significant part of its business on an ACMI, wet lease, charter or dry lease basis. The parties agree and intend that breach of this non-competition clause shall subject Employee to the full measure of contract and equitable damages.

Non-Competition Provision. (a) The Executive acknowledges and agrees that the Company is engaged in a highly competitive business and that by virtue of the Executive’s position and responsibilities with the Company and the Executive’s access to the Confidential Information and Trade Secrets, the Executive’s engaging in any business which is directly competitive with the Company will cause it great and irreparable harm. (b) Accordingly, the Executive covenants and agrees that so long as the Executive is employed by the Company and for the period of twelve (12) months immediately following the termination of such employment, whether voluntarily or involuntarily, the Executive will not, without the express written consent of the Board, directly or indirectly, own, manage, operate or control, or be employed in any capacity similar to the position(s) held by the Executive with the Company, by any company or other for-profit entity engaged primarily in a business that is directly competitive with the Company’s business at the time of the termination of the Executive’s employment with the Company. In recognition that the Company’s Business includes the sale of its products and services throughout the world, this restriction shall apply on a worldwide basis. The foregoing shall not prohibit the Executive from owning not in excess of five percent (5%) of the outstanding stock of any company, which is a reporting company under the Securities Exchange Act of 1934.

Non-Competition Provision. By accepting this Agreement and the grant listed herein, the Employee agrees that if the Employee’s service terminates because of Normal Retirement, the shares under this Option that continue to be vest under this Agreement will become vested and exercisable only if: (1) the date of the Employee’s termination after obtaining Normal Retirement is at least 6 months after the Date of Grant; and (2) for a period of one (1) year after the date of the Employee’s termination after obtaining Normal Retirement, he or she will not accept employment with or perform any competing services (to include, recruiting, financial modeling, vendor relationship management, and/or providing services that draw upon his or her knowledge of Huntington proprietary information) for any bank or bank affiliated broker dealer that has any material operations in any of Huntington’s footprint states (Ohio, Indiana, Kentucky, Michigan, Pennsylvania, West Virginia, and any additional footprint states that may arise from mergers or acquisitions, corporate reorganizations, or related activities after the Date of Grant). “

Non-Competition Provision. By accepting this Agreement and the grant listed herein, the Employee agrees that if the Employee’s service terminates because of Normal Retirement, the shares under this Option that continue to be vest under this Agreement will become vested and exercisable only if: (1) the date of the Employee’s termination after obtaining Normal Retirement is at least 6 months after the Date of Grant; and (2) for a period of one (1) year after the date of the Employee’s termination after obtaining Normal Retirement, he or she will not accept employment with or perform any competing services (to include, recruiting, financial modeling, vendor relationship management, and/or providing services that draw upon his knowledge of Huntington proprietary information) for any bank or bank affiliated broker dealer that has any material operations in any of Huntington’s six (6) footprint states (Ohio, Indiana, Kentucky, Michigan, Pennsylvania, and West Virginia). “

Non-Competition Provision. Provisions in contracts of employment that prohibit the hiring of employees by competitors of the employer are non-binding if such an engagement is wider in scope than would be necessary in order to prevent competition or to limit in an unfair manner the employee’s freedom to employment. If that would be the case, each case must be evaluated on a case-by-case basis, taking into consideration all circumstances. Competition provisions may not be worded too generally. When assessing how far-reaching competition provisions in an employment contract may be, particularly as regards their scope of application and the time limits involved, the following factors must be considered: a. The type of work performed by the worker involved, e.g. is he/she a key employee, is he/she in direct contact with the customers or is there significant confidentiality attached to his/her job? In addition, what knowledge or information the employee might possess with regard to the activities of the company or its customers. b. How quickly the employee’s knowledge becomes outdated and whether a normal balance is kept among the employees. c. The type of operations involved and the identity of the competitors in the market where the company operates and which the employee’s know-how covers. d. That an employee’s freedom of employment is not restricted in an unfair manner. e. That the non-competition clause is delineated and concise with regard to the purpose of protecting certain competition interests. f. The remuneration of the employee will also have an effect, i.e. for instance, what his wages are. The competition provisions of employment contracts do not apply if the employee is dismissed from his job without sufficient cause.

Non-Competition Provision. In order to protect the Company’s Confidential Information (including trade secrets) and key business relationships, I agree that for a period that is the greater of (a) one (1) year after my employment ends (irrespective of which party ends the relationship or why it ends), or (b) the duration of any period that I am receiving continuing severance payments from the Company (up to a maximum of two (2) years), I will not: provide services for the benefit of a Competing Business within the Territory (terms separately defined below) that are the same or similar in function or purpose to those I provided to the Employer during the Look Back Period; or, take on any other responsibilities for a Competing Business that would involve the probable use or disclosure of Confidential Information to the benefit of a Competing Business or detriment of the Company. “Competing Business” means any person or entity that engages in (or is planning to engage in) a business that competes with a portion of the Company Business that I had involvement with or access to Confidential Information about during the Look Back Period, which includes, the following entities: 7 Brew, 151 Coffee, ▇▇▇▇▇▇ Coffee, Beans and Brews, Better Buzz, Biggby, Black Rock Coffee Bar, HTeaO, Human Bean, Scooter’s Coffee, Swig, ▇▇▇▇▇’s Coffee, Starbucks, Dunkin’ Donuts, McDonald’s, Panera Bread, Black Rifle Coffee, Caribou Coffee, Peet’s, Stumptown, Coffee Bean & Tea Leaf, ▇▇▇▇ Brothers and Blue Bottle. “Territory” means the geographic territory(ies) assigned to me by the Company during the Look Back Period (by state, county, or other recognized geographic boundary used in the Company’s business); and, if I have no such specifically assigned geographic territory then those states, counties, or cities in which the Company does business that I participated in and/or about which I was provided access to Confidential Information during the Look Back Period. I acknowledge that the Company conducts business across the United States. I am responsible for seeking clarification from the Company’s Chief Executive Officer if it is unclear to meat any time what the scope of the Territory is. State and county references include equivalents. 7. No Conflicting Agreement or Obligation. I represent that my performance of all the terms of this Agreement and as an employee of Company does not and will not breach any agreement to keep in confidence information acquired by me in confidence or in trust prior to my employment ...

Non-Competition Provision. During Employment. EMPLOYEE agrees that during his/her employment by EMPLOYER he/she will not engage directly or indirectly in any location within the United States, in any business of the same or similar nature to the business of EMPLOYER or any business in which EMPLOYER is engaged in developing, nor will EMPLOYEE participate directly or indirectly in the ownership or management of any enterprise engaged in such a business within the United States, including ownership or management as defined by the ▇▇▇▇▇▇▇▇-▇▇▇▇▇ Act of 2002. This provision acts in concert with Section 1, Employment by Company, which requires EMPLOYEE to devote all of EMPLOYEE’S effort and skill exclusively to EMPLOYER.