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 Atlas, 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, in the event that immediately before his termination of employment with Atlas he is employed in an exclusively non-attorney position which he has undertaken voluntarily, at no time before the first anniversary of such termination of employment with Atlas, 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 in a non-attorney capacity with, or give non-legal advice to, Evergreen International, Gemini Air Cargo, World Airways, Air Atlanta, Kalitta Air or Southern Air. The parties agree and intend that breach of this non-competition clause shall subject Employee to the full measure of contract and equitable damages.
Appears in 1 contract
Samples: Employment Agreement (Atlas Air Worldwide Holdings Inc)
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 second anniversary of Employee’s 's termination of employment with Atlas, will Employee engage in any of the following activities directly or indirectly, for any reason, whether for Employee’s '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, in the event that immediately before his termination of employment with Atlas he is employed in an exclusively non-attorney position which he has undertaken voluntarily, at no time before the first anniversary of such Employee's termination of employment with Atlas, will Employee directly or indirectly, for any reason, whether for Employee’s 's own account or for the account of any other person, firm, corporation or other organization, accept employment in a non-attorney capacity with, or give non-legal advice to, Evergreen International(i) any air, Gemini Air Cargocargo carrier, World Airways(ii) any air cargo division or affiliate of any other airline or (iii) any company that leases cargo aircraft on an ACMI, Air Atlantawet lease, Kalitta Air charter or Southern Airdry 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.
Appears in 1 contract
Samples: Employment Agreement (Atlas Air Worldwide Holdings Inc)
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 its parents, 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 second anniversary of Employee’s termination of employment with Atlas, 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, in the event that immediately before his termination of employment with Atlas he is employed in an exclusively non-attorney position which he has undertaken voluntarily, at no time before the first anniversary of such Employee’s termination of employment with Atlas, 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 in a non-attorney capacity with, or give non-legal advice to, Evergreen International(i) any air, Gemini Air Cargocargo carrier, World Airways(ii) any air cargo division or affiliate of any other airline or (iii) any company that leases cargo aircraft on an ACMI, Air Atlantawet lease, Kalitta Air charter or Southern Airdry 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.
Appears in 1 contract
Samples: Employment Agreement (Atlas Air Worldwide Holdings Inc)
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, confidential or proprietary information of HoldingsAtlas, Atlas or any of their its 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 eighteen (18) months after Employee’s 's termination of employment with Atlas, will Employee engage in any of the following activities directly or indirectly, for any reason, whether for Employee’s '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 Companies' contracts or relationships relation- ships 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, in the event that immediately before his termination of employment with Atlas he is employed in an exclusively non-attorney position which he has undertaken voluntarily, at no time before the first anniversary of such eighteen (18) months after Employee's termination of employment with Atlas, will Employee directly or indirectly, for any reason, whether for Employee’s 's own account or for the account of any other person, firm, corporation or other organization, accept employment in a non-attorney capacity with, or give non-legal advice to, Evergreen International(i) any air cargo carrier, Gemini Air Cargo(ii) any air cargo division or cargo-affiliate of any other airline
(iii) any company that leases cargo aircraft as a significant part of its business on an ACMI, World Airwayswet lease, Air Atlanta, Kalitta Air charter or Southern Airdry lease basis. The parties agree and d intend that breach of this non-competition clause shall a subject Employee to the full measure of contract and equitable damages.
Appears in 1 contract
Samples: Employment Agreement (Atlas Air Worldwide Holdings Inc)
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 's termination of employment with AtlasHoldings, will Employee engage in any of the following activities directly or indirectly, for any reason, whether for Employee’s '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, in the event that immediately before his termination of employment with Atlas he is employed in an exclusively non-attorney position which he has undertaken voluntarily, at no time before the first anniversary of such termination of employment with AtlasHoldings, will Employee directly or indirectly, for any reason, whether for Employee’s 's own account or for the account of any other person, firm, corporation or other organization, accept employment in a non-attorney capacity with, or give non-legal advice to, Evergreen International(i) any air cargo carrier, Gemini Air Cargo(ii) any air cargo division or cargo affiliate of any other airline, World Airwaysor (iii) any company that leases cargo aircraft as a significant part of its business on an ACMI, Air Atlantawet lease, Kalitta Air charter or Southern Airdry 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.
Appears in 1 contract
Samples: Employment Agreement (Atlas Air Worldwide Holdings Inc)
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 's termination of employment with Atlas, will Employee engage in any of the following activities directly or indirectly, for any reason, whether for Employee’s '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, in the event that immediately before his termination of employment with Atlas he is employed in an exclusively non-attorney position which he has undertaken voluntarily, at no time before the first anniversary of such termination of employment with Atlas, will Employee directly or indirectly, for any reason, whether for Employee’s 's own account or for the account of any other person, firm, corporation or other organization, accept employment in a non-attorney capacity with, or give non-legal advice to, Evergreen International, Gemini Air Cargo, World Airways, Air Atlanta, Kalitta Air or Southern Air. The parties agree and intend that breach of this non-competition clause shall subject Employee to the full measure of contract and equitable damages.
Appears in 1 contract
Samples: Employment Agreement (Atlas Air Worldwide Holdings Inc)