Common use of Non-Competition Provision Clause in Contracts

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) 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 HoldingsAtlas, 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 HoldingsAtlas, 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, (i) any air cargo carrierEvergreen International, (ii) any air cargo division Gemini Air Cargo, World Airways, Air Atlanta, Kalitta Air 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 basisSouthern 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.

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 HoldingsAtlas, 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 HoldingsAtlas, 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, (i) any air cargo carrierEvergreen International, (ii) any air cargo division Gemini Air Cargo, World Airways, Air Atlanta, Kalitta Air 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 basisSouthern 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.

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 ’s termination of employment with HoldingsAtlas, 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, at no time before the first anniversary of such Employee’s termination of employment with HoldingsAtlas, 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 with, or give advice to, (i) any air air, cargo carrier, (ii) any air cargo division or cargo affiliate of any other airline, 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) 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 Holdings, 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, in the event the Employment Period is terminated by the Company for Cause or by Employee for Good Reason (or if the termination of the Employment Period is by the Company for other than Cause or by Employee for other than Good Reason but the Company offers Employee the benefits set forth in Article 4.2(a) above), Employee covenants and agrees that, at no time before the first anniversary of twelve (12) months after Employee's termination of employment with HoldingsAtlas, 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 Companies' contracts or relationships with any client, employeecurrent employee or individual who has been employed by the Atlas Companies within six (6) months of Employee's termination of employment, 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 solicit or otherwise interfere with any of the Atlas Companies' contracts or relationships with any independent contractor, customer, client customer or supplier, or any person who is a bona fide prospective independent contractor, customer, client or supplier of an Atlas Companyclient. (ciii) 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 toto any direct competitor of Atlas or any of its subsidiary or affiliated companies, (i) any including but not limited to air cargo carriercarriers, (ii) any air cargo division divisions or cargo affiliate affiliates of any other airlineairlines, or (iii) any company companies that leases lease cargo aircraft or sell cargo aircraft capacity as a significant part of its their business on an ACMI, block space, wet lease, lease or 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) 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 termination of employment with HoldingsAtlas, 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 Employee's termination of employment with HoldingsAtlas, 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 air, cargo carrier, (ii) any air cargo division or cargo affiliate of any other airline, 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.