Common use of Non-competition with the Company Clause in Contracts

Non-competition with the Company. Executive acknowledges and agrees that the services which have been and will be performed by Executive for the Company or its Affiliates, whether during his employment with the Company or any Affiliates otherwise than pursuant to this Agreement, include services of a special, unique, unusual, extraordinary and intellectual character. Executive further acknowledges that the business of the Company and its subsidiaries is worldwide in scope, that Executive has been and will be an integral part of conceiving, developing, marketing and selling such products and services on a worldwide basis, and that the Company and its subsidiaries compete with other organizations that are or could be located in any part of the world. Executive further acknowledges that, by virtue of the character of his services, Executive will be deemed to have worked for the Company or its subsidiaries at any and every location and geographic area in which Executive’s services have been or will be applied on behalf of the Company or any subsidiary during his employment by the Company or any subsidiary whether pursuant to this Agreement or otherwise, irrespective of whether or not Executive was physically present at such location or geographic area. Therefore, Executive hereby covenants and agrees that during the term of Executive’s employment hereunder and for a period of two years thereafter, Executive will not directly or indirectly engage or invest in, own, manage, operate, control or participate in the ownership, management, operation or control of, be employed by, associated or connected with, or render services or advice to, any other business whose services, products or activities compete in whole or in part with the services, products or activities of the Company relating to Company’s hydrogen fuel technology or its subsidiaries, within all geographic areas worldwide in which Executive’s services were applied by the Company or its subsidiaries at any time during Executive’s employment by the Company or its subsidiaries otherwise than pursuant to this Agreement (except with respect to Synexus as provided herein).

Non-competition with the Company. Executive Employee acknowledges and agrees that the services which have been and will be performed by Executive employee for the Company or its Affiliates, whether during his employment with the Company or any Affiliates otherwise than pursuant to this Agreement, include services of a special, unique, unusual, extraordinary and intellectual character. Executive Employee further acknowledges that the business of the Company and its subsidiaries is worldwide in scope, that Executive employee has been and will be an integral part of conceiving, developing, marketing and selling such products and services on a worldwide basis, and that the Company and its subsidiaries compete with other organizations that are or could be located in any part of the world. Executive Employee further acknowledges that, by virtue of the character of his services, Executive services employee will be deemed to have worked for the Company or its subsidiaries at any and every location and geographic area in which Executiveemployee’s services have been or will be applied on behalf of the Company or any subsidiary during his employment by the Company or any subsidiary whether pursuant to this Agreement or otherwise, irrespective of whether or not Executive employee was physically present at such location or geographic area. Therefore, Executive employee hereby covenants and agrees that during the term of Executiveemployee’s employment hereunder and for a period of two years one (1) year thereafter, Executive employee will not directly or indirectly engage or invest in, own, manage, operate, control or participate in the ownership, management, operation or control of, be employed by, associated or connected with, or render services or advice to, any other business whose services, products or activities compete in whole or in part with the services, products or activities of the Company relating to Company’s hydrogen fuel technology and fuel cell system technology or its subsidiaries, within all geographic areas worldwide in which Executiveemployee’s services were applied by the Company or its subsidiaries at any time during Executiveemployee’s employment by the Company or its subsidiaries otherwise than pursuant to this Agreement (except with respect to Synexus as provided herein)Agreement.

Non-competition with the Company. Executive acknowledges and agrees that the services which have been and will be performed by Executive for the Company or its Affiliates, whether during his employment with the Company or any Affiliates otherwise than pursuant to this Agreement, include services of a special, unique, unusual, extraordinary and intellectual character. Executive further acknowledges that the business of the Company and its subsidiaries is worldwide in scope, that Executive has been and will be an integral part of conceiving, developing, marketing and selling such products and services on a worldwide basis, and that the Company and its subsidiaries compete with other organizations that are or could be located in any part of the world. Executive further acknowledges that, by virtue of the character of his services, Executive will be deemed to have worked for the Company or its subsidiaries at any and every location and geographic area in which Executive’s services have been or will be applied on behalf of the Company or any subsidiary during his employment by the Company or any subsidiary whether pursuant to this Agreement or otherwise, irrespective of whether or not Executive was physically present at such location or geographic area. Therefore, Executive hereby covenants and agrees that during the term of Executive’s employment hereunder and for a period of two years one (1) year thereafter, Executive will not directly or indirectly engage or invest in, own, manage, operate, control or participate in the ownership, management, operation or control of, be employed by, associated or connected with, or render services or advice to, any other business whose services, products or activities compete in whole or in part with the services, products or activities of the Company relating to Company’s hydrogen fuel technology and hydrogen fuel cell system technology or its subsidiaries, within all geographic areas worldwide in which Executive’s services were applied by the Company or its subsidiaries at any time during Executive’s employment by the Company or its subsidiaries otherwise than pursuant to this Agreement (except with respect to Synexus as provided herein)Agreement.

Non-competition with the Company. Executive acknowledges and agrees that the services which have been and will be performed by Executive for the Company or its Affiliates, whether during his employment with the Company or any Affiliates otherwise than pursuant to this Agreement, include services of a special, unique, unusual, extraordinary and intellectual character. Executive further acknowledges that the business of the Company and its subsidiaries is worldwide in scope, that Executive has been and will be an integral part of conceiving, developing, marketing and selling such products and services on a worldwide basis, and that the Company and its subsidiaries compete with other organizations that are or could be located in any part of the world. Executive further acknowledges that, by virtue of the character of his services, Executive will be deemed to have worked for the Company or its subsidiaries at any and every location and geographic area in which Executive’s services have been or will be applied on behalf of the Company or any subsidiary during his employment by the Company or any subsidiary whether pursuant to this Agreement or otherwise, irrespective of whether or not Executive was physically present at such location or geographic area. Therefore, Executive hereby covenants and agrees that during the term of Executive’s employment hereunder and for a period of two years thereafter, Executive will not directly or indirectly engage or invest in, own, manage, operate, control or participate in the ownership, management, operation or control of, be employed by, associated or connected with, or render services or advice to, any other business whose services, products or activities compete in whole or in part with the services, products or activities of the Company relating to Company’s hydrogen fuel technology or its subsidiaries, within all geographic areas worldwide in which Executive’s services were applied by the Company or its subsidiaries at any time during Executive’s employment by the Company or its subsidiaries otherwise than pursuant to this Agreement (except with respect to Synexus as provided herein)Agreement.