Common use of Non-Solicitation, Non-Competition and Confidentiality Clause in Contracts

Non-Solicitation, Non-Competition and Confidentiality. (a) While employed by the Company (whether during the Term or thereafter), and for a period of one year after termination of Employee’s employment by the Company for any reason (whether during the Term or thereafter), Employee shall not, directly or indirectly, solicit, induce, encourage or attempt to influence any customer, employee, consultant, independent contractor, service provider or supplier of the Company to cease to do business or to terminate the employment or other relationship with the Company. (b) (i) WHILE EMPLOYED BY THE COMPANY (WHETHER ON A FULL-TIME OR PART-TIME BASIS, AND WHETHER DURING THE TERM OR THEREAFTER), AND FOR A PERIOD OF ONE (1) YEAR AFTER TERMINATION OF EMPLOYEE’S EMPLOYMENT (DURING THE TERM OR THEREAFTER, BUT IN THE CIRCUMSTANCES SET FORTH IN SUBPARAGRAPH 2(c)(i) OR 7(d)(i)(A)(1), SUBJECT TO THE COMPANY’S PAYMENT OBLIGATION SET FORTH IN SUBPARAGRAPH 7(d)(ii)(B) OR 7(d)(i)(A)(2), AS APPLICABLE) FOR ANY REASON OTHER THAN DISCHARGE WITHOUT CAUSE, TERMINATION BY EMPLOYEE WITH GOOD REASON OR THE CIRCUMSTANCES SET FORTH IN SUBPARAGRAPH 7(d)(i)(B), EMPLOYEE SHALL NOT, DIRECTLY OR INDIRECTLY, ENGAGE OR BE FINANCIALLY INTERESTED IN (AS AN AGENT, CONSULTANT, DIRECTOR, EMPLOYEE, INDEPENDENT CONTRACTOR, OFFICER, OWNER, PARTNER, PRINCIPAL OR OTHERWISE), ANY ACTIVITIES FOR A COMPETITIVE BUSINESS. A “COMPETITIVE BUSINESS” SHALL BE DEFINED AS A BUSINESS (WHETHER CONDUCTED BY AN ENTITY OR INDIVIDUALS, INCLUDING EMPLOYEE IN SELF-EMPLOYMENT) THAT IS ENGAGED IN COMPETITION, DIRECTLY OR INDIRECTLY THROUGH ANY ENTITY CONTROLLING, CONTROLLED BY OR UNDER COMMON CONTROL WITH SUCH BUSINESS, WITH ANY OF THE BUSINESS ACTIVITIES CARRIED ON BY THE COMPANY OR A DIVISION OF THE COMPANY (IN THE EVENT EMPLOYEE IS EMPLOYED BY COMCAST CORPORATION), OR BY THE BUSINESS UNIT OF THE COMPANY IN WHICH EMPLOYEE IS EMPLOYED (IN THE EVENT EMPLOYEE IS EMPLOYED BY A SUBSIDIARY OF COMCAST CORPORATION), OR BEING PLANNED BY THE COMPANY OR SUCH DIVISION OR BUSINESS UNIT (AS THE CASE MAY BE) WITH EMPLOYEE’S KNOWLEDGE AT THE TIME OF EMPLOYEE’S TERMINATION OF EMPLOYMENT. TO APPROPRIATELY TAKE ACCOUNT OF THE HIGHLY COMPETITIVE ENVIRONMENT IN THE COMPANY’S BUSINESSES, THE COMPANY AND EMPLOYEE AGREE THAT ANY BUSINESS ENGAGED IN ANY OF THE ACTIVITIES SET FORTH ON SCHEDULE 2 SHALL BE DEEMED TO BE A “COMPETITIVE BUSINESS.”

Appears in 2 contracts

Samples: Employment Agreement (Comcast Corp), Employment Agreement (Comcast Corp)

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Non-Solicitation, Non-Competition and Confidentiality. (a) While employed by the Company (whether during the Term or thereafter), and for a period of one year after termination of Employee’s employment by the Company for any reason (whether during the Term or thereafter), Employee shall not, directly or indirectly, solicit, induce, encourage or attempt to influence any customer, employee, consultant, independent contractor, service provider or supplier of the Company to cease to do business or to terminate the employment or other relationship with the Company. (b) (i) WHILE EMPLOYED BY THE COMPANY (WHETHER ON A FULL-TIME OR PART-TIME BASIS, AND WHETHER DURING THE TERM OR THEREAFTER)TERM, AND FOR A PERIOD OF ONE (1) YEAR AFTER TERMINATION OF EMPLOYEE’S EMPLOYMENT (DURING THE TERM OR THEREAFTER, BUT IN THE CIRCUMSTANCES SET FORTH IN SUBPARAGRAPH 2(c)(i) OR 7(d)(i)(A)(1), SUBJECT TO THE COMPANY’S PAYMENT OBLIGATION SET FORTH IN SUBPARAGRAPH 7(d)(ii)(B) OR 7(d)(i)(A)(2), AS APPLICABLE) FOR ANY REASON (OTHER THAN AS A RESULT OF A DISCHARGE WITHOUT CAUSE, CAUSE OR TERMINATION BY EMPLOYEE WITH GOOD REASON OR REASON) PRIOR TO THE CIRCUMSTANCES SET FORTH EXPIRATION OF THE TERM (BUT NOT FOLLOWING TERMINATION OF EMPLOYEE’S EMPLOYMENT IN SUBPARAGRAPH 7(d)(i)(BTHE EVENT EMPLOYEE HAS REMAINED EMPLOYED FOR THE ENTIRE TERM), EMPLOYEE SHALL NOT, DIRECTLY OR INDIRECTLY, ENGAGE OR BE FINANCIALLY INTERESTED IN (AS AN A PRINCIPAL, PARTNER, DIRECTOR, OFFICER, AGENT, EMPLOYEE, CONSULTANT, DIRECTOR, EMPLOYEEOWNER, INDEPENDENT CONTRACTOR, OFFICER, OWNER, PARTNER, PRINCIPAL CONTRACTOR OR OTHERWISE), ANY ACTIVITIES FOR A COMPETITIVE BUSINESS. A “COMPETITIVE BUSINESS” SHALL BE DEFINED AS A BUSINESS (WHETHER CONDUCTED BY AN ENTITY OR INDIVIDUALS, INCLUDING EMPLOYEE IN SELF-EMPLOYMENT) THAT IS ENGAGED IN COMPETITION, DIRECTLY OR INDIRECTLY THROUGH ANY ENTITY CONTROLLINGPARENT, CONTROLLED BY SUBSIDIARY, AFFILIATE, JOINT VENTURE, PARTNERSHIP OR UNDER COMMON CONTROL WITH SUCH BUSINESSOTHERWISE, WITH ANY OF THE BUSINESS ACTIVITIES CARRIED ON BY THE COMPANY OR A DIVISION OF THE COMPANY (IN THE EVENT EMPLOYEE IS EMPLOYED BY COMCAST CORPORATION), OR BY THE ANY BUSINESS UNIT OF THE COMPANY IN WHICH EMPLOYEE IS EMPLOYED (IN THE EVENT EMPLOYEE IS EMPLOYED BY A SUBSIDIARY OF COMCAST CORPORATION), OR ACTIVITIES BEING PLANNED BY THE COMPANY OR SUCH DIVISION OR BUSINESS UNIT (AS THE CASE MAY BE) WITH EMPLOYEE’S KNOWLEDGE KNOWLEDGE) AT THE TIME OF EMPLOYEE’S TERMINATION OF EMPLOYMENT. TO APPROPRIATELY TAKE ACCOUNT OF THE HIGHLY COMPETITIVE ENVIRONMENT IN THE COMPANY’S BUSINESSES, THE COMPANY AND EMPLOYEE AGREE THAT ANY BUSINESS ENGAGED IN ANY OF THE ACTIVITIES SET FORTH ON SCHEDULE 2 SHALL BE DEEMED TO BE A “COMPETITIVE BUSINESS.”

Appears in 2 contracts

Samples: Employment Agreement (Comcast Corp), Employment Agreement (Comcast Corp)

Non-Solicitation, Non-Competition and Confidentiality. (a) While employed During the Term and Employee’s continued employment by the Company (whether during the Term or thereafter)Company, and for a period of one (1) year after termination of Employee’s employment by the Company for any reason (whether during or after the Term or thereafterTerm), Employee shall not, directly or indirectly, solicit, induce, encourage or attempt to influence any customer, employee, consultant, independent contractor, service provider or supplier of the Company to cease to do business or to terminate the employment or other relationship with the Company. (b) (i) WHILE EMPLOYED BY THE COMPANY (WHETHER ON A FULL-TIME OR PART-TIME BASIS, AND WHETHER DURING THE TERM OR THEREAFTER), AND FOR A PERIOD OF ONE (1) YEAR AFTER TERMINATION OF EMPLOYEE’S EMPLOYMENT (DURING OR AFTER THE TERM OR THEREAFTER, BUT IN THE CIRCUMSTANCES SET FORTH IN SUBPARAGRAPH 2(c)(i) OR 7(d)(i)(A)(1), SUBJECT TO THE COMPANY’S PAYMENT OBLIGATION SET FORTH IN SUBPARAGRAPH 7(d)(ii)(B) OR 7(d)(i)(A)(2), AS APPLICABLE) FOR ANY REASON (OTHER THAN (A) AS A RESULT OF A DISCHARGE WITHOUT CAUSE, CAUSE OR (B) AS A RESULT OF TERMINATION BY EMPLOYEE WITH GOOD REASON OR THE CIRCUMSTANCES SET FORTH IN SUBPARAGRAPH 7(d)(i)(B)REASON, EMPLOYEE SHALL NOT, DIRECTLY OR INDIRECTLY, ENGAGE OR BE FINANCIALLY INTERESTED IN (AS AN AGENT, CONSULTANT, DIRECTOR, EMPLOYEE, INDEPENDENT CONTRACTOR, OFFICER, OWNER, PARTNER, PRINCIPAL OR OTHERWISE), ANY ACTIVITIES FOR A COMPETITIVE BUSINESS. A “COMPETITIVE BUSINESS” SHALL BE DEFINED AS A BUSINESS (WHETHER CONDUCTED BY AN ENTITY OR INDIVIDUALS, INCLUDING EMPLOYEE IN SELF-EMPLOYMENT) THAT IS ENGAGED IN COMPETITION, DIRECTLY OR INDIRECTLY THROUGH ANY ENTITY CONTROLLING, CONTROLLED BY OR UNDER COMMON CONTROL WITH SUCH BUSINESS, WITH ANY OF THE BUSINESS ACTIVITIES CARRIED ON BY THE COMPANY OR A ANY DIVISION OF THE COMPANY (IN THE EVENT EMPLOYEE IS EMPLOYED BY COMCAST CORPORATION), OR BY THE OTHER BUSINESS UNIT OF THE COMPANY IN WHICH EMPLOYEE IS EMPLOYED (IN THE EVENT EMPLOYEE IS EMPLOYED BY A SUBSIDIARY OF COMCAST CORPORATION)COMPANY, OR BEING PLANNED BY THE COMPANY OR SUCH DIVISION OR BUSINESS UNIT (AS THE CASE MAY BE) WITH EMPLOYEE’S KNOWLEDGE AT THE TIME OF EMPLOYEE’S TERMINATION OF EMPLOYMENT. TO APPROPRIATELY TAKE ACCOUNT OF THE HIGHLY COMPETITIVE ENVIRONMENT IN THE COMPANY’S BUSINESSES, THE COMPANY AND EMPLOYEE AGREE THAT ANY BUSINESS ENGAGED IN ANY OF THE ACTIVITIES SET FORTH ON SCHEDULE 2 SHALL BE DEEMED TO BE A “COMPETITIVE BUSINESS.

Appears in 1 contract

Samples: Employment Agreement (Comcast Corp)

Non-Solicitation, Non-Competition and Confidentiality. (a) While employed During the Term and Employee’s continued employment by the Company (whether during the Term or thereafter)Company, and for a period of one (1) year after termination of Employee’s employment by the Company for any reason (whether during or after the Term or thereafterTerm), Employee shall not, directly or indirectly, solicit, induce, encourage or attempt to influence any customer, employee, consultant, independent contractor, service provider or supplier of the Company to cease to do business or to terminate the employment or other relationship with the Company. (b) (i) WHILE EMPLOYED BY THE COMPANY (WHETHER ON A FULL-TIME OR PART-TIME BASIS, AND WHETHER DURING THE TERM OR THEREAFTER), AND FOR A PERIOD OF ONE (1) YEAR AFTER TERMINATION OF EMPLOYEE’S EMPLOYMENT (DURING OR AFTER THE TERM FOR ANY REASON (OTHER THAN (A) AS A RESULT OF A DISCHARGE WITHOUT CAUSE, (B) AS A RESULT OF TERMINATION BY EMPLOYEE WITH GOOD REASON OR THEREAFTER, BUT (C) IN THE CIRCUMSTANCES SET FORTH IN SUBPARAGRAPH 2(c)(i) OR 7(d)(i)(A)(113(e)(ii), SUBJECT TO THE COMPANY’S PAYMENT OBLIGATION SET FORTH IN SUBPARAGRAPH 7(d)(ii)(B) OR 7(d)(i)(A)(2), AS APPLICABLE) FOR ANY REASON OTHER THAN DISCHARGE WITHOUT CAUSE, TERMINATION BY EMPLOYEE WITH GOOD REASON OR THE CIRCUMSTANCES SET FORTH IN SUBPARAGRAPH 7(d)(i)(B), EMPLOYEE SHALL NOT, DIRECTLY OR INDIRECTLY, ENGAGE OR BE FINANCIALLY INTERESTED IN (AS AN AGENT, CONSULTANT, DIRECTOR, EMPLOYEE, INDEPENDENT CONTRACTOR, OFFICER, OWNER, PARTNER, PRINCIPAL OR OTHERWISE), ANY ACTIVITIES FOR A COMPETITIVE BUSINESS. A “COMPETITIVE BUSINESS” SHALL BE DEFINED AS A BUSINESS (WHETHER CONDUCTED BY AN ENTITY OR INDIVIDUALS, INCLUDING EMPLOYEE IN SELF-EMPLOYMENT) THAT IS ENGAGED IN COMPETITION, DIRECTLY OR INDIRECTLY THROUGH ANY ENTITY CONTROLLING, CONTROLLED BY OR UNDER COMMON CONTROL WITH SUCH BUSINESS, WITH ANY OF THE BUSINESS ACTIVITIES CARRIED ON BY THE COMPANY OR A ANY DIVISION OF THE COMPANY (IN THE EVENT EMPLOYEE IS EMPLOYED BY COMCAST CORPORATION), OR BY THE OTHER BUSINESS UNIT OF THE COMPANY IN WHICH EMPLOYEE IS EMPLOYED (IN THE EVENT EMPLOYEE IS EMPLOYED BY A SUBSIDIARY OF COMCAST CORPORATION)COMPANY, OR BEING PLANNED BY THE COMPANY OR SUCH DIVISION OR BUSINESS UNIT (AS THE CASE MAY BE) WITH EMPLOYEE’S KNOWLEDGE AT THE TIME OF EMPLOYEE’S TERMINATION OF EMPLOYMENT. TO APPROPRIATELY TAKE ACCOUNT OF THE HIGHLY COMPETITIVE ENVIRONMENT IN THE COMPANY’S BUSINESSES, THE COMPANY AND EMPLOYEE AGREE THAT ANY BUSINESS ENGAGED IN ANY OF THE ACTIVITIES SET FORTH ON SCHEDULE 2 SHALL BE DEEMED TO BE A “COMPETITIVE BUSINESS.

Appears in 1 contract

Samples: Employment Agreement (Comcast Corp)

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Non-Solicitation, Non-Competition and Confidentiality. (a) While employed During the Term and Employee's continued employment by the Company (whether during the Term or thereafter)Company, and for a period of one year after termination of Employee’s 's employment by the Company company for any reason (whether during or after the Term or thereafterTerm), Employee shall not, directly or indirectly, solicit, induce, encourage or attempt to influence any customer, employee, consultant, independent contractor, service provider or supplier of the Company to cease to do business or to terminate the employment or other relationship with the Company. (b) (i) WHILE EMPLOYED BY THE COMPANY (WHETHER ON A FULL-TIME OR PART-TIME BASIS, AND WHETHER DURING THE TERM OR THEREAFTER)TERM, AND FOR A PERIOD OF ONE (1) YEAR AFTER TERMINATION OF EMPLOYEE’S 'S EMPLOYMENT (DURING THE TERM OR THEREAFTER, BUT IN THE CIRCUMSTANCES SET FORTH IN SUBPARAGRAPH 2(c)(i) OR 7(d)(i)(A)(1), SUBJECT TO THE COMPANY’S PAYMENT OBLIGATION SET FORTH IN SUBPARAGRAPH 7(d)(ii)(B) OR 7(d)(i)(A)(2), AS APPLICABLE) FOR ANY REASON (OTHER THAN AS A RESULT OF A DISCHARGE WITHOUT CAUSE, ) PRIOR TO THE EXPIRATION OF THE TERM (BUT NOT FOLLOWING TERMINATION BY OF EMPLOYEE'S EMPLOYMENT IN THE EVENT EMPLOYEE WITH GOOD REASON OR HAS REMAINED EMPLOYED FOR THE CIRCUMSTANCES SET FORTH IN SUBPARAGRAPH 7(d)(i)(BENTIRE TERM), EMPLOYEE SHALL NOT, DIRECTLY OR INDIRECTLY, ENGAGE OR BE FINANCIALLY INTERESTED IN (AS AN A PRINCIPAL, PARTNER, DIRECTOR, OFFICER, AGENT, EMPLOYEE, CONSULTANT, DIRECTOR, EMPLOYEEOWNER, INDEPENDENT CONTRACTOR, OFFICER, OWNER, PARTNER, PRINCIPAL CONTRACTOR OR OTHERWISE), ANY ACTIVITIES FOR A COMPETITIVE BUSINESS. A "COMPETITIVE BUSINESS" SHALL BE DEFINED AS A BUSINESS (WHETHER CONDUCTED BY AN ENTITY OR INDIVIDUALS, INCLUDING EMPLOYEE IN SELF-EMPLOYMENT) THAT IS ENGAGED IN COMPETITION, DIRECTLY OR INDIRECTLY THROUGH ANY ENTITY CONTROLLINGPARENT, CONTROLLED BY SUBSIDIARY, AFFILIATE, JOINT VENTURE, PARTNERSHIP OR UNDER COMMON CONTROL WITH SUCH BUSINESSOTHERWISE, WITH ANY OF THE BUSINESS ACTIVITIES CARRIED ON BY THE COMPANY OR A DIVISION OF THE COMPANY (IN THE EVENT EMPLOYEE IS EMPLOYED BY COMCAST CORPORATION), OR BY THE BUSINESS UNIT SPECIFIC DIVISION OR ENTITY OF THE COMPANY IN WHICH EMPLOYEE IS EMPLOYED (IN THE EVENT EMPLOYEE IS EMPLOYED BY A SUBSIDIARY OF COMCAST CORPORATION), EMPLOYED) OR ANY BUSINESS ACTIVITIES BEING PLANNED BY THE COMPANY OR SUCH EMPLOYEE'S DIVISION OR BUSINESS UNIT ENTITY (AS THE CASE MAY BE) WITH EMPLOYEE’S KNOWLEDGE 'S KNOWLEDGE) AT THE TIME OF EMPLOYEE’S 'S TERMINATION OF EMPLOYMENT. TO APPROPRIATELY TAKE ACCOUNT OF THE HIGHLY COMPETITIVE ENVIRONMENT IN THE COMPANY’S BUSINESSESCABLE TELEVISION INDUSTRY, THE COMPANY AND EMPLOYEE AGREE THAT ANY BUSINESS BUSINESSES ENGAGED IN ANY OF THE FOLLOWING ACTIVITIES SET FORTH ON SCHEDULE 2 SHALL BE DEEMED TO BE "COMPETITIVE BUSINESSES" HEREUNDER: THE DISTRIBUTION OF VIDEO PROGRAMMING TO RESIDENTIAL OR COMMERCIAL SUBSCRIBERS BY ANY TECHNOLOGY, INCLUDING, BUT NOT LIMITED TO, COAXIAL OR FIBER OPTIC CABLE, DIGITAL SUBSCRIBER LINE OR SMATV, SATELLITE OR WIRELESS DISTRIBUTION SYSTEMS; AS OF THE DATE HEREOF, SUCH BUSINESSES INCLUDE THE FOLLOWING COMPANIES AND THEIR PARENTS, CONTROLLED AFFILIATES AND SUCCESSORS: ADELPHIA COMMUNICATIONS CORPORATION; CHARTER COMMUNICATIONS, INC.; COX COMMUNICATIONS, INC.; DIRECTTV, INC.; ECHOSTAR COMMUNICATIONS COXXXRATION; KNOLOGY HOLDINGS, INC.; RCN CORPORATION; TIME WARNER INC.; AND WIDE OPEN WEST. (ii) FOR A “COMPETITIVE BUSINESSPERIOD OF ONE YEAR AFTER TERMINATION OF EMPLOYEE'S EMPLOYMENT FOLLOWING THE EXPIRATION OF THE TERM (IN THE EVENT EMPLOYEE HAS REMAINED EMPLOYED FOR THE ENTIRE TERM), EMPLOYEE SHALL NOT, DIRECTLY OR INDIRECTLY, ENGAGE IN (AS A PRINCIPAL, PARTNER, DIRECTOR, OFFICER, AGENT, EMPLOYEE, CONSULTANT, OWNER, INDEPENDENT CONTRACTOR OR OTHERWISE), ANY ACTIVITIES FOR ANY OF THE FOLLOWING ENTITIES (OR THEIR SUCCESSORS) THAT IS ENGAGED IN COMPETITION WITH THE COMPANY'S VIDEO PROGRAMMING DISTRIBUTION OR HIGH SPEED DATA BUSINESSES, DIRECTLY OR INDIRECTLY THROUGH ANY PARENT, SUBSIDIARY, AFFILIATE, JOINT VENTURE, PARTNERSHIP OR OTHERWISE: BELLSOUTH CORP.; DIRECTTV,INC., ECHOSTAR COMMUNICATIONS CORPORATION; QWEST COMMUNICATIONS INTERNATIONAL, INC.; SBC COMMUNICATIONS, INC., AND VERIZON COMMUNICATIONS, INC. (iii) THESE RESTRICTIONS SHALL APPLY IN ANY GEOGRAPHICAL AREA OF THE UNITED STATES IN WHICH THE COMPANY CARRIES OUT BUSINESS ACTIVITIES. (iv) As a limited exception to the foregoing, Employee shall not be prohibited from engaging in activities for a Competitive Business if all of the following conditions are met: (A) Employee is engaged to perform activities which are materially inferior as to skill level and scope of responsibility to the skill level and scope of responsibility involved in the Employee's employment hereunder; (B) the activities engaged in by Employee are not directly competitive with the activities engaged in by the Company; (C) Employee provides the Company with at least thirty (30) days written notice prior to commencing performance of activities for the Competitive Business; and (D) Employee provides the Competitive Business with a copy of Paragraph 8 of this Agreement, and the Competitive Business gives the Company written assurance that it will not allow Employee to engage in any activities which would cause Employee to violate this Agreement. (v) Nothing herein shall prevent Employee from owning for investment up to five percent (5%) of any class of equity security of an entity whose securities are traded on a national securities exchange or market. Further, if Employee is an attorney, Employee may engage in the practice of law in accordance with the canons of ethics of the state or states in which Employee is authorized or may be authorized to practice law. (vi) Employee agrees that the lack of any specific geographical limitation herein is reasonable in light of the broad geographical scope of the activities carried out by the Company in the United States.

Appears in 1 contract

Samples: Employment Agreement (Comcast Corp)

Non-Solicitation, Non-Competition and Confidentiality. (a) While employed by the Company (whether during the Term or thereafter), and for a period of one year after termination of Employee’s employment by the Company for any reason (whether during the Term or thereafter), Employee shall not, directly or indirectly, solicit, induce, encourage or attempt to influence any customer, employee, consultant, independent contractor, service provider or supplier of the Company to cease to do business or to terminate the employment or other relationship with the Company. (b) (i) WHILE EMPLOYED BY THE COMPANY (WHETHER ON A FULL-TIME OR PART-TIME BASIS, AND WHETHER DURING THE TERM OR THEREAFTER), AND FOR A PERIOD OF ONE (1) YEAR AFTER TERMINATION OF EMPLOYEE’S EMPLOYMENT (DURING THE TERM OR THEREAFTER, BUT IN THE CIRCUMSTANCES SET FORTH IN SUBPARAGRAPH 2(c)(i) OR 7(d)(i)(A)(17(d)(i)(A), SUBJECT TO THE COMPANY’S PAYMENT OBLIGATION SET FORTH IN SUBPARAGRAPH 7(d)(ii)(B) OR 7(d)(i)(A)(27(d)(i)(B), AS APPLICABLE) FOR ANY REASON OTHER THAN DISCHARGE WITHOUT CAUSE, TERMINATION BY EMPLOYEE WITH GOOD REASON OR THE CIRCUMSTANCES SET FORTH IN SUBPARAGRAPH 7(d)(i)(B7(d)(ii), EMPLOYEE SHALL NOT, DIRECTLY OR INDIRECTLY, ENGAGE OR BE FINANCIALLY INTERESTED IN (AS AN AGENT, CONSULTANT, DIRECTOR, EMPLOYEE, INDEPENDENT CONTRACTOR, OFFICER, OWNER, PARTNER, PRINCIPAL OR OTHERWISE), ANY ACTIVITIES FOR A COMPETITIVE BUSINESS. A “COMPETITIVE BUSINESS” SHALL BE DEFINED AS A BUSINESS (WHETHER CONDUCTED BY AN ENTITY OR INDIVIDUALS, INCLUDING EMPLOYEE IN SELF-EMPLOYMENT) THAT IS ENGAGED IN COMPETITION, DIRECTLY OR INDIRECTLY THROUGH ANY ENTITY CONTROLLING, CONTROLLED BY OR UNDER COMMON CONTROL WITH SUCH BUSINESS, WITH ANY OF THE BUSINESS ACTIVITIES CARRIED ON BY THE COMPANY OR A DIVISION OF THE COMPANY (IN THE EVENT EMPLOYEE IS EMPLOYED BY COMCAST CORPORATION), OR BY THE BUSINESS UNIT OF THE COMPANY IN WHICH EMPLOYEE IS EMPLOYED (IN THE EVENT EMPLOYEE IS EMPLOYED BY A SUBSIDIARY OF COMCAST CORPORATION), OR BEING PLANNED BY THE COMPANY OR SUCH DIVISION OR BUSINESS UNIT (AS THE CASE MAY BE) WITH EMPLOYEE’S KNOWLEDGE AT THE TIME OF EMPLOYEE’S TERMINATION OF EMPLOYMENT. TO APPROPRIATELY TAKE ACCOUNT OF THE HIGHLY COMPETITIVE ENVIRONMENT IN THE COMPANY’S BUSINESSES, THE COMPANY AND EMPLOYEE AGREE THAT ANY BUSINESS ENGAGED IN ANY OF THE ACTIVITIES SET FORTH ON SCHEDULE 2 SHALL BE DEEMED TO BE A “COMPETITIVE BUSINESS.”

Appears in 1 contract

Samples: Employment Agreement (Comcast Corp)

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