Common use of Noncompete Clause in Contracts

Noncompete. Executive acknowledges that the nature of the Company’s business is such that if Executive were to become employed by, or substantially involved in, the business of a competitor of the Company following the termination of Executive’s employment with the Company, it would be very difficult for Executive not to rely on or use the Company’s trade secrets and confidential information. Thus, to avoid the inevitable disclosure of the Company’s trade secrets and confidential information, Executive agrees and acknowledges that Executive’s right to receive the severance payments set forth in Section 7 (to the extent Executive is otherwise entitled to such payments) shall be conditioned upon Executive not directly or indirectly engaging in (whether as an employee, consultant, agent, proprietor, principal, partner, stockholder, corporate officer, director or otherwise), nor having any ownership interest in or participating in the financing, operation, management or control of, any person, firm, corporation or business that competes with Company or is a customer of the Company. Upon any breach of this section, all severance payments pursuant to this Agreement shall immediately cease.

Appears in 6 contracts

Samples: Incorporated Drew Davies Employment Agreement (Natus Medical Inc), Leslie McDonnell Employment Agreement (Natus Medical Inc), John Buhler Employment Agreement (Natus Medical Inc)

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Noncompete. Executive acknowledges that the nature of the Company’s business is such that if Executive were to become employed by, or substantially involved in, the business of a competitor of the Company during the twelve (12) months following the termination of Executive’s employment with the Company, it would be very difficult for Executive not to rely on or use the Company’s trade secrets and confidential information. Thus, to avoid the inevitable disclosure of the Company’s trade secrets and confidential information, Executive agrees and acknowledges that Executive’s right to receive the severance payments set forth in Section 7 (to the extent Executive is otherwise entitled to such payments) shall be conditioned upon Executive not directly or indirectly engaging in (whether as an employee, consultant, agent, proprietor, principal, partner, stockholder, corporate officer, director or otherwise), nor having any ownership interest interested in or participating in the financing, operation, management or control of, any person, firm, corporation or business that competes with Company or is a customer of the Company. Upon any breach of this section, all severance payments pursuant to this Agreement shall immediately cease.

Appears in 5 contracts

Samples: Employment Agreement (Somera Communications Inc), Zan Moore Employment Agreement (Somera Communications Inc), Employment Agreement (Somera Communications Inc)

Noncompete. Executive acknowledges that the nature of the Company’s 's business is such that if Executive were to become employed by, or substantially involved in, the business of a competitor of the Company during the twelve (12) months following the termination of Executive’s 's employment with the Company, it would be very difficult for the Executive not to rely on or use the Company’s 's trade secrets and confidential information. Thus, to avoid the inevitable disclosure of the Company’s 's trade secrets and confidential information, Executive agrees and acknowledges that Executive’s 's right to receive the severance payments set forth in Section 7 8 (to the extent Executive is otherwise entitled to such payments) shall be conditioned upon the Executive not directly or indirectly engaging in (whether as an employee, consultant, agent, proprietor, principal, partner, stockholder, corporate officer, director or otherwise), nor having any ownership interest interested in or participating in the financing, operation, management or control of, any person, firm, corporation or business that competes with Company or is a customer of the Company. Upon any breach of this section, all severance payments pursuant to this Agreement shall immediately cease.

Appears in 2 contracts

Samples: Employment Agreement (Indus International Inc), Employment Agreement (Indus International Inc)

Noncompete. Executive acknowledges that the nature of the Company’s business is such that if Executive were to become employed by, or substantially involved in, the business of a competitor of the Company during the twelve (12) months following the termination of Executive’s employment with the Company, it would be very difficult for Executive not to rely on or use the Company’s trade secrets and confidential information. Thus, to avoid the inevitable disclosure of the Company’s trade secrets and confidential information, Executive agrees and acknowledges that Executive’s right to receive the severance payments set forth in Section 7 (to the extent Executive is otherwise entitled to such payments) shall be conditioned upon Executive not directly or indirectly engaging in (whether as an employee, consultant, agent, proprietor, principal, partner, stockholder, corporate officer, director or otherwise), nor having any ownership interest interested in or participating in the financing, operation, management or control of, any person, firm, corporation or business that competes with Company or is a customer of the Company. Upon any breach of this section, all severance payments pursuant to this Agreement shall immediately ceasecease and Executive shall repay any severance amounts previously provided.

Appears in 2 contracts

Samples: Kent Coker Employment Agreement (Somera Communications Inc), Scott Willis Employment Agreement (Somera Communications Inc)

Noncompete. Executive acknowledges that the nature of the Company’s 's business is such that if Executive were to become employed by, or substantially involved in, the business of a competitor of the Company during the 12 months following the termination of Executive’s 's employment with the Company, it would be very difficult for Executive not to rely on or use the Company’s 's trade secrets and confidential information. Thus, to avoid the inevitable disclosure of the Company’s 's trade secrets and confidential information, Executive agrees and acknowledges that Executive’s 's right to receive the severance payments set forth in Section 7 5 (to the extent Executive is otherwise entitled to such payments) shall be conditioned upon Executive not directly or indirectly engaging in (whether as an employee, consultant, agent, proprietor, principal, partner, stockholder, corporate officer, director or otherwise), nor having any ownership interest interested in or participating in the financing, operation, management or control of, any person, firm, corporation or business that competes with Company or is a customer of the Company. Upon any breach of this section, all severance payments pursuant to this Agreement shall immediately cease.

Appears in 2 contracts

Samples: Severance Agreement and Release (Gadzoox Networks Inc), Severance Agreement and Release (Gadzoox Networks Inc)

Noncompete. Executive acknowledges that the nature of the Company’s business is such that if Executive were to become employed by, or substantially involved in, the business of a competitor of the Company following the termination of Executive’s employment with the Company, it would be very difficult for Executive not to rely on or use the Company’s trade secrets and confidential information. Thus, to avoid the inevitable disclosure of the Company’s trade secrets and confidential information, Executive agrees and acknowledges that Executive’s right to receive the severance payments set forth in Section 7 8 (to the extent Executive is otherwise entitled to such payments) shall will be conditioned upon Executive not directly or indirectly engaging in (whether as an employee, consultant, agent, proprietor, principal, partner, stockholder, corporate officer, director or otherwise), nor having any ownership interest in or participating in the financing, operation, management or control of, any person, firm, corporation or business that competes with Company or is a customer of the Company. Upon any breach of this section, all severance payments pursuant to this Agreement shall will immediately cease.

Appears in 1 contract

Samples: Employment Agreement (Cornerstone OnDemand Inc)

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Noncompete. Executive acknowledges that the nature of the Company’s business is such that if Executive were to become employed by, or substantially involved in, the business of a competitor of the Company during the six (6) months following the termination of Executive’s employment with the Company, it would be very difficult for Executive not to rely on or use the Company’s trade secrets and confidential information. Thus, to avoid the inevitable disclosure of the Company’s trade secrets and confidential information, Executive agrees and acknowledges that Executive’s right to receive the severance payments set forth in Section 7 6 (to the extent Executive is otherwise entitled to such payments) shall be conditioned upon Executive not directly or indirectly engaging in (whether as an employee, consultant, agent, proprietor, principal, partner, stockholdershareholder, corporate officer, director or otherwise), nor having any ownership interest interested in or participating in the financing, operation, management or control of, any person, firm, corporation or business that competes with Company or is a customer of the Company. Upon any breach of this section, all severance payments pursuant to this Agreement shall immediately cease.

Appears in 1 contract

Samples: Employment Agreement (Avistar Communications Corp)

Noncompete. Executive acknowledges that the nature of the Company’s 's business is such that if Executive were to become employed by, or substantially involved in, the business of a competitor of the Company during the 12 months following the termination of Executive’s 's employment with the Company, it would be very difficult for the Executive not to rely on or use the Company’s 's trade secrets and confidential information. Thus, to avoid the inevitable disclosure of the Company’s 's trade secrets and confidential information, Executive agrees and acknowledges that Executive’s 's right to receive the severance payments set forth in Section 7 (to the extent Executive is otherwise entitled to such payments) shall be conditioned upon the Executive not directly or indirectly engaging in (whether as an employee, consultant, agent, proprietor, principal, partner, stockholder, corporate officer, director or otherwise), nor having any ownership interest interested in or participating in the financing, operation, management or control of, any person, firm, corporation or business that competes with Company or is a customer of the Company. Upon any breach of this section, all severance payments pursuant to this Agreement shall immediately cease.

Appears in 1 contract

Samples: Employment Agreement (Ciphergen Biosystems Inc)

Noncompete. Executive acknowledges that the nature of the Company’s 's business is such that if Executive were to become employed by, or substantially involved in, the business of a competitor of the Company during the nine months following the termination of Executive’s 's employment with the Company, it would be very difficult for Executive not to rely on or use the Company’s 's trade secrets and confidential information. Thus, to avoid the inevitable disclosure of the Company’s 's trade secrets and confidential information, Executive agrees and acknowledges that Executive’s 's right to receive the severance payments set forth in Section Sections 6 and 7 (to the extent Executive is otherwise entitled to such payments) shall be conditioned upon Executive not directly or indirectly engaging in (whether as an employee, consultant, agent, proprietor, principal, partner, stockholder, corporate officer, director or otherwise), nor having any ownership interest in or participating in the financing, operation, management or control of, any person, firm, corporation or business that competes with Company or is a customer of the Company. Upon any breach of this section, all severance payments pursuant to this Agreement shall immediately cease.

Appears in 1 contract

Samples: Executive Employment Agreement (Ista Pharmaceuticals Inc)

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