Common use of NONCOMPETITION AND NON-RECRUITMENT Clause in Contracts

NONCOMPETITION AND NON-RECRUITMENT. 9.01 Executive agrees that during the term of his employment and for a period of one (1) year after termination of employment (the “Restricted Period”) he will not directly or indirectly render service (including services in research) to any person or entity in connection with the design, development, manufacture, marketing, or sale of a Competitive Product that is sold or intended for use or sale in any geographic area in which the Company actively markets a Company Product or has planned to actively market a Company Product of the same general type or function. This territory currently includes North America, Europe and Japan. (a) Without limiting the generality of the above, Executive expressly agrees that during the Restriction Period discussed above, he will not directly or indirectly (on his own behalf or on behalf of another person or entity) sell competitive Products to, attempt to sell such products to, or otherwise solicit purchases of such services or products from, the following: (i) any customer with whom Executive (or any other Executive or representative under Executive’s supervision) has had direct or indirect contact or to whom Executive (or any other Executive or representative under Executive’s supervision) has directly or indirectly sold such services or products during the period of Executive’s employment; or (ii) any prospective customer who has been directly or indirectly solicited by Company, or who has approached Company, and with whom Executive (or any other Executive or representative under the Executive’s supervision) has had direct or indirect contact or to whom Executive (or any other Executive or representative under Executive’s supervision) has directly or indirectly attempted to sell such services or products during the term of Executive’s employment. (b) Executive further agrees that during the Restriction Period he will not directly or indirectly (i) in any way interfere or attempt to interfere with the Company’s relationships with any of its current or potential customers, or (ii) employ or attempt to employ any of the Company’s then Executives on behalf of any other entity, whether or not such entity competes with the Company. (c) For the purposes of this Section 9.01,

NONCOMPETITION AND NON-RECRUITMENT. 9.01 Executive agrees that during the term of his employment and for a period of one (1) year after termination of employment (the “Restricted Period”) he will not directly or indirectly render service (including services in research) to any person or entity in connection with the design, development, manufacture, marketing, or sale of a Competitive Product that is sold or intended for use or sale in any geographic area in which the Company actively markets a Company Product or has planned to actively market a Company Product of the same general type or function. This territory currently includes North America, Europe and Japan. (a) Without limiting the generality of the above, Executive expressly agrees that during the Restriction Period discussed above, he will not directly or indirectly (on his own behalf or on behalf of another person or entity) sell competitive Products to, attempt to sell such products to, or otherwise solicit purchases of such services or products from, the following: (i) any customer with whom Executive (or any other Executive or representative under Executive’s supervision) has had direct or indirect contact or to whom Executive (or any other Executive or representative under Executive’s supervision) has directly or indirectly sold such services or products during the period of Executive’s employment; or (ii) any prospective customer who has been directly or indirectly solicited by Company, or who has approached Company, and with whom Executive (or any other Executive or representative under the Executive’s supervision) has had direct or indirect contact or to whom Executive (or any other Executive or representative under Executive’s supervision) has directly or indirectly attempted to sell such services or products during the term of Executive’s employment. (b) Executive further agrees that during the Restriction Period he will not directly or indirectly (i) in any way interfere or attempt to interfere with the Company’s relationships with any of its current or potential customers, or (ii) employ or attempt to employ any of the Company’s then Executives on behalf of any other entity, whether or not such entity competes with the Company. (c) For the purposes of this Section 9.01,

NONCOMPETITION AND NON-RECRUITMENT. 9.01 Executive agrees that during the term of his employment and for a period of one (1) year after termination of employment (the “Restricted Period”) he will not directly or indirectly render service (including services in research) to any person or entity in connection with the design, development, manufacture, marketing, or sale of a Competitive Product that is sold or intended for use or sale in any geographic area in which the Company actively markets a Company Product or has planned to actively market a Company Product of the same general type or function. This territory currently includes North America, Europe and Japan. (a) Without limiting the generality of the above, Executive expressly agrees that during the Restriction Period discussed above, he will not directly or indirectly (on his own behalf or on behalf of another person or entity) sell competitive Products to, attempt to sell such products to, or otherwise solicit purchases of such services or products from, the following: (i) 1. any customer with whom Executive (or any other Executive or representative under Executive’s supervision) has had direct or indirect contact or to whom Executive (or any other Executive or representative under Executive’s supervision) has directly or indirectly sold such services or products during the period of Executive’s employment; or (ii) 2. any prospective customer who has been directly or indirectly solicited by Company, or who has approached Company, and with whom Executive (or any other Executive or representative under the Executive’s supervision) has had direct or indirect contact or to whom Executive (or any other Executive or representative under Executive’s supervision) has directly or indirectly attempted to sell such services or products during the term of Executive’s employment. (b) Executive further agrees that during the Restriction Period he will not directly or indirectly (i) in any way interfere or attempt to interfere with the Company’s relationships with any of its current or potential customers, or (ii) employ or attempt to employ any of the Company’s then Executives on behalf of any other entity, whether or not such entity competes with the Company. (c) For the purposes of this Section 9.01,

NONCOMPETITION AND NON-RECRUITMENT. 9.01 Executive agrees that during the term of his employment and for a period of one (1) year after termination of employment (the “Restricted Period”) he will not directly or indirectly render service (including services in research) to any person or entity in connection with the design, development, manufacture, marketing, or sale of a Competitive Product that is sold or intended for use or sale in any geographic area in which the Company actively markets a Company Product or has planned to actively market a Company Product of the same general type or function. This territory currently includes North America, Europe and Japan. (a) Without limiting the generality of the above, Executive expressly agrees that during the Restriction Period discussed above, he will not directly or indirectly (on his own behalf or on behalf of another person or entity) sell competitive Competitive Products to, attempt to sell such products to, or otherwise solicit purchases of such services or products from, the following: (i) any customer with whom Executive (or any other Executive or representative under Executive’s supervision) has had direct or indirect contact or to whom Executive (or any other Executive or representative under Executive’s supervision) has directly or indirectly sold such services or products during the period of Executive’s employment; or (ii) any prospective customer who has been directly or indirectly solicited by Company, or who has approached Company, and with whom Executive (or any other Executive or representative under the Executive’s supervision) has had direct or indirect contact or to whom Executive (or any other Executive or representative under Executive’s supervision) has directly or indirectly attempted to sell such services or products during the term of Executive’s employment. (b) Executive further agrees that during the Restriction Period he will not directly or indirectly (i) in any way interfere or attempt to interfere with the Company’s relationships with any of its current or potential customers, or (ii) employ or attempt to employ any of the Company’s then Executives on behalf of any other entity, whether or not such entity competes with the Company. (c) For the purposes of this Section 9.01,