Common use of Noncompetition and Other Matters Clause in Contracts

Noncompetition and Other Matters. 10.01 During the Term and for the one year period following the date of termination of EMPLOYEE'S employment at any time and for any or no reason (PROVIDED, that such period shall be six months in the event Executive's employment terminates upon expiration of the Term), EMPLOYEE shall not at any time in any city, town, county, parish, other municipality in any state of the United States or Native American territory (the names of each such city, town, county, parish, other municipality or Native American territory, including, without limitation, the name of each county in the State of Nevada being expressly incorporated by reference herein), or any other place in the world, where the EMPLOYER, or its subsidiaries, affiliates, successors, or assigns, engages in owning, operating, managing and/or developing land-based or riverboat casinos or hotels associated or materially competitive with casinos, or any other business engaged in from time to time by the EMPLOYER or its subsidiaries, affiliates, successors or assigns in which EMPLOYEE has had significant authority and responsibility (the "Business"), directly or indirectly, (i) engage in a competing business for EMPLOYEE'S own account; (ii) enter the employ of, or render any consulting services to, any entity that competes with the EMPLOYER, or its subsidiaries, affiliates, successors, or assigns, in the Business; or (iii) become interested in any such entity in any capacity, including, without limitation, as an individual, partner, shareholder, officer, director, principal, agent, trustee or consultant; PROVIDED, HOWEVER, EMPLOYEE may (A) own, directly or indirectly, solely as a passive investment, securities of any entity traded on any national securities exchange or market if EMPLOYEE is not a controlling person of, or a member of a group which controls, such entity and does not, directly or indirectly, own 5% or more of any class of securities of such entity and (B) subject to the first sentence of Section 2.04 above, make passive investments in hospitality enterprises not materially competitive with gaming and/or enterprises which are principally bar/restaurant enterprises containing no more than 50 gaming positions, PROVIDED, that such investments shall not materially interfere with the performance of EMPLOYEE'S duties hereunder.

Noncompetition and Other Matters. 10.01 10.01. During the Term and for the one year period following the date of termination of EMPLOYEE'S Employee's employment at any time and for any or no reason (PROVIDED, that such period shall be six months in the event ExecutiveEmployee's employment terminates upon expiration of the Term), EMPLOYEE Employee shall not at any time in any city, town, county, parish, other municipality in any state of the United States or Native American territory (the names of each such city, town, county, parish, other municipality or Native American territory, including, without limitation, the name of each county in the State of Nevada being expressly incorporated by reference herein), or any other place in the world, where the EMPLOYEREmployer, or its subsidiaries, affiliates, successors, or assigns, engages in owning, operating, managing and/or developing land-based or riverboat casinos or hotels associated or materially competitive with casinos, or any other business engaged in from time to time by the EMPLOYER Employer or its subsidiaries, affiliates, successors or assigns in which EMPLOYEE Employee has had significant authority and responsibility (the "Business"), directly or indirectly, (i) engage in a competing business for EMPLOYEE'S Employee's own account; (ii) enter the employ of, or render any consulting services to, any entity that competes with the EMPLOYEREmployer, or its subsidiaries, affiliates, successors, or assigns, in the Business; or (iii) become interested in any such entity in any capacity, including, without limitation, as an individual, partner, shareholder, officer, director, principal, agent, trustee or consultant; PROVIDED, HOWEVER, EMPLOYEE Employee may (A) own, directly or indirectly, solely as a passive investment, securities of any entity traded on any national securities exchange or market if EMPLOYEE Employee is not a controlling person of, or a member of a group which controls, such entity and does not, directly or indirectly, own 5% or more of any class of securities of such entity and (B) subject to the first sentence of Section 2.04 above, make passive investments in hospitality enterprises not materially competitive with gaming and/or enterprises which are principally bar/restaurant enterprises containing no more than 50 gaming positions, PROVIDED, that such investments shall not materially interfere with the performance of EMPLOYEE'S Employee's duties hereunder.

Noncompetition and Other Matters. 10.01 During the Term and for the one year period following the date of termination of EMPLOYEE'S employment at any time and for any or no reason (PROVIDED, that such period shall be six months in the event Executive's employment terminates upon expiration of the Term), EMPLOYEE shall not at any time in any city, town, county, parish, other municipality in any state of the United States or Native American territory (the names of each such city, town, county, parish, other municipality or Native American territory, including, without limitation, the name of each county in the State of Nevada being expressly incorporated by reference herein), or any other place in the world, where the EMPLOYER, or its subsidiaries, affiliates, successors, or assigns, engages in owning, operating, managing and/or developing land-based or riverboat casinos or hotels associated or materially competitive with casinos, or any other business engaged in from time to time by the EMPLOYER or its subsidiaries, affiliates, successors or assigns in which EMPLOYEE has had significant authority and responsibility (the "Business"), directly or indirectly, (i) engage in a competing business for EMPLOYEE'S own account; (ii) enter the employ of, or render any consulting services to, any entity that competes with the EMPLOYER, or its subsidiaries, affiliates, successors, or assigns, in the Business; or (iii) become interested in any such entity in any capacity, including, without limitation, as an individual, partner, shareholder, officer, director, principal, agent, trustee or consultant; PROVIDED, HOWEVER, EMPLOYEE may (A) own, directly or indirectly, solely as a passive investment, securities of any entity traded on any national securities exchange or market if EMPLOYEE is not a controlling person of, or a member of a group which controls, such entity and does not, directly or indirectly, own 5% or more of any class of securities of such entity and entity, (B) subject to the first sentence of Section 2.04 aboveabove and clause (C) below, make passive investments in hospitality enterprises not materially competitive with gaming and/or enterprises which are principally bar/restaurant enterprises containing no more than 50 gaming positions, and (C) own, serve as a director of and perform limited management services for the Village Pub and Casino, 0000 Xxxxxxx Xxxxx, Xxx Xxxxx, Xxxxxx (the "Pub"), PROVIDED that the Pub remains principally a bar/restaurant enterprise and contains no more than 50 gaming positions, and PROVIDED, FURTHER, that such investments and activities shall not materially interfere with the performance of EMPLOYEE'S duties hereunder. If EMPLOYEE'S employment is terminated under any circumstances and for any or no reason, then to the extent EMPLOYEE remains governed by Section 10.01 as provided herein, clause (C) of the first paragraph of section 10.01 shall apply as if the word "limited" and the last clause beginning "PROVIDED, FURTHER" did not appear.

Noncompetition and Other Matters. 10.01 10.01. During the Term and for the one year period following the date of termination of EMPLOYEE'S Employee's employment at any time and for any or no reason (PROVIDED, that such period shall be six months in the event ExecutiveEmployee's employment terminates upon expiration of the Term), EMPLOYEE Employee shall not at any time in any city, town, county, parish, other municipality in any state of the United States or Native American territory (the names of each such city, town, county, parish, other municipality or Native American territory, including, without limitation, the name of each county in the State of Nevada being expressly incorporated by reference herein), or any other place in the world, where the EMPLOYEREmployer, or its subsidiaries, affiliates, successors, or assigns, engages in owning, operating, managing and/or developing land-based or riverboat casinos or hotels associated or materially competitive with casinos, or any other business engaged in from time to time by the EMPLOYER Employer or its subsidiaries, affiliates, successors or assigns in which EMPLOYEE Employee has had significant authority and responsibility (the "Business"), directly or indirectly, (i) engage in a competing business for EMPLOYEE'S Employee's own account; (ii) enter the employ of, or render any consulting services to, any entity that competes with the EMPLOYEREmployer, or its subsidiaries, affiliates, successors, or assigns, in the Business; or (iii) become interested in any such entity in any capacity, including, without limitation, as an individual, partner, shareholder, officer, director, principal, agent, trustee or consultant; PROVIDED, HOWEVER, EMPLOYEE (x) Employee may (A) own, directly or indirectly, solely as a passive investment, securities of any entity traded on any national securities exchange or market if EMPLOYEE Employee is not a controlling person of, or a member of a group which controls, such entity and does not, directly or indirectly, own 5% or more of any class of securities of such entity and (B) subject to the first sentence of Section 2.04 above, make passive investments in hospitality enterprises not materially competitive with gaming and/or enterprises which are principally bar/restaurant enterprises containing no more than 50 gaming positions, PROVIDED, that such investments shall not materially interfere with the performance of EMPLOYEE'S Employee's duties hereunderhereunder and (y) in the event of a Special Termination or a Termination by Employee with Good Reason that is effective on or after the date hereof and prior to the earlier of (I) the first anniversary of the Acquisition Effective Date and (II) if applicable, an Abandonment Event, the covenants of Employee in this Section 10.01 shall apply only to activities by Employee in the Lake Tahoe and Iowa geographic areas or for or in respect of any entity which, directly or indirectly, including through affiliates, has operations in the Lake Tahoe or Iowa geographic areas.

Noncompetition and Other Matters. 10.01 10.01. During the Term and for the one year period following the date of termination of EMPLOYEE'S Employee's employment at any time and for any or no reason (PROVIDED, that such period shall be six months in the event ExecutiveEmployee's employment terminates upon expiration of the Term), EMPLOYEE Employee shall not at any time in any city, town, county, parish, other municipality in any state of the United States or Native American territory (the names of each such city, town, county, parish, other municipality or Native American territory, including, without limitation, the name of each county in the State of Nevada being expressly incorporated by reference herein), or any other place in the world, where the EMPLOYEREmployer, or its subsidiaries, affiliates, successors, or assigns, engages in owning, operating, managing and/or developing land-based landbased or riverboat casinos or hotels associated or materially competitive with casinos, or any other business engaged in from time to time by the EMPLOYER Employer or its subsidiaries, affiliates, successors or assigns in which EMPLOYEE Employee has had significant authority and responsibility (the "Business"), directly or indirectly, (i) engage in a competing business for EMPLOYEE'S Employee's own account; (ii) enter the employ of, or render any consulting services to, any entity that competes with the EMPLOYEREmployer, or its subsidiaries, affiliates, successors, or assigns, in the Business; or (iii) become interested in any such entity in any capacity, including, without limitation, as an individual, partner, shareholder, officer, director, principal, agent, trustee or consultant; PROVIDED, HOWEVER, EMPLOYEE (x) Employee may (A) own, directly or indirectly, solely as a passive investment, securities of any entity traded on any national securities exchange or market if EMPLOYEE Employee is not a controlling person of, or a member of a group which controls, such entity and does not, directly or indirectly, own 5% or more of any class of securities of such entity and (B) subject to the first sentence of Section 2.04 above, make passive investments in hospitality enterprises not materially competitive with gaming and/or enterprises which are principally bar/restaurant enterprises containing no more than 50 gaming positions, PROVIDED, that such investments shall not materially interfere with the performance of EMPLOYEE'S Employee's duties hereunderhereunder and (y) in the event of a Special Termination or a Termination by Employee with Good Reason that is effective on or after the date hereof and prior to the earlier of (I) the first anniversary of the Acquisition Effective Date and (II) if applicable, an Abandonment Event, the covenants of Employee in this Section 10.01 shall apply only to activities by Employee in the Lake Tahoe and Iowa geographic areas or for or in respect of any entity which, directly or indirectly, including through affiliates, has operations in the Lake Tahoe or Iowa geographic areas.