Noncompetition and Related Matters. (a) The Employee acknowledges that during the term of his employment with the Company, the Company will provide him, and he will receive from the Company, special training and knowledge. The Employee acknowledges that included in the special knowledge received is the confidential information identified in paragraph 8. The Employee acknowledges that this confidential information is valuable to the Company and, therefore, its protection and maintenance constitutes a legitimate interest to be protected by the Company by enforcement of this covenant not to compete. Therefore, the Employee agrees that, in consideration of the foregoing, during the Employment Term and for the greater of the period of time during which the Company shall pay to the Employee any amount due under the terms of this Agreement or twelve (12) months following the Employment Termination Date, unless otherwise extended pursuant to the terms of this paragraph 11, the Employee will not, directly or indirectly, either as an employee, employer, consultant, agent, principal, partner, shareholder, corporate officer, director, or in any other individual or representative capacity, engage or participate in any Competitive Business (as hereinafter defined) within any state in which the Company or any subsidiary thereof is conducting or has conducted its Competitive Business during the Employment Term; provided that nothing in this paragraph 11 shall be construed to prevent the Employee from owning beneficially, as an investment, up to an aggregate of 5% of a class of equity securities that is publicly traded and registered under Section 12 of the Securities Exchange Act of 1934. For purposes of this paragraph 11, "
Noncompetition and Related Matters. (a) The Employee acknowledges that during the term of his employment with the Company, the Company has provided and will continue to provide to him, and he has received and will continue to receive from the Company, special training and knowledge. The Employee acknowledges that included in the special knowledge received is the confidential information identified in Paragraph 9. The Employee acknowledges that this confidential information is valuable to the Company and, therefore, its protection and maintenance constitutes a legitimate interest to be protected by the Company by the enforcement of this covenant not to compete. Therefore, the Employee agrees that, in consideration of the foregoing during the Employment Term and for a period commencing upon the termination of the Employee’s employment hereunder and ending upon the date which is 18 months from the termination of Employee’s employment hereunder, unless otherwise extended pursuant to the terms of this Paragraph 8, the Employee will not, directly or indirectly, either as an employee, employer, consultant, agent, principal, partner, shareholder, corporate officer, director, or in any other individual or representative capacity, engage or participate in any business or activity that is involved in leasing, acquiring, exploring, producing, gathering or marketing coal bed methane and related products; provided that nothing in this Paragraph 8 shall be construed to prevent the Employee from owning beneficially, as an investment, up to an aggregate of five percent of a class of equity securities that is publicly traded and registered under Section 12 of the Securities Exchange Act of 1934; provided further that nothing in this Paragraph 8 shall be construed to prevent the Employee from engaging or participating as an employee, employer, consultant, agent, principal, partner, shareholder, corporate officer, director, or in any other individual or representative capacity in a business venture which derived during the last fiscal year less than 25% of its gross revenues from or is a start-up or new venture formed for the primary purpose of leasing, acquiring, exploring, producing, gathering or marketing of coalbed methane, is not in direct competition with the Company, and would not require the Employee to use or disclose any confidential information identified in Paragraph 9. The Employee represents to the Company that the enforcement of the restriction contained in this Paragraph 8(a) would not be unduly...
Noncompetition and Related Matters. Without the prior written ---------------------------------- consent of the Company, Executive will not, directly or indirectly:
Noncompetition and Related Matters. (a) The Employee acknowledges that during the Employment Term the Company has agreed to provide to him, and he shall receive from the Company, special training and knowledge. The Employee acknowledges that included in the special knowledge received is the confidential information identified in Paragraph 10. The Employee acknowledges that this confidential information is valuable to the Company and, therefore, its protection and maintenance constitutes a legitimate interest to be protected by the Company by the enforcement of this covenant not to compete. Therefore, the Employee agrees that, during the Employment Term and for a period commencing upon the termination of the Employee's employment hereunder and ending eighteen months after such termination, unless otherwise extended pursuant to the terms of this Paragraph 9, the Employee will not, directly or indirectly, either as an employee, employer, consultant, agent, principal, partner, shareholder, corporate officer, director, or in any other individual or representative capacity, engage or participate in any business or activity that is engaged in a business relationship of any nature whatsoever with the Mazatzal Casino, the Wildhorse Gaming Resort, the Pueblo of Laguana Casino, or any gaming facility hereafter developed and/or managed by the Company or its subsidiaries for the Rhode Island Project Indian Tribe or any other tribal or non-tribal owner during the Employment Term (collectively, the "Capital Customers"). The Employee represents to the Company that the enforcement of the restriction contained in this Paragraph 9(a) would not be unduly burdensome to the Employee and that in order to induce the Company to employ the Employee the Employee further represents and acknowledges that the Employee is willing and able to compete in other geographical areas not prohibited by this Paragraph 9(a).
Noncompetition and Related Matters. (a) The Employee acknowledges that during the term of his employment with the Company, the Company will provide him, and he will receive from the Company, special training and
Noncompetition and Related Matters. Conditioned upon the Employee not having terminated employment under Section 3(a)(iii), Employee agrees that during the Employment Term and for a period of 2 years following the expiration of the Employment Term (the "Non-compete Period"), he shall not, directly or indirectly, as an owner, operator, employee, representative, shareholder, officer, director, partner, venturer, equityholder, consultant, advisor or in any other capacity, within a one hundred (100) mile radius of any location where the Company (directly or through agents or others) is operating, or at any time during the Employment Term is planning to operate, (i) engage in any business activity in direct competition with the business in which the Company is currently engaged, (ii) solicit such business from any of the customers or accounts of the Company, or (iii) become the employee of, or otherwise render services to or on behalf of, any enterprise which competes directly with the current business of the Company. Notwithstanding the foregoing, Employee may purchase or otherwise acquire up to (but not more than) 5 percent of any class of securities of any enterprise (but without otherwise participating in the activities of such enterprise), whether or not such enterprise is in competition with the Company, if
Noncompetition and Related Matters. During the Term Seller shall not:
Noncompetition and Related Matters. (a) Shareholder agrees that for a period of three years from the effective date of this Section 2.6, he shall not, directly or indirectly, as an owner, operator, employee, representative, shareholder, officer, director, partner, venturer, equityholder, consultant, advisor or in any other capacity, within a one hundred (100) mile radius of any location where the Company (directly or through agents or others) is operating or at the effective date of this Section 2.6, is planning to operate, (i) engage in any business activity in competition with the business in which the Company is engaged at the time of the effective date of this Section 2.6 or any business activity which the Company is planning, as of the effective date of this Section 2.6, to pursue, (ii) solicit such business from, or provide such services to, any of the customers or accounts of the Company, or (iii) become the employee of, or otherwise render services to or on behalf of, any enterprise which competes directly or indirectly with the business of the Company. Notwithstanding the foregoing, the Shareholder may purchase or otherwise acquire up to (but not more than) one percent of any class of securities of any enterprise (but without otherwise participating in the activities of such enterprise), whether or not such enterprise is in competition with the Company, if such securities are listed on any national or regional securities exchange or have been registered under Section 12(g) of the Securities Exchange Act of 1934. Shareholder recognizes and acknowledges that, in the course of his duties with the Company and as a result of the position of trust he has held, he has obtained private and confidential information and proprietary data relating to the Company. Shareholder agrees that for a period of three years from the effective date of this Section 2.6, he will not, either directly or indirectly, disclose or use
Noncompetition and Related Matters. In further consideration of the promises and undertakings of the Company set out in this Agreement and the Consulting Agreement, and in the light of the acknowledgements in subsection (a) below, the Executive agrees as follows:
Noncompetition and Related Matters
