Noncompetition Matters Clause Samples
The Noncompetition Matters clause restricts one party, typically an employee or contractor, from engaging in business activities that directly compete with the employer or disclosing sensitive information to competitors. This clause often specifies a time period, geographic area, and the types of activities that are prohibited, such as working for a rival company or starting a similar business. Its core function is to protect the employer’s business interests and confidential information by preventing unfair competition after the working relationship ends.
Noncompetition Matters. (a) For two years following the Distribution Date, no member of the Houston Group shall engage in activities that were conducted exclusively by the Everett Business within the Houston Group immediately prior to the Distribution Date including (i) maintenance of and writing and re-writing of custom client applications (excluding cloud applications and those applications services in which the Other Houston Group is engaged a of the date hereof), (ii) BPO and BPS services, (iii) IT outsourcing (ITO) and hosting of cloud infrastructure on behalf of enterprise clients and (iv) workplace services as currently provided by Everett (the “Everett Exclusive Activities”). Notwithstanding the foregoing, nothing in this Section 7.7(a) shall restrict any member of the Houston Group from engaging in any commercial activities engaged by the Houston Group prior to the Distribution Date (other than the Everett Exclusive Activities) or acquisitions of (A) 10% or less of any Person or (B) any Person that derives less than 20% of its revenues from Everett Exclusive Activities or (C) a Person whose revenue from the Everett Exclusive Activities is in an amount less than 1.5% of the revenue of the Houston Group provided that the revenue from the Everett Exclusive Activities of all Persons acquired by the Houston Group during such two year period does not in the aggregate exceed 3% of the revenue of the Houston Group.
(b) For two years following the Distribution Date, subject to Section 7.7(d), no member of the Everett Group shall engage in activities that were conducted exclusively by the Other Houston Business immediately prior to the Distribution Date (the “Houston Exclusive Activities”); provided, that nothing in this Section 7.7(b) shall restrict the Everett Group from engaging in any commercial activities engaged in by the Everett Business as of the date hereof (other than the Houston Exclusive Activities). “Other Houston Business” means the business conducted by Houston immediately prior to the Distribution Date, other than the Everett Business.
Noncompetition Matters. IBM and Seller agree that, for a period of three years from the Closing Date, they shall not market additional new products, in the elementary and secondary school education marketplace in competition with Seller's products being transferred to Buyer under the Operative Agreements that replicate the same or nearly the same capabilities of such Seller's products and which IBM or Seller have (i) developed after the Date of Execution or (ii) acquired after the Date of Execution and which utilize the IBM logo or other logo owned by IBM. The parties to this Agreement acknowledge that given the nature and scope of IBM's activities, IBM is free to continue all of its business activities other than those involving Seller's products being transferred to Buyer under the Operative Agreements. These activities include but are not limited to activities such as the Lotus distance learning initiative (e.
Noncompetition Matters