Common use of Noncompetition; Non-solicitation Clause in Contracts

Noncompetition; Non-solicitation. During the Term of this Agreement (including any extensions thereof) and for a period of one (1) year following the termination of the Executive's employment under this Agreement for any reason, which period shall be extended to eighteen (18) months if such termination occurs in anticipation of a Change in Control (as defined in Section 6.2) or on or within eighteen (18) months after a Change in Control, the Executive shall not, except with the Company's express prior written consent, directly or indirectly, in any capacity, for the benefit of any entity or person (including the Executive): (i) Become employed by, own, operate, manage, direct, invest in (except through a mutual fund or ownership of less than one percent (1%) of the securities of a public company in competition with the Business), or otherwise, directly or indirectly, engage in, or be employed by, any entity or person which competes with the Business (as hereinafter defined) within the Territory. For purposes of this Agreement, "Business" shall mean an image guided surgical device and/or software used in combination with any surgical robotic device and/or software in the field of orthopedics. For purposes of this Agreement, "Territory" shall mean the United States of America.

Noncompetition; Non-solicitation. During the Term of this Agreement (including any extensions thereof) and for a period of one (1) year following the termination of the Executive's ’s employment under this Agreement for any reason, which period shall be extended to eighteen (18) months if such termination occurs in anticipation of a Change in Control (as defined in Section 6.2) or on or within eighteen (18) months after a Change in Control, the Executive shall not, except with the Company's ’s express prior written consent, directly or indirectly, in any capacity, for the benefit of any entity or person (including the Executive): (i) Become employed by, own, operate, manage, direct, invest in (except through a mutual fund or ownership of less than one percent (1%) of the securities of a public company in competition with the Business), or otherwise, directly or indirectly, engage in, or be employed by, any entity or person which competes with the Business (as hereinafter defined) within the Territory. For purposes of this Agreement, "“Business" ” shall mean an image guided surgical device and/or software used in combination with any surgical robotic device and/or software in the field of orthopedics. For purposes of this Agreement, "“Territory" ” shall mean the United States of America. (ii) Divert or take away any customer or client of the Company, or any of its subsidiaries, or solicit, service or promote a competing service that competes with the Business to any customer, client or employee of the Company, its subsidiaries or any of its respective businesses. (iii) Solicit or hire any employee of the Company, or any of its subsidiaries.