Noncompetition; Non-solicitation. (a) Executive acknowledges the highly competitive nature of the Company’s business and that access to the Company’s confidential records and proprietary information renders Executive special and unique within the Company’s industries. In addition to the protection of confidential records and proprietary information covered in Section 5.2, the provisions set forth in this Section 5.1 are necessary in order to protect the goodwill of the Company and the relationships developed by the Company with employees, customers and suppliers. In consideration of the amounts that may hereafter be paid to Executive pursuant to this Agreement (including, without limitation, Sections 3 and 4), Executive agrees that during the Term (including any extensions thereof) and during the Covered Time (as defined in Section 5.1(e)), Executive, alone or with others, will not, directly or indirectly, on behalf of a Competing Business (defined below), perform job duties of the type conducted, authorized, offered, or provided by Executive within two (2) years prior to the date of termination of Executive’s employment. Executive acknowledges that Company has gaming and lottery customers in almost every single state as well numerous countries throughout the world and Executive has global responsibilities. Therefore, this restriction covers any geographic area where the Company does business. For purposes of this Section 5, “Competing Business” shall mean any business or operations that competes with the Company: (i) related to (A) design, development, manufacturing, production, sales, leasing, licensing, provisioning, operational or management activities (as the case may be) related to the (1) lottery industry, (2) the land-based gaming industry, (3) the interactive gaming industry, and (4) the social gaming industry; or (B) in which the Company is then or was within the previous 12 months engaged, or in which the Company, to Executive’s knowledge, contemplates to engage in during the Term or the Covered Time, (ii) in which Executive was engaged or involved on behalf of the Company or with respect to which Executive has obtained proprietary or confidential information; and (iii) which were conducted anywhere in the United States or in any other geographic area in which such business was conducted or the Company contemplates conducting such business. Notwithstanding the foregoing, it is understood and agreed that Executive may have a beneficial ownership of not more than one (1) percent of the outstanding shares of a corporation with capital stock listed on any national or regional securities exchange or quoted in the daily listing of over-the-counter market securities and in which Executive does not undertake a management, operational, or advisory role.
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Noncompetition; Non-solicitation. (a) Executive acknowledges the highly competitive nature of the Company’s business and that access to the Company’s confidential records and proprietary information renders Executive special and unique within the Company’s industries. In addition to the protection of confidential records and proprietary information covered in Section 5.2, the provisions set forth in this Section 5.1 are necessary in order to protect the goodwill of the Company and the relationships developed by the Company with employees, customers and suppliersindustry. In consideration of the amounts that may hereafter be paid to Executive pursuant to this Agreement (including, without limitation, Sections 3 2 and 44 hereof), Executive agrees that during the Term (including any extensions thereof) and during the Covered Time (as defined in Section 5.1(e)) hereof), Executive, alone or with others, will not, directly or indirectly, on behalf of a engage (as owner, investor, partner, stockholder, employer, employee, consultant, advisor, director or otherwise) in any Competing Business (defined below), perform job duties of the type conducted, authorized, offered, or provided by Executive within two (2) years prior to the date of termination of Executive’s employment. Executive acknowledges that Company has gaming and lottery customers in almost every single state as well numerous countries throughout the world and Executive has global responsibilities. Therefore, this restriction covers any geographic area where the Company does businessBusiness. For purposes of this Section 5, “Competing Business” shall mean any business or operations that competes with the Companybusiness: (i) involving design and production of instant lottery tickets and the management of related to (A) designmarketing and distribution programs; manufacture, developmentsale, manufacturing, production, sales, leasing, licensing, provisioning, operational operation or management activities of on-line lottery systems (Lotto-type games), video gaming (as the case may be) related to the (1) lottery industryin VLT and wide area gaming), (2) the landincluding fixed odds or server-based gaming industry, betting terminals and video lottery terminals; development and commercialization of licensed and other proprietary game entertainment for all lottery product channels; provision of wagering (3whether pari-mutuel (pooled) the interactive gaming industry, or otherwise) or venue management services for racetracks and (4) the social gaming industryoff-track betting facilities; production of prepaid cellular phone cards; or (B) any other business in which the Company or its affiliates is then or was within the previous 12 eighteen (18) months engaged, engaged or in which the Company, to Executive’s knowledge, contemplates intends to engage in during the Term or the Covered Time, ; (ii) in which Executive was engaged or involved (whether in an executive or supervisory capacity or otherwise) on behalf of the Company or with respect to which Executive has obtained proprietary or confidential information; and (iii) which were was conducted anywhere in the United States or in any other geographic area in which such business was conducted or planned to be conducted by the Company contemplates conducting such business. Notwithstanding the foregoing, it is understood and agreed that Executive may have a beneficial ownership of not more than one (1) percent of the outstanding shares of a corporation with capital stock listed on any national or regional securities exchange or quoted in the daily listing of over-the-counter market securities and in which Executive does not undertake a management, operational, or advisory roleCompany.
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Noncompetition; Non-solicitation. (a) Executive acknowledges the highly competitive nature of the Company’s business and that access to the Company’s confidential records and proprietary information renders Executive special and unique within the Company’s industries. In addition to the protection of confidential records and proprietary information covered in Section 5.2, the provisions set forth in this Section 5.1 are necessary in order to protect the goodwill of the Company and the relationships developed by the Company with employees, customers and suppliersindustry. In consideration of the amounts that may hereafter be paid to Executive pursuant to this Agreement (including, without limitation, Sections 3 and 44 hereof), Executive agrees that during the Term (including any extensions thereof) and during the Covered Time (as defined in Section 5.1(e)) hereof), Executive, alone or with others, will not, directly or indirectly, on behalf of a engage (as owner, investor, partner, stockholder, employer, employee, consultant, advisor, director or otherwise) in any Competing Business (defined below), perform job duties of the type conducted, authorized, offered, or provided by Executive within two (2) years prior to the date of termination of Executive’s employment. Executive acknowledges that Company has gaming and lottery customers in almost every single state as well numerous countries throughout the world and Executive has global responsibilities. Therefore, this restriction covers any geographic area where the Company does businessBusiness. For purposes of this Section 5, “Competing Business” shall mean any business or operations that competes with the Companybusiness: (i) involving design and production of instant lottery tickets and the management of related to (A) designmarketing and distribution programs; manufacture, developmentsale, manufacturing, production, sales, leasing, licensing, provisioning, operational operation or management activities of on-line lottery systems (as the case may be) related to the (1) lottery industryLotto-type games), (2) the landvideo gaming, including fixed odds or server-based gaming industry, betting terminals and video lottery terminals; development and commercialization of licensed and other proprietary game entertainment for all lottery product channels; provision of wagering (3whether pari-mutuel (pooled) the interactive gaming industry, or otherwise) or venue management services for racetracks and (4) the social gaming industryoff-track betting facilities; production of prepaid cellular phone cards; or (B) any other business in which the Company or its affiliates is then or was within the previous 12 eighteen (18) months engaged, engaged or in which the Company, to Executive’s knowledge, contemplates intends to engage in during the Term or the Covered Time, ; (ii) in which Executive was engaged or involved (whether in an executive or supervisory capacity or otherwise) on behalf of the Company or with respect to which Executive has obtained proprietary or confidential information; and (iii) which were was conducted anywhere in the United States or in any other geographic area in which such business was conducted or planned to be conducted by the Company contemplates conducting such businessCompany. Notwithstanding Nothing in this Section 5 is intended to preclude the foregoingunknowing ownership or trading of securities in a competing business through a mutual fund by Executive. Moreover, it is understood and agreed that Executive may have a beneficial ownership the acquisition of not more than one (1) percent up to 2% of the outstanding shares of a corporation with capital stock listed on any national or regional securities exchange or quoted in the daily listing of over-the-counter market securities and in which Executive does not undertake a managementequity, operationaldebt securities, or advisory roleother equity interests or any person, corporation, partnership, or other business entity for passive investment purposes shall not, in and of itself, be construed as engaging in a Competing Business.
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Noncompetition; Non-solicitation. (a) Executive acknowledges the highly competitive nature of the Company’s business and that access to the Company’s confidential records and proprietary information renders Executive special and unique within the Company’s industries. In addition to the protection of confidential records and proprietary information covered in Section 5.2, the provisions set forth in this Section 5.1 are necessary in order to protect the goodwill of the Company and the relationships developed by the Company with employees, customers and suppliersindustry. In consideration of the amounts that may hereafter be paid to Executive pursuant to this Agreement (including, without limitation, Sections 3 and 4), Executive agrees that during the Term (including any extensions thereof) and during the Covered Time (as defined in Section 5.1(e)), Executive, alone or with others, will not, directly or indirectly, on behalf of a engage (as owner, investor, partner, stockholder, employer, employee, consultant, advisor, director or otherwise) in any Competing Business (defined below), perform job duties of the type conducted, authorized, offered, or provided by Executive within two (2) years prior to the date of termination of Executive’s employment. Executive acknowledges that Company has gaming and lottery customers in almost every single state as well numerous countries throughout the world and Executive has global responsibilities. Therefore, this restriction covers any geographic area where the Company does businessBusiness. For purposes of this Section 5, “Competing Business” shall mean any business or operations that competes with the Companybusiness: (i) involving: the design and production of instant lottery tickets and/or the management of related to (A) designmarketing and distribution programs; the manufacture, developmentsale, manufacturing, production, sales, leasing, licensing, provisioning, operational operation or management activities of on-line lottery systems (as the case may be) related to the (1) lottery industrydraw games), (2) the landvideo gaming, including fixed odds or server-based gaming industry, betting terminals and video lottery terminals; the development and commercialization of licensed and other proprietary game entertainment for any lottery product channels; the provision of wagering (3whether pari-mutuel (pooled) or otherwise) or venue management services for racetracks and off-track betting facilities; the interactive gaming industry, production and (4) the social gaming industrysale of prepaid cellular phone cards; or (B) and/or any other business in which the Company or any of its affiliates is then or was within the previous 12 eighteen (18) months engaged, engaged or in which the Company, to Executive’s knowledge, contemplates intends to engage in during the Term or the Covered Time, ; (ii) in which Executive was engaged or involved (whether in an executive or supervisory capacity or otherwise) on behalf of the Company or with respect to which Executive has obtained proprietary or confidential information; and (iii) which were was conducted anywhere in the United States or in any other geographic area in which such business was conducted or planned to be conducted by the Company contemplates conducting such business. Notwithstanding the foregoing, it is understood and agreed that Executive may have a beneficial ownership of not more than one (1) percent of the outstanding shares of a corporation with capital stock listed on any national or regional securities exchange or quoted in the daily listing of over-the-counter market securities and in which Executive does not undertake a management, operational, or advisory roleCompany.
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Noncompetition; Non-solicitation. (a) Executive Employee acknowledges the highly competitive nature of the Company’s business and that access to the Company’s confidential records and proprietary information renders Executive Employee special and unique within the Company’s industries. In addition to the protection of confidential records and proprietary information covered in Section 5.2, the provisions set forth in this Section 5.1 are necessary in order to protect the goodwill of the Company and the relationships developed by the Company with employees, customers and suppliersindustry. In consideration of the amounts that may hereafter be paid to Executive Employee pursuant to this Agreement (including, without limitation, Sections 3 4 and 45 hereof), Executive Employee agrees that during the Term (including any extensions thereof) and during the Covered Time (as defined in Section 5.1(e)6.1(e) hereof), ExecutiveEmployee, alone or with others, will not, directly or indirectly, on behalf of a engage (as owner, investor, partner, stockholder, employer, employee, consultant, advisor, director or otherwise) in any Competing Business (defined below), perform job duties of the type conducted, authorized, offered, or provided by Executive within two (2) years prior to the date of termination of Executive’s employment. Executive acknowledges that Company has gaming and lottery customers in almost every single state as well numerous countries throughout the world and Executive has global responsibilities. Therefore, this restriction covers any geographic area where the Company does businessBusiness. For purposes of this Section 56, “Competing Business” shall mean any business or operations that competes with the Companybusiness: (i) involving design and production of instant lottery tickets and the management of related to (A) designmarketing and distribution programs; manufacture, developmentsale, manufacturing, production, sales, leasing, licensing, provisioning, operational operation or management activities of on-line lottery systems (as the case may be) related to the (1) lottery industryLotto-type games), (2) the landvideo gaming, including fixed odds or server-based gaming industry, betting terminals and video lottery terminals; development and commercialization of licensed and other proprietary game entertainment for all lottery product channels; provision of wagering (3whether pari-mutuel (pooled) the interactive gaming industry, or otherwise) or venue management services for racetracks and (4) the social gaming industryoff-track betting facilities; production of prepaid cellular phone cards; or (B) any other business in which the Company or its affiliates is then or was within the previous 12 twelve (12) months engaged, engaged or in which the Company, to ExecutiveEmployee’s knowledge, contemplates intends to engage in during the Term or the Covered Time, Time (as defined below); (ii) in which Executive the Employee was engaged or involved (whether in an executive or supervisory capacity or otherwise) on behalf of the Company or with respect to which Executive the Employee has obtained proprietary or confidential information; and (iii) which were was conducted anywhere in the United States or in any other geographic area in which such business was conducted or planned to be conducted by the Company contemplates conducting such business. Notwithstanding the foregoing, it is understood and agreed that Executive may have a beneficial ownership of not more than one (1) percent of the outstanding shares of a corporation with capital stock listed on any national or regional securities exchange or quoted in the daily listing of over-the-counter market securities and in which Executive does not undertake a management, operational, or advisory roleCompany.
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Noncompetition; Non-solicitation. (a) Executive acknowledges the highly competitive nature of the Company’s business and that access to the Company’s confidential records and proprietary information renders Executive special and unique within the Company’s industries. In addition to the protection of confidential records and proprietary information covered in Section 5.2, the provisions set forth in this Section 5.1 are necessary in order to protect the goodwill of the Company and the relationships developed by the Company with employees, customers and suppliersindustry. In consideration of the amounts that may hereafter be paid to Executive pursuant to this Agreement (including, without limitation, Sections 3 and 44 hereof), Executive agrees that during the Term (including any extensions thereof) and during the Covered Time (as defined in Section 5.1(e)) hereof), Executive, alone or with others, will not, directly or indirectly, on behalf of a engage (as owner, investor, partner, stockholder, employer, employee, consultant, advisor, director or otherwise) in any Competing Business (defined below), perform job duties of the type conducted, authorized, offered, or provided by Executive within two (2) years prior to the date of termination of Executive’s employment. Executive acknowledges that Company has gaming and lottery customers in almost every single state as well numerous countries throughout the world and Executive has global responsibilities. Therefore, this restriction covers any geographic area where the Company does businessBusiness. For purposes of this Section 5, “Competing Business” shall mean any business or operations that competes with the Companybusiness: (i) involving design and production of instant lottery tickets and the management of related to (A) designmarketing and distribution programs; manufacture, developmentsale, manufacturing, production, sales, leasing, licensing, provisioning, operational operation or management activities of on-line lottery systems (as the case may be) related to the (1) lottery industryLotto-type games), (2) the landvideo gaming, including fixed odds or server-based gaming industry, betting terminals and video lottery terminals; development and commercialization of licensed and other proprietary game entertainment for all lottery product channels; provision of wagering (3whether pari-mutuel (pooled) the interactive gaming industry, or otherwise) or venue management services for racetracks and (4) the social gaming industryoff-track betting facilities; production of prepaid cellular phone cards; or (B) any other business in which the Company or its affiliates is then or was within the previous 12 eighteen (18) months engaged, engaged or in which the Company, to Executive’s knowledge, contemplates intends to engage in during the Term or the Covered Time, ; (ii) in which the Executive was engaged or involved (whether in an executive or supervisory capacity or otherwise) on behalf of the Company or with respect to which the Executive has obtained proprietary or confidential information; and (iii) which were was conducted anywhere in the United States or in any other geographic area in which such business was conducted or planned to be conducted by the Company contemplates conducting such businessCompany. Notwithstanding Nothing in this Section 5 is intended to preclude the foregoingunknowing ownership or trading of securities in a competing business through a mutual fund by Executive or being an investment banker at a firm that represents competing interests in which he does not provide information, it is understood and agreed that Executive may have a beneficial ownership advice or services. Moreover, the acquisition of not more than one (1) percent up to 2% of the outstanding shares of a corporation with capital stock listed on any national or regional securities exchange or quoted in the daily listing of over-the-counter market securities and in which Executive does not undertake a managementequity, operationaldebt securities, or advisory roleother equity interests or any person, corporation, partnership, or other business entity for passive investment purposes shall not, in and of itself, be construed as engaging in a Competing Business.
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