Common use of Noncompetition/Nonsolicitation Period Clause in Contracts

Noncompetition/Nonsolicitation Period. The provisions of Paragraphs 14 and 15 shall continue, beyond the time periods set forth in such paragraphs, to apply with respect to Employee for six (6) months following the date of termination, and at the end of such six (6) month period, the Company shall have the right to extend the time period of noncompetition and nonsolicitation for an additional six (6) months by giving written notice to Employee of such extension and paying to Employee an amount equal to one-half the amount of Employee's annual Base Salary and one-half the target bonus under the Management Bonus Program as in effect immediately prior to his date of termination. At the election of the Company, the cash amount referred to in the prior sentence of this Paragraph 7b.vx. xxy be paid to Employee in periodic installments in accordance with the regular salary payment practices of the Company, with the first such installment to be paid on or before the delivery of the notice described in the first sentence of this Paragraph 7b.vx., xnd no interest shall be paid with respect to any amount paid in installments. The noncompetition and nonsolicitation provisions of this Agreement shall no longer apply to Employee if the Company fails to pay the amounts required under the provisions of Paragraph 7b.i. or the first two sentences of this Paragraph 7b.vx. xxr an uninterrupted 10-day period and such failure is not cured within 5 days after written notice of such failure is delivered to the Company.

Appears in 4 contracts

Samples: Employment Agreement (Cyberguard Corp), Employment Agreement (Cyberguard Corp), Employment Agreement (Cyberguard Corp)

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Noncompetition/Nonsolicitation Period. The provisions of Paragraphs 14 and 15 shall continueshall, beyond at the time periods set forth option of the Company in such paragraphsits sole discretion, continue to apply with respect to Employee for six (6) months a period of up to one year following the date of termination, and at so long as the end of such six Company: (6x) month period, the Company shall have the right to extend the time period of noncompetition and nonsolicitation for an additional six (6) months by giving provides a written notice to Employee of such extension and paying to Employee an amount equal to one-half the amount of within 5 business days after Employee's annual Base Salary termination that the Company wishes to exercise its right to require that Employee not compete and one-half the target bonus under the Management Bonus Program as not solicit in effect immediately prior to his date of termination. At the election of the Company, the cash amount referred to in the prior sentence of this Paragraph 7b.vx. xxy be paid accordance with Paragraphs 14 and 15 hereof; and (y) Company thereafter pays to Employee in periodic installments installments, without interest, in accordance with the regular salary payment practices of the CompanyCompany an amount equal to (.1) the amount of Employee's annual Base Salary as in effect immediately prior to Employee's date of termination, with multiplied by (.2) the number of months that the Company is requiring the non-competition and non-solicitation covenants to remain in place, divided by 12. The first such installment to of Base Salary and target bonus shall be paid on or before the delivery of the notice described in the first prior sentence of this Paragraph 7b.vx., xnd no interest shall be paid with respect to any amount paid in installments7a(ii). The noncompetition non-competition and nonsolicitation non-solicitation provisions of this Agreement shall no longer apply to Employee if the Company fails to pay the amounts required under the provisions of Paragraph 7b.i. or the first two sentences of this Paragraph 7b.vx. xxr Section 7a(ii) for an uninterrupted 10-day period and such failure is not cured within with 5 days after written notice of such failure is delivered to the Company.

Appears in 3 contracts

Samples: Employment Agreement (Cyberguard Corp), Employment Agreement (Cyberguard Corp), Employment Agreement (Cyberguard Corp)

Noncompetition/Nonsolicitation Period. The provisions of Paragraphs 14 and 15 shall continueshall, beyond at the time periods set forth option of the Company in such paragraphsits sole discretion, continue to apply with respect to Employee for six (6) months a period of up to one year following the date of termination, and at so long as the end of such six Company: (6x) month period, the Company shall have the right to extend the time period of noncompetition and nonsolicitation for an additional six (6) months by giving provides a written notice to Employee of such extension and paying to Employee an amount equal to one-half the amount of within 5 business days after Employee's annual Base Salary termination that the Company wishes to exercise its right to require that Employee not compete and one-half the target bonus under the Management Bonus Program as not solicit in effect immediately prior to his date of termination. At the election of the Company, the cash amount referred to in the prior sentence of this Paragraph 7b.vx. xxy be paid accordance with Paragraphs 14 and 15 hereof; and (y) Company thereafter pays to Employee in periodic installments installments, without interest, in accordance with the regular salary payment practices of the CompanyCompany an amount equal to (.1) the amount of Employee's annual Base Salary as in effect immediately prior to Employee's date of termination, with multiplied by (.2) the number of months that the Company is requiring the non-competition and non-solicitation covenants to remain in place, divided by 12. The first such installment to of Base Salary and target bonus shall be paid on or before the delivery of the notice described in the first prior sentence of this Paragraph 7b.vx., xnd no interest shall be paid with respect to any amount paid in installments7a(ii) . The noncompetition non-competition and nonsolicitation non-solicitation provisions of this Agreement shall no longer apply to Employee if the Company fails to pay the amounts required under the provisions of Paragraph 7b.i. or the first two sentences of this Paragraph 7b.vx. xxr Section 7a(ii) for an uninterrupted 10-10 day period and such failure is not cured within with 5 days after written notice of such failure is delivered to the Company.. 3

Appears in 1 contract

Samples: Employment Agreement (Cyberguard Corp)

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Noncompetition/Nonsolicitation Period. The provisions of Paragraphs 14 and 15 shall continue, beyond the time periods set forth in such paragraphs, to apply with respect to Employee for six (6) months following the date of termination, and at the end of such six (6) month period, the Company shall have the right to extend the time period of noncompetition and nonsolicitation for an additional six (6) months by giving written notice to Employee of such extension and paying to Employee an amount equal to one-half the amount of Employee's annual Base Salary and one-half the target bonus under the Management Bonus Program as in effect immediately prior to his date of termination. At the election of the Company, the cash amount referred to in the prior sentence of this Paragraph 7b.vx. xxy be paid to Employee in periodic installments in accordance with the regular salary payment practices of the Company, with the first such installment to be paid on or before the delivery of the notice described in the first sentence of this Paragraph 7b.vx., xnd no interest shall be paid with respect to any amount paid in installments. The noncompetition and nonsolicitation provisions of this Agreement shall no longer apply to Employee if the Company fails to pay the amounts required under the provisions of Paragraph 7b.i. or the first two sentences sentence of this Paragraph 7b.vx. xxr an uninterrupted 10-day period and such failure is not cured within 5 days after written notice of such failure is delivered to the Company.

Appears in 1 contract

Samples: Employment Agreement (Cyberguard Corp)

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