Common use of Nonsolicitation and Non-Competition Clause in Contracts

Nonsolicitation and Non-Competition. For so long as Employee is an employee of the Company, and continuing thereafter for twelve months following any termination of Employee's employment, Employee shall not, without the prior written consent of the Company, directly or indirectly, as a sole proprietor, member of a partnership, stockholder or investor, officer or director of a corporation, or as an employee, associate, consultant or agent of any person, partnership, corporation or other business organization or entity other than the Company: (i) solicit or endeavor to entice away from the Company or any of its subsidiaries any person or entity who is, or, during the then most recent 12 month period, was employed by, or had served as an agent of, the Company or any of its subsidiaries; or (ii) engage in or contract with others to engage in any business enterprise, line of work consulting contract, joint venture or other arrangement which conducts a business or businesses substantially similar to the business conducted by Company in any area in which Company or any of its affiliates or subsidiaries provides or plans to provide air transportation to the public. Employee acknowledges that the geographic area covered hereby, and the period and nature of the agreed restrictions are reasonable and necessary for the protection of the business of the Company. All provisions of this Paragraph concerning non-competition are severable; and while it is the intention of the parties that all of said provisions shall be enforceable, if any one of the same shall be held to be unenforceable in whole or in part, the remainder shall continue to be in full force and effect. The provisions of clause (ii) above of this Paragraph 11.A will not apply following any termination of Employee's employment by the Company other than for cause. The terms of this Paragraph 11.A will not apply following any termination of Employee's employment that was effected as a result of, in connection with or within twelve (12) months following a Change in Control. The twelve month period will be deemed to mean any notice given within twelve months following a Change in Control regardless of when actual termination occurs following said notice.

Nonsolicitation and Non-Competition. For so long as Employee Xxxxxxx is an employee of the Company, and continuing thereafter for twelve months following any termination of Employee's Xxxxxxx'x employment, Employee or with respect to the provisions of (i), below, for the longer of such twelve month period or for such period as Xxxxxxx is receiving Severance Compensation, Xxxxxxx shall not, without the prior written consent of the Company, directly or indirectly, as a sole proprietor, member of a partnership, stockholder or investor, officer or director of a corporation, or as an employee, associate, consultant or agent of any person, partnership, corporation or other business organization or entity other than the Company: (i) solicit or endeavor to entice away from the Company or any of its subsidiaries any person or entity who is, or, during the then most recent 12 month period, was employed by, or had served as an agent of, the Company or any of its subsidiaries; or (ii) engage in or contract with others to engage in any business enterprise, line of work consulting contract, joint venture or other arrangement which conducts a business or businesses substantially similar to the business conducted by Company in any area in which Company or any of its affiliates or subsidiaries provides or plans to provide air transportation to the public. Employee Xxxxxxx acknowledges that the geographic area covered hereby, and the period and nature of the agreed restrictions are reasonable and necessary for the protection of the business of the Company. All provisions of this Paragraph concerning non-competition are severable; and while it is the intention of the parties that all of said provisions shall be enforceable, if any one of the same shall be held to be unenforceable in whole or in part, the remainder shall continue to be in full force and effect. The provisions of clause (ii) above of this Paragraph 11.A will not apply following any termination of Employee's employment by the Company other than for cause. The terms of this Paragraph 11.A will not apply following any termination of Employee's Xxxxxxx'x employment that was effected as a result of, in connection with or within twelve (12) months following a Change in Control. The provisions of clause (ii) above of this Paragraph 11.A will not apply following any termination of Xxxxxxx'x employment by the Company other than for cause. The twelve month period will be deemed to mean any notice given within twelve months following a Change in Control regardless of when actual termination occurs following said notice.

Nonsolicitation and Non-Competition. For so long as Employee Xxxxxxx is an employee of the Company, and continuing thereafter for twelve months following any termination of Employee's Xxxxxxx’x employment, Employee or with respect to the provisions of (i), below, for the longer of such twelve month period or for such period as Xxxxxxx is receiving Severance Compensation, Xxxxxxx shall not, without the prior written consent of the Company, directly or indirectly, as a sole proprietor, member of a partnership, stockholder or investor, officer or director of a corporation, or as an employee, associate, consultant or agent of any person, partnership, corporation or other business organization or entity other than the Company: (i) solicit or endeavor to entice away from the Company or any of its subsidiaries any person or entity who is, or, during the then most recent 12 month period, was employed by, or had served as an agent of, the Company or any of its subsidiaries; or (ii) engage in or contract with others to engage in any business enterprise, line of work consulting contract, joint venture or other arrangement which conducts a business or businesses substantially similar to the business conducted by Company in any area in which Company or any of its affiliates or subsidiaries provides or plans to provide air transportation to the public. Employee Xxxxxxx acknowledges that the geographic area covered hereby, and the period and nature of the agreed restrictions are reasonable and necessary for the protection of the business of the Company. All provisions of this Paragraph concerning non-competition are severable; and while it is the intention of the parties that all of said provisions shall be enforceable, if any one of the same shall be held to be unenforceable in whole or in part, the remainder shall continue to be in full force and effect. The provisions of clause (ii) above of this Paragraph 11.A will not apply following any termination of Employee's employment by the Company other than for cause. The terms of this Paragraph 11.A will not apply following any termination of Employee's Xxxxxxx’x employment that was effected as a result of, in connection with or within twelve (12) months following a Change in Control. The provisions of clause (ii) above of this Paragraph 11.A will not apply following any termination of Xxxxxxx’x employment by the Company other than for cause. The twelve month period will be deemed to mean any notice given within twelve months following a Change in Control regardless of when actual termination occurs following said notice.

Nonsolicitation and Non-Competition. For so long as Employee Xxxxx is an employee of the Company, and continuing thereafter for twelve months following any termination of Employee's Xxxxx'x employment, Employee or with respect to the provisions of (i), below, for the longer of such twelve month period or for such period as Xxxxx is receiving Severance Compensation, Xxxxx shall not, without the prior written consent of the Company, directly or indirectly, as a sole proprietor, member of a partnership, stockholder or investor, officer or director of a corporation, or as an employee, associate, consultant or agent of any person, partnership, corporation or other business organization or entity other than the Company: (i) solicit or endeavor to entice away from the Company or any of its subsidiaries any person or entity who is, or, during the then most recent 12 month period, was employed by, or had served as an agent of, the Company or any of its subsidiaries; or (ii) engage in or contract with others to engage in any business enterprise, line of work consulting contract, joint venture or other arrangement which conducts a business or businesses substantially similar to the business conducted by Company in any area in which Company or any of its affiliates or subsidiaries provides or plans to provide air transportation to the public. Employee Xxxxx acknowledges that the geographic area covered hereby, and the period and nature of the agreed restrictions are reasonable and necessary for the protection of the business of the Company. All provisions of this Paragraph concerning non-competition are severable; and while it is the intention of the parties that all of said provisions shall be enforceable, if any one of the same shall be held to be unenforceable in whole or in part, the remainder shall continue to be in full force and effect. The provisions of clause (ii) above of this Paragraph 11.A will not apply following any termination of Employee's employment by the Company other than for cause. The terms of this Paragraph 11.A will not apply following any termination of Employee's Xxxxx'x employment that was effected as a result of, in connection with or within twelve (12) months following a Change in Control. The provisions of clause (ii) above of this Paragraph 11.A will not apply following any termination of Xxxxx'x employment by the Company other than for cause. The twelve month period will be deemed to mean any notice given within twelve months following a Change in Control regardless of when actual termination occurs following said notice.

Nonsolicitation and Non-Competition. For so long as Employee Xxxxx is an employee of the Company, and continuing thereafter for twelve months following any termination of Employee's Xxxxx’x employment, Employee or with respect to the provisions of (i), below, for the longer of such twelve month period or for such period as Xxxxx is receiving Severance Compensation, Xxxxx shall not, without the prior written consent of the Company, directly or indirectly, as a sole proprietor, member of a partnership, stockholder or investor, officer or director of a corporation, or as an employee, associate, consultant or agent of any person, partnership, corporation or other business organization or entity other than the Company: (i) solicit or endeavor to entice away from the Company or any of its subsidiaries any person or entity who is, or, during the then most recent 12 month period, was employed by, or had served as an agent of, the Company or any of its subsidiaries; or (ii) engage in or contract with others to engage in any business enterprise, line of work consulting contract, joint venture or other arrangement which conducts a business or businesses substantially similar to the business conducted by Company in any area in which Company or any of its affiliates or subsidiaries provides or plans to provide air transportation to the public. Employee Xxxxx acknowledges that the geographic area covered hereby, and the period and nature of the agreed restrictions are reasonable and necessary for the protection of the business of the Company. All provisions of this Paragraph concerning non-competition are severable; and while it is the intention of the parties that all of said provisions shall be enforceable, if any one of the same shall be held to be unenforceable in whole or in part, the remainder shall continue to be in full force and effect. The provisions of clause (ii) above of this Paragraph 11.A will not apply following any termination of Employee's employment by the Company other than for cause. The terms of this Paragraph 11.A will not apply following any termination of Employee's Xxxxx’x employment that was effected as a result of, in connection with or within twelve (12) months following a Change in Control. The provisions of clause (ii) above of this Paragraph 11.A will not apply following any termination of Xxxxx’x employment by the Company other than for cause. The twelve month period will be deemed to mean any notice given within twelve months following a Change in Control regardless of when actual termination occurs following said notice.

Nonsolicitation and Non-Competition. For so long as Employee is an employee of the Company, and continuing thereafter for twelve months following any termination of Employee's employment, Employee shall not, without the prior written consent of the Company, directly or indirectly, as a sole proprietor, member of a partnership, stockholder or investor, officer or director of a corporation, or as an employee, associate, consultant or agent of any person, partnership, corporation or other business organization or entity other than the Company: (i) solicit or endeavor to entice away from the Company or any of its subsidiaries any person or entity who is, or, during the then most recent 12 month period, was employed by, or had served as an agent of, the Company or any of its subsidiaries; or (ii) engage in or contract with others to engage in any business enterprise, line of work consulting contract, joint venture or other arrangement which conducts a business or businesses substantially similar to the business conducted by Company in any area in which Company or any of its affiliates or subsidiaries provides or plans to provide air transportation to the public. Employee acknowledges that the geographic area covered hereby, and the period and nature of the agreed restrictions are reasonable and necessary for the protection of the business of the Company. All provisions of this Paragraph concerning non-competition are severable; and while it is the intention of the parties that all of said provisions shall be enforceable, if any one of the same shall be held to be unenforceable in whole or in part, the remainder shall continue to be in full force and effect. The provisions of clause (ii) above of this Paragraph 11.A will not apply following any termination of Employee's employment by the Company other than for cause. The terms of this Paragraph 11.A will not apply following any termination of Employee's employment that was effected as a result of, in connection with or within twelve (12) months following a Change in Control. The provisions of clause (ii) above of this Paragraph 11.A will not apply following any termination of Employee's employment by the Company other than for cause. The twelve month period will be deemed to mean any notice given within twelve months following a Change in Control regardless of when actual termination occurs following said notice.

Nonsolicitation and Non-Competition. For so long as Employee Moore is an employee of the Company, and continuing contixxxxx thereafter for twelve months following any termination of EmployeeMoore's employment, Employee shall or with respect to the provisixxx xx (i), below, for the longer of such twelve month period or for such period as Moore is receiving Severance Compensation, Mooxx xhall not, without the prior written consent conxxxx of the Company, directly or indirectly, as a sole proprietor, member of a partnership, stockholder or investor, officer or director of a corporation, or as an employee, associate, consultant or agent of any person, partnership, corporation or other business organization or entity other than the Company: (i) solicit or endeavor to entice away from the Company or any of its subsidiaries any person or entity who is, or, during the then most recent 12 month period, was employed by, or had served as an agent of, the Company or any of its subsidiaries; or (ii) engage in or contract with others to engage in any business enterprise, line of work consulting contract, joint venture or other arrangement which conducts a business or businesses substantially similar to the business conducted by Company in any area in which Company or any of its affiliates or subsidiaries provides or plans to provide air transportation to the public. Employee Moore acknowledges that the geographic area covered covxxxx hereby, and the period and nature of the agreed restrictions are reasonable and necessary for the protection of the business of the Company. All provisions of this Paragraph concerning non-competition are severable; and while it is the intention of the parties that all of said provisions shall be enforceable, if any one of the same shall be held to be unenforceable in whole or in part, the remainder shall continue to be in full force and effect. The terms of this Paragraph 11.A will not apply following any termination of Moore's employment that was effected as a rxxxxx of, in connection with or within twelve (12) months following a Change in Control. The provisions of clause (ii) above of this Paragraph 11.A will not apply following any termination of Employee's employment by the Company other than for cause. The terms of this Paragraph 11.A will not apply following any termination of Employee's employment that was effected as a result of, in connection with or within twelve (12) months following a Change in Control. The twelve month period will be deemed to mean any notice given within twelve months following a Change in Control regardless of when actual termination occurs following said notice.. In the event Moore is receiving Severance Compensation followinx

Nonsolicitation and Non-Competition. For so long as Employee Moore is an employee of the Company, and continuing cxxxxxuing thereafter for twelve months following any termination of EmployeeMoore's employment, Employee or with respect to the xxxxxxions of (i), below, for the longer of such twelve month period or for such period as Moore is receiving Severance Compensation, Xxxre shall not, without the prior written consent xxxxxnt of the Company, directly or indirectly, as a sole proprietor, member of a partnership, stockholder or investor, officer or director of a corporation, or as an employee, associate, consultant or agent of any person, partnership, corporation or other business organization or entity other than the Company: (i) solicit or endeavor to entice away from the Company or any of its subsidiaries any person or entity who is, or, during the then most recent 12 month period, was employed by, or had served as an agent of, the Company or any of its subsidiaries; or (ii) engage in or contract with others to engage in any business enterprise, line of work consulting contract, joint venture or other arrangement which conducts a business or businesses substantially similar to the business conducted by Company in any area in which Company or any of its affiliates or subsidiaries provides or plans to provide air transportation to the public. Employee Moore acknowledges that the geographic area covered xxxxxed hereby, and the period and nature of the agreed restrictions are reasonable and necessary for the protection of the business of the Company. All provisions of this Paragraph concerning non-competition are severable; and while it is the intention of the parties that all of said provisions shall be enforceable, if any one of the same shall be held to be unenforceable in whole or in part, the remainder shall continue to be in full force and effect. The provisions of clause (ii) above of this Paragraph 11.A will not apply following any termination of Employee's employment by the Company other than for cause. The terms of this Paragraph 11.A will not apply following any termination of EmployeeMoore's employment that was effected as a result ofrexxxx xf, in connection with or within twelve (12) months following a Change in Control. The twelve month period will be deemed to mean any notice given within twelve months following a Change in Control regardless of when actual termination occurs following said notice.. In the event Moore is receiving Severance Compensation foxxxxxng