Common use of Post-Employment Activities Clause in Contracts

Post-Employment Activities. (a) Executive agrees that for a period of two (2) years following the termination of his employment under this Agreement either: (i) by the Company with Cause; or (ii) by Executive (other than pursuant to Section 13(e) below), Executive will not directly or indirectly engage in (whether as an employee, consultant, proprietor, shareholder, partner, director, or otherwise), or have any ownership interest in, or participate in the financing, operation, management or control of any person, firm, corporation or business that engages in the commercial aircraft maintenance business anywhere within the state of Arizona, absent the Company's prior written approval upon instructions of its Board of Directors provided, however, that anything above to the contrary notwithstanding, Executive may own, as a passive investor, securities of any publicly traded competitor corporation, so long as Executive's direct and indirect holdings in any one such corporation shall in the aggregate constitute less than 5% of the voting stock of such corporation. (b) Executive agrees that for a period of two (2) years following the termination of his employment under this Agreement either: (i) by the Company with Cause; or (ii) by Executive (other than pursuant to Section 13(e) below), Executive shall not, either for himself or on behalf of any other person or entity, entice, induce or encourage any employee, consultant or contractor of the Company or any of its affiliates to terminate his or her employment, or to terminate his, her or its services with the Company or its affiliates, or to accept employment with another person or entity. (c) Executive agrees and acknowledges that the time limitation on the restriction in this Section 12, combined with the geographic scope, is reasonable. Executive also acknowledges and agrees that this Section 12 is reasonably necessary for the protection of the Company's confidential information, and that through his employment with the Company, executive shall receive adequate consideration for any loss of opportunity associated with the provision herein, and these provisions provide a reasonable way of protecting the Company's business value which will be imparted to Executive. If any restriction set forth in this Section 12 is found by any court of competent jurisdiction to be unenforceable because it extends for too long a period of time, or over too great a range of activities, or in too broad a geographic area, it shall be interpreted to extend only over the maximum period of time, range of activities or geographic area as to which it may be enforceable. (d) Executive acknowledges and agrees that his breach of any of the provisions of Sections 10, 11 and 12 of this Agreement would result in great, irreparable and continuing harm and damage to the Company for which there would be no adequate remedy at law. Accordingly, Employee agrees that, in the event of such a breach, the Company shall be entitled, in its sole discretion, to seek from any court of competent jurisdiction, preliminary and permanent injunctive relief to enforce those sections of this Agreement, in addition to any and all other remedies that may be available to it at law or equity.

Post-Employment Activities. (a) Executive agrees that for a period of two (2) years following the termination of his employment under this Agreement either: (i) by the Company with Cause; or (ii) by Executive (other than pursuant to Section 13(e) below), Executive will not directly or indirectly engage in (whether as an employee, consultant, proprietor, shareholder, partner, director, or otherwise), or have any ownership interest in, or participate in the financing, operation, management or control of any person, firm, corporation or business that engages in the commercial aircraft maintenance business anywhere within the state of Arizona, absent the Company's prior written approval upon instructions of its Board of Directors provided, provide~ however, that anything above to the contrary notwithstanding, Executive may own, as a passive investor, securities of any publicly traded competitor corporation, so long as Executive's direct and indirect holdings in any one such corporation shall in the aggregate constitute less than 5% of the voting stock of such corporation. (b) Executive agrees that for a period of two (2) years following the termination of his employment under this Agreement either: (i) by the Company with Cause; or (ii) by Executive (other than pursuant to Section 13(e) below), Executive shall not, either for himself or on behalf of any other person or entity, entice, induce or encourage any employee, consultant or contractor of the Company or any of its affiliates to terminate his or her employment, or to terminate his, her or its services with the Company or its affiliates, or to accept employment with another person or entity. (c) Executive agrees and acknowledges that the time limitation on the restriction in this Section 12, combined with the geographic scope, is reasonable. Executive also acknowledges and agrees that this Section 12 is reasonably necessary for the protection of the Company's confidential information, and that through his employment with the Company, executive shall receive adequate consideration for any loss of opportunity associated with the provision herein, and these provisions provide a reasonable way of protecting the Company's business value which will be imparted to Executive. If any restriction set forth in this Section 12 is found by any court of competent jurisdiction to be unenforceable because it extends for too long a period of time, or over too great a range of activities, or in too broad a geographic area, it shall be interpreted to extend only over the maximum period of time, range of activities or geographic area as to which it may be enforceable. (d) Executive acknowledges and agrees that his breach of any of the provisions of Sections 10, 11 and 12 of this Agreement would result in great, irreparable and continuing harm and damage to the Company for which there would be no adequate remedy at law. Accordingly, Employee agrees that, in the event of such a breach, the Company shall be entitled, in its sole discretion, to seek from any court of competent jurisdiction, preliminary and permanent injunctive relief to enforce those sections of this Agreement, in addition to any and all other remedies that may be available to it at law or equity.

Post-Employment Activities. (a) Executive agrees that for a period of two (2) years following the termination of his employment under this Agreement either: (i) by the Company with Cause; or (ii) by Executive (other than pursuant to Section 13(e) below), Executive will not directly or indirectly engage in (whether as an employee, consultant, proprietor, shareholder, partner, director, or otherwise), or have any ownership interest in, or participate in the financing, operation, management or control of any person, firm, corporation or business that engages in the commercial aircraft maintenance business anywhere within the state of Arizona, absent the Company's prior written approval upon instructions of its Board of Directors provided, however, that anything above to the contrary notwithstanding, Executive may own, as a passive investor, securities of any publicly traded competitor corporation, so long as Executive's direct and indirect holdings in any one such corporation shall in the aggregate constitute less than 5% of the voting stock of such corporation. (b) Executive agrees that for a period of two (2) years following the termination of his employment under this Agreement either: (i) by the Company with Cause; or (ii) by Executive (other than pursuant to Section 13(e) below), Executive shall not, either for himself or on behalf of any other person or entity, entice, induce or encourage any employee, consultant or contractor of the Company or any of its affiliates to terminate his or her employment, or to terminate his, her or its services with the Company or its affiliates, or to accept employment with another person or entity. (c) Executive agrees and acknowledges that the time limitation on the restriction in this Section 12, combined with the geographic scope, is reasonable. Executive also acknowledges and agrees that this Section 12 is reasonably necessary for the protection of the Company's confidential information, and that through his employment with the Company, executive shall receive adequate consideration for any loss of opportunity associated with the provision herein, and these provisions provide a reasonable way of protecting the Company's business value which will be imparted to Executive. If any restriction set forth in this Section 12 is found by any court of competent jurisdiction to be unenforceable because it extends for too long a period of time, or over too great a range of activities, or in too broad a geographic area, it shall be interpreted to extend only over the maximum period of time, range of activities or geographic area as to which it may be enforceable... (d) Executive acknowledges and agrees that his breach of any of the provisions of Sections 10, 11 and 12 of this Agreement would result in great, irreparable and continuing harm and damage to the Company for which there would be no adequate remedy at law. Accordingly, Employee agrees that, in the event of such a breach, the Company shall be entitled, in its sole discretion, to seek from any court of competent jurisdiction, preliminary and permanent injunctive relief to enforce those sections of this Agreement, in addition to any and all other remedies that may be available to it at law or equity.