Common use of Promise Not to Engage In Certain Activities Clause in Contracts

Promise Not to Engage In Certain Activities. You agree that during the Restricted Period, you will not, without the prior written consent of Catalina, accept any employment; provide any services, advice or information; assist or engage in any activity (as an employee, consultant or in any other capacity, whether paid or unpaid) with; or own any part of or become involved in a joint venture with, any entity or individual in the business, directly or indirectly, for profit or not, which engages in an activity which is in competition with Catalina or any member of the Group. For the purposes hereof, competition shall be determined by referring to the nature of the Group’s business or prospective business as specified in Catalina’s most current SEC filings and employee distributed press releases (collectively, “Competing Businesses”). The parties agree that, based on the foregoing but subject to the balance of this paragraph, Competing Businesses are limited to those described in Schedule 1 hereto as amended from time to time as herein provided. The Board of Directors of Catalina, no more frequently than every 24 months, may make a good faith determination that additional entities constitute Competing Businesses. Catalina promptly shall notify you of any such determination and the identity of such additional entities. Thirty (30) days thereafter, unless you notify Catalina of your objection, such entities shall be added to Schedule 1. If you object to the addition of any entity to Schedule 1, this Agreement and the Change of Control Agreement shall terminate upon the date of your notice to Catalina except that your covenants under this Section 4 shall survive (as they existed prior to the addition of such entity), together with any other provisions of this Agreement necessary to interpret or enforce this Section 4. Because Catalina’s services and customer base are nationwide in scope, this paragraph’s restrictions apply to any state of the United States, or has active plans to do, business on the date of termination. To assure compliance with this provision during the Restricted Period, you agree to inform the Chief Executive Officer of Catalina at least two weeks before you begin any business affiliation, employment or consulting engagement with any entity listed or described on Schedule 1 as amended from time to time.

Promise Not to Engage In Certain Activities. You agree that during the Restricted Period, you will not, without the prior written consent of Catalina, accept any employment; provide any services, advice or information; assist or engage in any activity (as an employee, consultant or in any other capacity, whether paid or unpaid) with; or own any part of or become involved in a joint venture with, any entity or individual in the business, directly or indirectly, for profit or not, which engages in an activity which is in competition with Catalina or any member of the Group. For the purposes hereof, competition shall be determined by referring to the nature of the Group’s business or prospective business as specified in Catalina’s most current SEC filings and employee distributed press releases (collectively, “Competing Businesses”). The parties agree that, based on the foregoing but subject to the balance of this paragraph, Competing Businesses are limited to those described in Schedule 1 hereto as amended from time to time as herein provided. The Board of Directors of Catalina, no more frequently than every 24 months, may make a good faith determination that additional entities constitute Competing Businesses. Catalina promptly shall notify you of any such determination and the identity of such additional entities. Thirty (30) days thereafter, unless you notify Catalina of your objection, such entities shall be added to Schedule 1. If you object to the addition of any entity to Schedule 1, this Agreement and the Change of Control Agreement shall terminate upon the date of your notice to Catalina except that your covenants under this Section 4 shall survive (as they existed prior to the addition of such entity), together with any other provisions of this Agreement necessary to interpret or enforce this Section 4. Because Catalina’s services and customer base are nationwide in scopescope and are being expanded outside the United States, this paragraph’s restrictions apply to any state of the United StatesStates and any other country throughout the world in which Catalina is doing, or has active plans to do, business on the date of termination. To assure compliance with this provision during the Restricted Period, you agree to inform the Chief Executive Officer of Catalina at least two weeks before you begin any business affiliation, employment or consulting engagement with any entity listed or described on Schedule 1 as amended from time to time.

Promise Not to Engage In Certain Activities. You agree that during the Restricted Period, you will not, without the prior written consent of Catalina, accept any employment; provide any services, advice or information; assist or engage in any activity (as an employee, consultant or in any other capacity, whether paid or unpaid) with; or own any part of or become involved in a joint venture with, any entity or individual in the business, directly or indirectly, for profit or not, which engages in an activity which is in competition with Catalina or any member of the Group. For the purposes hereof, competition shall be determined by referring to the nature of the Group’s business or prospective business as specified in Catalina’s most current SEC filings and employee distributed press releases (collectively, “Competing Businesses”). The parties agree that, based on the foregoing but subject to the balance of this paragraph, Competing Businesses are limited to those described in Schedule 1 hereto as amended from time to time as herein provided. The Board of Directors of Catalina, no more frequently than every 24 months, may make a good faith determination that additional entities constitute Competing Businesses. Catalina promptly shall notify you of any such determination and the identity of such additional entities. Thirty (30) days thereafter, unless you notify Catalina of your objection, such entities shall be added to Schedule 1. If you object to the addition of any entity to Schedule 1, this Agreement and the Change of Control Agreement shall terminate upon the date of your notice to Catalina except that your covenants under this Section 4 shall survive (as they existed prior to the addition of such entity), together with any other provisions of this Agreement necessary to interpret or enforce this Section 4. Because Catalina’s 's services and customer base are nationwide in scopescope and are being expanded outside the United States, this paragraph’s 's restrictions apply to any state of the United StatesStates and any other country throughout the world in which Catalina is doing, or has active plans to do, business on the date of termination. To assure compliance with this provision during the Restricted Period, you agree to inform the Chief Executive Officer of Catalina at least two weeks before you begin any business affiliation, employment or consulting engagement with any entity listed or described on Schedule 1 as amended from time to time.