Common use of Promise To Refrain From Competing Clause in Contracts

Promise To Refrain From Competing. Executive understands Company’s need for Executive’s promise not to compete with Company is based on the following: (a) Company has expended, and will continue to expend, substantial time, money and effort in developing its proprietary information; (b) Executive will in the course of Executive’s employment develop, be personally entrusted with and exposed to such proprietary information; (c) both during and after the term of Executive’s employment, Company will be engaged in the highly competitive casual dining industry; (d) Company provides services nationally and may provide services internationally in the future; and (e) Company will suffer great loss and irreparable harm if Executive were to enter into competition with Company. Therefore, in exchange for the consideration described in subsection 9.1 above, Executive agrees that for the period equal to the greater of the remainder of the current term under this Agreement or one (1) year following the date Executive ceases to render services to Company (the “Covenant Period”), Executive will not either directly or indirectly, whether as a owner, director, officer, manager, consultant, agent or employee: (i) work for a competitor, which is defined to include any company in the business of preparation and distribution of Chinese food or other Asian food concepts existing during the Covenant Period, within a one hundred (100) mile radius of any X.X. Xxxxx’x China Bistro or Xxx Xxx Asian Diner or any planned location of such restaurants (“Restricted Business”); or (ii) make or hold any investment in any Restricted Business in the United States, whether such investment be by way of loan, purchase of stock or otherwise, provided that there shall be excluded from the foregoing the ownership of not more than 5% of the listed or traded stock of any publicly held corporation. For purposes of this section 9, the term “Company” shall mean and include Company, any subsidiary or affiliate of Company, any successor to the business of Company (by merger, consolidation, sale of assets or stock or otherwise) and any other corporation or entity of which Executive may serve as a director, officer or employee at the request of Company or any successor of Company.

Promise To Refrain From Competing. Executive understands Company’s need for Executive’s promise not to compete with Company is based on the following: (a) Company has expended, and will continue to expend, substantial time, money and effort in developing its proprietary information; (b) Executive will in the course of Executive’s employment develop, be personally entrusted with and exposed to such Company’s proprietary information; (c) both during and after the term of Executive’s employment, Company will be engaged in the highly competitive casual dining retail supply chain software industry; (d) Company provides products and services nationally and may provide services internationally in the futureinternationally; and (e) Company will suffer great loss and irreparable harm if Executive were to enter into competition with Company. Therefore, in exchange for the consideration described in subsection 9.1 Section 12.1 above, Executive agrees that for the period equal to the greater of the remainder of the current term under this Agreement or one twelve (112) year months following the date Executive ceases to render services to Company (the “Covenant Period”), Executive will not either directly or indirectly, whether as a an owner, director, officer, manager, consultant, agent or employee: (i) work for a competitorcompetitor of Company, which is defined to include any company those entities or persons in the business of preparation developing, marketing, selling and distribution supporting software designed for businesses in the retail and consumer packaged goods markets or in the business of Chinese food or other Asian food concepts existing during helping companies synchronize their inventory decisions with advanced supply chain, inventory management and data mining solutions, in any country in which Company does business (the Covenant Period, within a one hundred (100) mile radius of any X.X. Xxxxx’x China Bistro or Xxx Xxx Asian Diner or any planned location of such restaurants (“Restricted Business”); ) or (ii) make or hold during the Covenant Period any investment in any Restricted Business in the United StatesBusiness, whether such investment be by way of loan, purchase of stock or otherwise, provided that there shall be excluded from the foregoing the ownership of not more than 51% of the listed or traded stock of any publicly held corporation. For purposes of this section 9Section 12, the term “Company” shall mean and include Company, any subsidiary or affiliate of Company, any successor to the business of Company (by merger, consolidation, sale of assets or stock or otherwise) and any other corporation or entity of which Executive may serve as a director, officer or employee at the request of Company or any successor of Company.

Promise To Refrain From Competing. Executive understands Company’s need for Executive’s promise not to compete with Company is based on the following: (a) Company has expended, and will continue to expend, substantial time, money and effort in developing its proprietary information; (b) Executive will in the course of Executive’s employment develop, be personally entrusted with and exposed to such Company’s proprietary information; (c) both during and after the term of Executive’s employment, Company will be engaged in the highly competitive casual dining retail demand chain software industry; (d) Company provides products and services nationally and may provide services internationally in the futureinternationally; and (e) Company will suffer great loss and irreparable harm if Executive were to enter into competition with Company. Therefore, in exchange for the consideration described in subsection Section 9.1 above, Executive agrees that for the period equal to the greater of the remainder of the current term under this Agreement or one nine (19) year months following the date Executive ceases to render services to Company (the “Covenant Period”), Executive will not either directly or indirectly, whether as a an owner, director, officer, manager, consultant, agent or employee: (i) work for a competitorcompetitor of Company, which is defined to include any company those entities or persons in the business of preparation developing, marketing, selling and distribution supporting software designed for businesses in the retail and consumer packaged goods markets or in the business of Chinese food or other Asian food concepts existing during helping companies synchronize their inventory decisions with advanced supply chain, inventory management and data mining solutions, in any country in which Company does business (the Covenant Period, within a one hundred (100) mile radius of any X.X. Xxxxx’x China Bistro or Xxx Xxx Asian Diner or any planned location of such restaurants (“Restricted Business”); ) or (ii) make or hold during the Covenant Period any investment in any Restricted Business in the United StatesBusiness, whether such investment be by way of loan, purchase of stock or otherwise, provided that there shall be excluded from the foregoing the ownership of not more than 51% of the listed or traded stock of any publicly held corporation. For purposes of this section Section 9, the term “Company” shall mean and include Company, any subsidiary or affiliate of Company, any successor to the business of Company (by merger, consolidation, sale of assets or stock or otherwise) and any other corporation or entity of which Executive may serve as a director, officer or employee at the request of Company or any successor of Company.

Promise To Refrain From Competing. Executive understands Company’s need for Executive’s promise not to compete with Company is based on the following: (a) Company has expended, and will continue to expend, substantial time, money and effort in developing its proprietary information; (b) Executive will in the course of Executive’s employment develop, be personally entrusted with and exposed to such Company’s proprietary information; (c) both during and after the term of Executive’s employment, Company will be engaged in the highly competitive casual dining retail demand chain software industry; (d) Company provides products and services nationally and may provide services internationally in the futureinternationally; and (e) Company will suffer great loss and irreparable harm if Executive were to enter into competition with Company. Therefore, in exchange for the consideration described in subsection Section 9.1 above, Executive agrees that for the period equal to the greater of the remainder of the current term under this Agreement or one nine (19) year months following the date Executive ceases to render services to Company (the “Covenant Period”), Executive will not either directly or indirectly, whether as a an owner, director, officer, manager, consultant, agent or employee: (i) work for a competitorcompetitor of Company, which is defined to include any company those entities or persons in the business of preparation developing, marketing, selling and distribution of Chinese food or other Asian food concepts existing during supporting software specifically designed for businesses in the Covenant Period, within a one hundred retail and consumer packaged goods markets in any country in which Company does business (100) mile radius of any X.X. Xxxxx’x China Bistro or Xxx Xxx Asian Diner or any planned location of such restaurants (the “Restricted Business”); ) or (ii) make or hold during the Covenant Period any investment in any Restricted Business in the United StatesBusiness, whether such investment be by way of loan, purchase of stock or otherwise, provided that there shall be excluded from the foregoing the ownership of not more than 51% of the listed or traded stock of any publicly held corporation. For purposes of this section Section 9, the term “Company” shall mean and include Company, any subsidiary or affiliate of Company, any successor to the business of Company (by merger, consolidation, sale of assets or stock or otherwise) and any other corporation or entity of which Executive may serve as a director, officer or employee at the request of Company or any successor of Company. For the avoidance of doubt, Restricted Business shall not include a company that develops, markets, sells or supports software that applies to a variety of vertical markets (“Cross Vertical Solutions”) where the company may have customized its Cross Vertical Solutions for the retail and consumer packaged goods markets, but does not have software that is primarily targeted to the retail and consumer packaged goods markets.

Promise To Refrain From Competing. Executive understands Company’s 's need for Executive’s 's promise not to compete with Company is based on the following: (a) Company has expended, and will continue to expend, substantial time, money and effort in developing its proprietary information; (b) Executive will in the course of Executive’s 's employment develop, be personally entrusted with and exposed to such Company's proprietary information; (c) both during and after the term of Executive’s 's employment, Company will be engaged in the highly competitive casual dining retail demand chain software industry; (d) Company provides products and services nationally and may provide services internationally in the futureinternationally; and (e) Company will suffer great loss and irreparable harm if Executive were to enter into competition with Company. Therefore, in exchange for the consideration described in subsection Section 9.1 above, Executive agrees that for the period equal to the greater of the remainder of the current term under this Agreement or one nine (19) year months following the date Executive ceases to render services to Company (the “Covenant Period”), Executive will not either directly or indirectly, whether as a an owner, director, officer, manager, consultant, agent or employee: (i) work for a competitorcompetitor of Company, which is defined to include any company those entities or persons in the business of preparation developing, marketing, selling and distribution supporting software designed for businesses in the retail and consumer packaged goods markets or in the business of Chinese food or other Asian food concepts existing during helping companies synchronize their inventory decisions with advanced supply chain, inventory management and data mining solutions, in any country in which Company does business (the Covenant Period, within a one hundred (100) mile radius of any X.X. Xxxxx’x China Bistro or Xxx Xxx Asian Diner or any planned location of such restaurants (“Restricted Business”); ) or (ii) make or hold during the Covenant Period any investment in any Restricted Business in the United StatesBusiness, whether such investment be by way of loan, purchase of stock or otherwise, provided that there shall be excluded from the foregoing the ownership of not more than 51% of the listed or traded stock of any publicly held corporation. For purposes of this section Section 9, the term “Company” shall mean and include Company, any subsidiary or affiliate of Company, any successor to the business of Company (by merger, consolidation, sale of assets or stock or otherwise) and any other corporation or entity of which Executive may serve as a director, officer or employee at the request of Company or any successor of Company.

Promise To Refrain From Competing. Executive understands Company’s 's need for Executive’s 's promise not to compete with Company is based on the following: (a) Company has expended, and will continue to expend, substantial time, money and effort in developing its proprietary information; (b) Executive will in the course of Executive’s 's employment develop, be personally entrusted with and exposed to such Company's proprietary information; (c) both during and after the term of Executive’s 's employment, Company will be engaged in the highly competitive casual dining enterprise software industry; (d) Company provides products and services nationally and may provide services internationally in the futureinternationally; and (e) Company will suffer great loss and irreparable harm if Executive were to enter into competition with Company. Therefore, in exchange for the consideration described in subsection Section 9.1 above, Executive agrees that for the period equal to the greater of the remainder of the current term under this Agreement or one three (13) year years following the date Executive ceases to render services to Company (the “Covenant Period”"COVENANT PERIOD"), Executive will not either directly or indirectly, whether as a an owner, director, officer, manager, consultant, agent or employee: (i) work for a competitorcompetitor of Company, which is defined to include any company those entities or persons in the business of preparation developing, marketing, selling and distribution supporting software designed for businesses in the retail and consumer packaged goods markets or in the business of Chinese food or other Asian food concepts existing during helping companies synchronize their inventory decisions with advanced supply chain, inventory management and data mining solutions, in any country in which Company does business (the Covenant Period, within a one hundred (100) mile radius of any X.X. Xxxxx’x China Bistro or Xxx Xxx Asian Diner or any planned location of such restaurants (“Restricted Business”"RESTRICTED BUSINESS"); or (ii) make or hold any investment in any Restricted Business in the United StatesBusiness, whether such investment be by way of loan, purchase of stock or otherwise, provided that there shall be excluded from the foregoing the ownership of not more than 5% of the listed or traded stock of any publicly held corporation. For purposes of this section Section 9, the term “Company” "COMPANY" shall mean and include Company, any subsidiary or affiliate of Company, any successor to the business of Company (by merger, consolidation, sale of assets or stock or otherwise) and any other corporation or entity of which Executive may serve as a director, officer or employee at the request of Company or any successor of Company.

Promise To Refrain From Competing. Executive understands Company’s need for Executive’s promise not to compete with Company is based on the following: (a) Company has expended, and will continue to expend, substantial time, money and effort in developing its proprietary information; (b) Executive will in the course of Executive’s employment develop, be personally entrusted with and exposed to such proprietary information; (c) both during and after the term of Executive’s employment, Company will be engaged in the highly competitive casual dining industry; (d) Company provides services nationally and may provide services internationally in the future; and (e) Company will suffer great loss and irreparable harm if Executive were to enter into competition with Company. Therefore, in exchange for the consideration described in subsection 9.1 above, Executive agrees that for the period equal to the greater of the remainder of the current term under this Agreement or one (1) year following the date Executive ceases to render services to Company (the “Covenant Period”), Executive will not either directly or indirectly, whether as a owner, director, officer, manager, consultant, agent or employee: (i) work for a competitor, which is defined to include any company in the business of preparation and distribution of Chinese food or other Asian food concepts existing during the Covenant Period, within a one hundred (100) mile radius of any X.X. P.X. Xxxxx’x China Bistro or Xxx Pxx Xxx Asian Diner or any planned location of such restaurants (“Restricted Business”); or (ii) make or hold any investment in any Restricted Business in the United States, whether such investment be by way of loan, purchase of stock or otherwise, provided that there shall be excluded from the foregoing the ownership of not more than 5% of the listed or traded stock of any publicly held corporation. For purposes of this section 9, the term “Company” shall mean and include Company, any subsidiary or affiliate of Company, any successor to the business of Company (by merger, consolidation, sale of assets or stock or otherwise) and any other corporation or entity of which Executive may serve as a director, officer or employee at the request of Company or any successor of Company.

Promise To Refrain From Competing. Executive understands Company’s 's need for Executive’s 's promise not to compete with Company is based on the following: (a) Company has expended, and will continue to expend, substantial time, money and effort in developing its proprietary information; (b) Executive will will, in the course of Executive’s employment 's employment, develop, and be personally entrusted with and exposed to such proprietary information; (c) both during and after the term of Executive’s 's employment, Company will be engaged in the highly competitive casual dining industry; (d) Company provides services nationally and may provide services internationally in the future; and (e) Company will suffer great loss and irreparable harm if Executive were to enter into competition with Company. Therefore, in exchange for the consideration con- sideration described in subsection 9.1 Sections 3 and 4 above, Executive agrees that for a period commencing on the period equal to Effective Date and ending eighteen (18) months after termination of Executive's employment with the greater of the remainder of the current term under this Agreement or one (1) year following the date Executive ceases to render services to Company (the “"Covenant Period”"), Executive will not either directly or indirectly, whether as a owner, director, officer, manager, consultant, agent or employeeExecutive: (i) work for a competitor, which is defined to include any company in the business of preparation and distribution of Chinese food Contemporary American or other Asian food Pacific Island restaurant concepts similar to the Company and featuring a Sushi Bar existing during the Covenant Period, within a one hundred twenty five (10025) mile radius of any X.X. Xxxxx’x China Bistro or Xxx Xxx Asian Diner Kona Grill or any planned location of such restaurants (“"Restricted Business”"); or (ii) make or hold any investment in any Restricted Business in the United States, whether such investment be by way of loan, purchase of stock or otherwise, provided that there shall be excluded from the foregoing the ownership of not more than 5% of the listed or traded stock of any publicly held corporation. For purposes of this section 9Section 8, the term “"Company” " shall mean and include Company, any subsidiary or affiliate of Company, any successor to the business of Company (by merger, consolidation, sale of assets or stock or otherwise) and any other corporation or entity of which Executive may serve as a director, officer or employee Executive at the request of Company or any successor of Company.

Promise To Refrain From Competing. Executive understands Company’s 's need for Executive’s 's promise not to compete with Company is based on the following: (a) Company has expended, and will continue to expend, substantial time, money and effort in developing its proprietary information; (b) Executive will in the course of Executive’s 's employment develop, be personally entrusted with and exposed to such proprietary information; (c) both during and after the term of Executive’s 's employment, Company will be engaged in the highly competitive casual dining industry; (d) Company provides services nationally and may provide services internationally in the future; and (e) Company will suffer great loss and irreparable harm if Executive were to enter into competition with Company. Therefore, in exchange for the consideration described in subsection 9.1 above, Executive agrees that for the period equal to the greater of the remainder of the current term under this Agreement or one (1) year following the date Executive ceases to render services to Company (the “Covenant Period”), Executive will not either directly or indirectly, whether as a owner, director, officer, manager, consultant, agent or employee: (i) work for a competitor, which is defined to include any company in the business of preparation and distribution of Chinese food or other Asian food concepts existing during the Covenant Period, within a one hundred (100) mile radius of any X.X. Xxxxx’x Xxxxx'x China Bistro or Xxx Xxx Asian Diner or any planned location of such restaurants (“Restricted Business”); or (ii) make or hold any investment in any Restricted Business in the United States, whether such investment be by way of loan, purchase of stock or otherwise, provided that there shall be excluded from the foregoing the ownership of not more than 5% of the listed or traded stock of any publicly held corporation. For purposes of this section 9, the term “Company” shall mean and include Company, any subsidiary or affiliate of Company, any successor to the business of Company (by merger, consolidation, sale of assets or stock or otherwise) and any other corporation or entity of which Executive may serve as a director, officer or employee at the request of Company or any successor of Company.

Promise To Refrain From Competing. Executive understands Company’s need for Executive’s promise not to compete with Company is based on the following: (a) Company has expended, and will continue to expend, substantial time, money and effort in developing its proprietary information; (b) Executive will in the course of Executive’s employment develop, be personally entrusted with and exposed to such proprietary information; (c) both during and after the term of Executive’s employment, Company will be engaged in the highly competitive casual dining industry; (d) Company provides services nationally and may provide services internationally in the future; and (e) Company will suffer great loss and irreparable harm if Executive were to enter into competition with Company. Therefore, in exchange for the consideration described in subsection 9.1 10.1 above, Executive agrees that for the period equal to the greater of the remainder of the current term under this Agreement or one (1) year following the date Executive ceases to render services to Company (the “Covenant Period”), Executive will not either directly or indirectly, whether as a owner, director, officer, manager, consultant, agent or employee: (i) work for a competitor, which is defined to include any company in the business of preparation and distribution of Chinese food or other Asian food concepts existing during the Covenant Period, within a one hundred (100) mile radius of any X.X. P.X. Xxxxx’x China Bistro or Xxx Pxx Xxx Asian Diner or any planned location of such restaurants (“Restricted Business”); or (ii) make or hold any investment in any Restricted Business in the United States, whether such investment be by way of loan, purchase of stock or otherwise, provided that there shall be excluded from the foregoing the ownership of not more than 5% of the listed or traded stock of any publicly held corporation. For purposes of this section 910, the term “Company” shall mean and include Company, any subsidiary or affiliate of Company, any successor to the business of Company (by merger, consolidation, sale of assets or stock or otherwise) and any other corporation or entity of which Executive may serve as a director, officer or employee at the request of Company or any successor of Company.

Promise To Refrain From Competing. Executive understands Company’s 's need for Executive’s 's promise not to compete with Company is based on the following: (a) Company has expended, and will continue to expend, substantial time, money and effort in developing its proprietary information; (b) Executive will in the course of Executive’s 's employment develop, be personally entrusted with and exposed to such proprietary information; (c) both during and after the term of Executive’s 's employment, Company will be engaged in the highly competitive casual dining industry; (d) Company provides services nationally and may provide services internationally in the future; and (e) Company will suffer great loss and irreparable harm if Executive were to enter into competition with Company. Therefore, in exchange for the consideration described in subsection 9.1 10.1 above, Executive agrees that for the period equal to the greater of the remainder of the current term under this Agreement or one (1) year following the date Executive ceases to render services to Company (the “"Covenant Period”"), Executive will not either directly or indirectly, whether as a owner, director, officer, manager, consultant, agent or employee: (i) work for a competitor, which is defined to include any company in the business of preparation and distribution of Chinese food or other Asian food concepts existing during the Covenant Period, within a one hundred (100) mile radius of any X.X. Xxxxx’x P.F. Chang's China Bistro or Xxx Xxx Pei Wei Asian Diner or any planned location of such locaxxxx xx xxxx restaurants (“Restricted "Rexxxxxxxd Business”"); or (ii) make or hold any investment in any Restricted Business in the United States, whether such investment be by way of loan, purchase of stock or otherwise, provided that there shall be excluded from the foregoing the ownership of not more than 5% of the listed or traded stock of any publicly held corporation. For purposes of this section 910, the term “"Company” " shall mean and include Company, any subsidiary or affiliate of Company, any successor to the business of Company (by merger, consolidation, sale of assets or stock or otherwise) and any other corporation or entity of which Executive may serve as a director, officer or employee at the request of Company or any successor of Company.