Restricted Covenants. 6.1 The Supplier shall not, during the term of this Agreement or any extensions thereof, either directly or indirectly, whether by itself or through or in conjunction with any other party or howsoever otherwise:
Restricted Covenants. (A) Executive recognizes and acknowledges that the Company, through the expenditure of considerable time and money, has developed and will continue to develop in the future, information concerning customers, clients, marketing, business and operational methods of the Company and its customers or clients, contracts, financial or other data, technical data or any other confidential or proprietary information possessed, owned or used by the Company, and that the same are confidential and proprietary, and are "confidential information" of the Company. In consideration of his employment by the Company hereunder, Executive agrees that he will not, without the consent of the Board, make any disclosure of confidential information now or hereafter possessed by the Company to any person, partnership, corporation or entity either during or after the term hereunder, except to employees of the Company or its subsidiaries or affiliates, as may be necessary in the regular course of the Company's business and except as may be required pursuant to any court order, judgment or decision from any court of competent jurisdiction. The foregoing shall not apply to information which is in the public domain on the date hereof; which, after it is disclosed to Executive by the Company is published or becomes part of the public domain through no fault of Executive; which is known to Executive prior to disclosure thereof to him by the Company as evidenced by his written records; or, after Executive is no longer employed by the Company, which is thereafter disclosed to Executive in good faith by a third party who was not under any obligation of confidence or secrecy to the Company with respect to such information at the time of disclosure to him. The provisions of this Section shall continue in full force and effect notwithstanding any termination of Executive's employment under this Agreement for a period of six (6) months following said termination of employment.
Restricted Covenants. The provisions of Section 6 of this Agreement (including without limitation the defined terms used therein) represent the entire understanding of the parties with respect to the subject matter set forth in Section 6. For the avoidance of doubt, the parties acknowledge and agree that the provisions of Section 6 shall supersede any similar provisions contained in that certain Amended and Restated Limited Liability Company Agreement of HEI Acquisition, LLC (the “LLC Agreement”) with respect to the subject matter of Section 6.
Restricted Covenants. As partial consideration for the Company entering into this Agreement, the Consultant agrees that at all times during the Term of this Agreement and continuing for a period of twelve (12) months following the expiration or termination of the Consultant’s engagement under this Agreement for any reason (the “Restricted Period”), the Consultant shall not, directly or indirectly, without the prior written consent of the Company, any place in the world: (A) engage or participate, directly or indirectly, as an owner, partner, shareholder (except as the holder of not more than five percent (5%) of the outstanding stock of a publicly-traded company), member, adviser, consultant, employee sales representative, officer, director, agent or otherwise, in any Competitive Business (as defined below); (B) without limiting the generality of the foregoing, solicit any customer of the Company to purchase from any source other than the Company any product or service which is distributed, sold or provided by the Company during the term of Consultant’s engagement or as of the date of termination or expiration of the Consultant’s engagement or otherwise interfere with any relationship between the Company and any customer or former customer of the Company; (C) solicit any employee, consultant or advisor to the Company to leave the employ of or cease consulting or advising for the Company or solicit or request any employee of or consultant or advisor to the Company to join the employ of, or begin consulting or advising for any individual or entity which directly or indirectly competes with the Company and (D) without limiting the generality of any of the herein clauses, solicit any supplier, distributor, manufacturer, licensor, or licensee of the Company to cease doing any business with, or to limit or alter its business relationship with, the Company. As used herein, a “Competitive Business” shall mean a business which is directly or indirectly competitive with the business of the Company as conducted at the time of the expiration or termination of Consultant’s engagement or the expiration or termination of this Agreement.
Restricted Covenants. 8.1 The Service Provider shall not, during the term of this Agreement or any extensions thereof, either directly or indirectly, whether by himself or through or in conjunction with any other party or howsoever otherwise:-
Restricted Covenants. For purposes of this Section 3, the term “Company” shall include, in addition to the Company, its affiliates, subsidiaries and any of their respective predecessors, successors and assigns.
Restricted Covenants. In consideration of the grant of the Option under this Option and as a condition to the receipt of the Option pursuant to this Option, the Optionee agrees that:
Restricted Covenants. (a) Colony Capital and Barrack hereby agree that (a) Sections 2, 3 and 4 of the Restrictive Covenant Agreement (and the defined terms solely used therein) shall terminate and no longer be effective as of April 1, 2021 and (b) the remaining provisions of the Restrictive Covenant Agreement shall survive the termination of Barrack’s employment with Colony Capital in accordance with their respective terms; provided, that, (i) for purposes of clarification, Company Materials (as defined in the Restrictive Covenant Agreement) do not include any Materials (as defined in the Restrictive Covenant Agreement) that Barrack makes or conceives, solely or jointly, after April 1, 2021 and (ii) Section 8 of the Restrictive Covenant Agreement shall survive only with respect to Sections 5 through 7 thereunder except both Colony Capital and Barrack shall be entitled to seek injunctive relief pursuant to such Section with respect to a breach of threatened breach of Section 6 of the Restrictive Covenant Agreement.
Restricted Covenants. Optionee covenants and agrees that while employed by the Company or any Subsidiary and for one (1) year following termination of Optionee’s employment (whether initiated by Optionee or the Company) (the “Non-Compete Period”), Optionee shall not:
Restricted Covenants a. For a period of one year after Employee’s last day of employment with Company, Employee agrees that he shall not directly or indirectly solicit or attempt to solicit from Company or its related entities, or knowingly employ, retain or use the services of any employee or independent contractor who was employed or contracted by Company or its related entities during Employee’s employment with Company.
