Restriction on Competitive Employment Sample Clauses

Restriction on Competitive Employment. (i) In consideration of the numerous mutual promises contained in this Agreement, including, without limitation, those involving the Confidential Information, compensation, termination and arbitration, and in order to protect the Confidential Information and to reduce the likelihood of irreparable damage that would occur in the event such information is provided to or used by a competitor of the Company, during the Employment Term and, for a period of six months following the Termination Date in the case of a (x) termination by the Company for Cause, (y) a termination due to Disability or (z) a termination by the Executive other than for Good Reason (the "Non-Competition Period"), absent the Company's prior written approval, the Executive shall not, as an owner, part-owner, shareholder, partner, director, trust manager, trustee, principal, agent, employee, consultant, member, contractor or otherwise, within the United States, directly or indirectly engage or participate in activities relating to, or render services to or invest in any firm or business engaged or about to become engaged in, the Business. (ii) Notwithstanding the foregoing, the Executive may make passive investments in an enterprise engaged in the Business, the shares of ownership of which are publicly traded, if the Executive's investment constitutes less than 2% of the total equity of such enterprise. (iii) If, during any period within the Non-Competition Period, the Executive is not in compliance with the terms of this Section 9(b), the Company shall be entitled to, among other remedies, compliance by the Executive with the terms of this Section 9(b) for an additional period equal to the period of such noncompliance. For purposes of this Agreement, the term "Non-Competition Period" shall also include this additional period. The Executive hereby acknowledges that the geographic boundaries, scope of prohibited activities and the time duration of the provisions of this Section 9(b) are reasonable and are no broader than are necessary to protect the legitimate business interests of the Company.
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Restriction on Competitive Employment. The term Business shall mean: (i) the business of the Company and its subsidiaries as described in the Company's most recent Form 10-K; and (ii) any other business in which the Company or any of its subsidiaries is engaged during the Executive's Employment Term. The term Territories shall refer to those metropolitan areas in which the Company owns properties or otherwise is engaged in the Business, including any areas where the Company has specific plans to acquire or develop properties within the following six (6) months following the date of termination or change of control, as applicable, and all outlying areas located within a thirty (30) mile radius of each such metropolitan area. Except as noted in Section 3, Duties, during the Employment Term and the twelve months (12) months following the termination of this Agreement (the "Non-Competition Period"), absent the Company's prior written approval, the Executive shall not, as owner, part-owner, shareholder, partner, director, principal, agent, employee, consultant, or otherwise, within the Territories, directly or indirectly engage or participate in activities relating to, or render services to or invest in any firm or business engaged or about to become engaged in, the Business, provided that the Executive may: (i) engage in the activities as noted in Section 3, Duties; (ii) make passive investments in an enterprise engaged in the Business the shares of ownership of which are publicly traded if the Executive's investment constitutes less than 2% of the total equity of such enterprise.
Sample 1
Restriction on Competitive Employment. Except as noted as in Section 2.f.ii.c), Duties, during the Employment Term and the twelve months (12) months following the termination of this Agreement (the "Non-Competition Period"), absent the Company's prior written approval, the Executive shall not, as owner, part-owner, shareholder, partner, director, principal, agent, employee, consultant, or otherwise, within the Territories, directly or indirectly engage or participate in activities relating to, or render services to or invest in any firm or business engaged or about to become engaged in, the Business, provided that the Executive may: i. engage in the activities as noted in Section 2.f.ii.c), Duties; ii. make passive investments in an enterprise engaged in the Business the shares of ownership of which are publicly traded if the Executive's investment constitutes less than 2% of the total equity of such enterprise.
Sample 1
Restriction on Competitive Employment. For the period of twelve months immediately following termination of employment with Company, the employee shall not engage in any work or other activity whether as an owner, stockholder, partner, officer, consultant, employee involving a product or process or business that is in direct competition with Company, or any successor company without a prior written release from Company.
Sample 1
Restriction on Competitive Employment. Employee shall not (as an individual, principal, agent, employee, consultant or otherwise), directly or indirectly, during the period commencing on the date hereof and ending on the first anniversary of termination of Employee's employment with the Company (whether under this Agreement or otherwise) (the applicable period being the "Non-Competition Period"), absent the Company's prior written approval, engage in activities in the Territory for, on behalf of or relating to, or render services to, or have any equity, ownership or profit participation interest in (other than as a 5% or less holder of the equity securities of a public company), any firm or business engaged or about to become engaged in (i) the Business or (ii) any other business in which the Company or any subsidiary of the Company was engaged during Employee's employment with the Company and as to which Employee had involvement during such employment or obtained Confidential Information.
Sample 1
Restriction on Competitive Employment. (a) Except under the circumstances described in Section 5.3(b) or 5.3(c) below (which Section 5.3(b) or 5.3(c), as applicable, will govern for all purposes), Employee shall not (as an individual, principal, agent, employee, consultant or otherwise), directly or indirectly, during the period commencing on the Effective Date and ending on the later of (x) the first anniversary of termination of Employee's employment with the Company or (y) if applicable, the date the Company is no longer required to make the payments to Employee contemplated by Section 4.7(b) hereof (the applicable period being the "Non-Competition Period"), absent the Company's prior written approval, engage in activities in the Territory for, on behalf of or relating to, or render services to, or have any equity, ownership or profit participation interest in (other than as a 5% or less holder of the equity securities of a public company), any firm or business engaged or about to become engaged in (i) the Business or (ii) any other business in which the Company or any subsidiary of the Company was engaged during Employee's employment with the Company and as to which Employee had involvement during such employment or obtained Confidential Information. (b) In the event of termination of Employee's employment and this Agreement under Section 4.7(b)(i), (ii) or (iii) hereof, Employee agrees that Employee shall not (as an individual, principal, agent, employee, consultant or otherwise), directly or indirectly, during the Non- Competition Period, absent the Company's prior written approval, engage in activities in the Territory for or on behalf of, or render services to, or have any equity, ownership or profit participation interest in (other than as a 5% or less holder of the equity securities of a public company), any of the companies listed on Schedule I or any of their affiliates (as that term is defined in the federal securities laws) (the "Designated Companies"); provided, that in the event Employee desires, at any time after the first anniversary of the effective date of the termination of his employment and this Agreement, to engage in activities on behalf of, or render services to (as an individual, principal, agent, employee, consultant or otherwise), any of the Designated Companies, Employee shall notify the Company of such desire to do so. In such event, effective the date of receipt by the Company of such notification, (i) Employee shall be released from his obligations under this Se...
Sample 1
Restriction on Competitive Employment. Xxxxxxxxxx shall not (as an individual, principal, agent, employee, consultant or otherwise), directly or indirectly, during the period commencing on the date hereof and ending on the third anniversary of the Effective Time (the "Non-Competition Period"), absent the Company's prior written approval, engage in activities in the Territory for, on behalf of or relating to, or render services to, or have any equity, ownership or profit participation interest in (other than as a 5% or less holder of the equity securities of a public company), any firm or business engaged or about to become engaged in (i) the Business or (ii) any other business in which the Company or any Affiliate was engaged during Xxxxxxxxxx'x employment or engagement with the Company and as to which Xxxxxxxxxx had involvement during such employment or engagement or from which he obtained Confidential Information; provided, that notwithstanding the foregoing, (x) Xxxxxxxxxx shall be permitted to provide services in a private clinical setting and (y) nothing in this Agreement shall be construed to (I) prohibit Xxxx Xxxxxxxxxx, Ph.D., Xxxxxxxxxx'x spouse, from continuing to work in the Business, or (II) deem Xxxxxxxxxx to act as an agent for his spouse, or as a principal, agent or consultant to or for his spouse, as a result of their marital status.
Sample 1
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Related to Restriction on Competitive Employment

  • RESTRICTION ON OUTSIDE EMPLOYMENT Unless otherwise specified by the Employer as being in an area that could represent a conflict of interest, employees shall not be restricted in engaging in other employment outside the hours they are required to work for the Employer.

  • Restriction on Competition (a) During the Term and for such period after the Term that Employee continues to be employed by the Company and/or any other entity owned by or affiliated with the Company on an "at will" basis and, thereafter, for a period equal to the longer of (x) one year, or (y) the period during which Employee is receiving any severance pay or other compensation from the Company in accordance with the terms of this Agreement, Employee shall not, directly or indirectly, for himself or on behalf of or in conjunction with any other person, company, partnership, corporation, business, group, or other entity (each, a "Person"): (i) engage, in a competitive capacity, whether as an owner, officer, director, partner, shareholder, joint venturer, employee, independent contractor, consultant, advisor, or sales representative, in any business selling any products or services which were sold by the Company on the date of the termination of Employee's employment, within 50 miles of any location where the Company both has an office and conducts business on the date of the termination of Employee's employment; (ii) call upon any person who is, at that time, a sales, supervisory, or management employee of the Company for the purpose or with the intent of enticing such employee away from or out of the employ of the Company; (iii) call upon any person who or that is, at that time, or has been, within one year prior to that time, a customer of the Company for the purpose of soliciting or selling products or services in direct competition with the Company; or (iv) on Employee's own behalf or on behalf of any competitor, call upon any person who or that, during Employee's employment by the Company was either called upon by the Company as a prospective acquisition candidate with respect to which Employee had actual knowledge or was the subject of an acquisition analysis conducted by the Company with respect to which Employee had actual knowledge. (b) The foregoing covenants shall not be deemed to prohibit Employee from acquiring as an investment not more than two percent (2%) of the capital stock of a competing business, whose stock is traded on a national securities exchange or through the automated quotation system of a registered securities association. (c) It is further agreed that, in the event that Employee shall cease to be employed by the Company and enters into a business or pursues other activities that, on the date of termination of Employee's employment, are not in competition with the Company, Employee shall not be chargeable with a violation of this Section 7 if the Company subsequently enters the same (or a similar) competitive business or activity or commences competitive operations within 50 miles of the Employee's new business or activities. In addition, if Employee has no actual knowledge that his actions violate the terms of this Section 7, Employee shall not be deemed to have breached the restrictive covenants contained herein if, promptly after being notified by the Company of such breach, Employee ceases the prohibited actions. (d) For purposes of this Section 7, references to "Company" shall mean Workflow Management, Inc., together with its subsidiaries and affiliates. For the purposes of this Agreement, "affiliate" shall mean any entity twenty-five percent or more of the stock of which is owned or controlled, directly or indirectly, by the Company or any subsidiary of the Company.

  • Outside Employment Employees may engage in other employment outside of their State working hours so long as the outside employment does not involve a conflict of interest with their State employment. Whenever it appears that any such outside employment might constitute a conflict of interest, the employee is expected to consult with his/her appointing authority or other appropriate agency representative prior to engaging in such outside employment. Employees of agencies where there are established procedures concerning outside employment for the purpose of insuring compliance with specific statutory restrictions on outside employment are expected to comply with such procedures.

  • No Competing Employment The Executive acknowledges that the agreements and covenants contained in this Section 7 are essential to protect the value of the Company’s, or any of its subsidiaries’ or affiliates’, business and assets and by his current employment with the Company and its subsidiaries, the Executive has obtained and will obtain such knowledge, contacts, know-how, training and experience and there is a substantial probability that such knowledge, know-how, contacts, training and experience could be used to the substantial advantage of a competitor of the Company or any of its subsidiaries or affiliates and to the Company’s, or any of its subsidiaries’ or affiliates’, substantial detriment. Therefore, the Executive agrees that for the period commencing on the date of this Agreement and ending on the first anniversary of the termination of the Executive’s employment hereunder (such period is hereinafter referred to as the “Restricted Period”) with respect to any State in which the Company is engaged in business during the Employment Term, the Executive shall not participate or engage, directly or indirectly, for himself or on behalf of or in conjunction with any person, partnership, corporation or other entity, whether as an employee, agent, officer, director, partner or joint venturer, in any business activities if such activity consists of any activity undertaken or expressly contemplated to be undertaken by the Company or any of its subsidiaries or by the Executive at any time during the last three (3) years of the Employment Term. The foregoing restrictions contained in this Section 7(a) shall not prevent the Executive from accepting employment with a large diversified organization with separate and distinct divisions that do not compete, directly or indirectly, with the Company or any of its subsidiaries or affiliates, so long as prior to accepting such employment the Company receives separate written assurances from the prospective employer and from the Executive, satisfactory to the Company, to the effect that the Executive will not render any services, directly or indirectly, to any division or business unit that competes, directly or indirectly, with the Company or any of its subsidiaries or affiliates. During the Restricted Period, the Executive will inform any new employer, prior to accepting employment, of the existence of this Agreement and provide such employer with a copy of this Agreement.

  • Competitive Activity Executive shall be deemed to have engaged in "Competitive Activity" if, during the period commencing on the date hereof and ending on the second anniversary of the date Executive's employment with the Company or its subsidiaries terminates, (i) Executive, for himself or on behalf of any other person, firm, partnership, corporation, or other entity, engages, directly or indirectly, as an executive, agent, representative, consultant, partner, shareholder or holder of any other financial interest, in any business that competes with the Company or its subsidiaries in the line of business Executive is employed in by the Company or its subsidiaries (as applicable), as such business is described in any employment or severance agreement then in effect between Executive and the Company or one of its subsidiaries or, if no such agreement is then in effect, as described on Schedule II attached hereto (a "Competing Business"), it being understood and agreed that Executive's activities shall not satisfy this clause (i) where Executive is employed by a person, firm, partnership, corporation, or other entity engaged in a variety of activities, including the Competing Business, and Executive is not engaged in or responsible for the Competing Business of such entity. Executive may also, without satisfying clause (i) be a passive owner of not more than 2% of the outstanding publicly traded stock of any class of a Competing Business so long as Executive has no active participation in the business of such entity, except to the extent permitted above; or (ii) Executive (A) directly or indirectly through another entity, induces or attempts to induce any employee of the Company or its subsidiaries to leave the employ of the Company or its subsidiaries, or in any way interfere with the relationship between the Company or any of its subsidiaries and any employee thereof, (B) knowingly hires any person who was an employee of the Company or any of its subsidiaries within 180 days prior to the time such employee was hired by Executive, (C) induces or attempts to induce any customer, supplier, licensee or other business relation of the Company or any of its subsidiaries to cease doing business with the Company or its subsidiaries or in any way interfere with the relationship between any such customer, supplier, licensee or business relation and the Company or any subsidiary or (D) directly or indirectly acquires or attempt to acquire an interest in any business relating to the business of the Company or any of its subsidiaries and with which the Company or any of its subsidiaries has entertained discussions or has requested and received information relating to the acquisition of such business by the Company or its subsidiaries in the one-year period immediately preceding Executive's termination of employment with the Company.

  • Exclusive Employment During employment with the Company, Executive will not do anything to compete with the Company’s present or contemplated business, nor will he plan or organize any competitive business activity. Executive will not enter into any agreement which conflicts with his duties or obligations to the Company. Executive will not during his employment or within one (1) year after it ends, without the Company’s express written consent, directly or indirectly, solicit or encourage any employee, agent, independent contractor, supplier, customer, consultant or any other person or company to terminate or alter a relationship with the Company.

  • Alternative Employment An employer, in a particular redundancy case, may make application to the Commission to have the general severance pay prescription varied if the employer obtains acceptable alternative employment for an employee.

  • Nonsolicitation of Employees While employed by the Company and for a period of six (6) months thereafter, Executive shall not directly or indirectly, for himself or for any other person, firm, corporation, partnership, association or other entity, attempt to employ or enter into any contractual arrangement with any employee or former employee of the Company, unless such employee or former employee has not been employed by the Company for a period in excess of six months.

  • Post-Employment Restrictions You remain legally bound by, and must comply with the terms, conditions and restrictions of, the non-competition, non-solicitation and confidentiality and other post-employment provisions set forth in Sections 7, 8, 9, 10 and 11 of the Employment Agreement, which survive the cessation of your employment and are hereby incorporated by reference.

  • Not an Employment Agreement This Agreement is not an employment agreement, and no provision of this Agreement shall be construed or interpreted to create an employment relationship between you and the Company or any Affiliate or guarantee the right to remain employed by the Company or any Affiliate for any specified term.

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