Restrictions on Competition and Solicitation. While the Employee is employed by the Company and for a period of twenty-four (24) months after the date of Employee's termination of employment with the Company for any reason Employee will not, directly or indirectly, expressly or tacitly, for himself/herself or on behalf of any entity conducting business anywhere in the Restricted Territory (as defined below): (i) act in any capacity for any business in which his/her duties at or for such business include oversight of or actual involvement in providing services which are competitive with the services or products being provided or which are being produced or developed by the Company, or were under investigation by the Company within the last two (2) years prior to the end of Employee's employment with the Company, (ii) recruit investors on behalf of an entity which engages in activities which are competitive with the services or products being provided or which are being produced or developed by the Company, or were under investigation by the Company within the last two (2) years prior to the end of Employee's employment with the Company, or (iii) become employed by such an entity in any capacity which would require Employee to carry out, in whole or in part, the duties Employee has performed for the Company which are competitive with the services or products being provided or which are being produced or developed by the Company, or were under active investigation by the Company within the last two (2) years prior to the end of Employee's employment with the Company. Notwithstanding the foregoing, the Employee may purchase or otherwise acquire up to (but not more than) 1% of any class of securities of any enterprise (but without otherwise participating in the activities of such enterprise) if such securities are listed on any national or regional securities exchange or have been registered under Section 12(g) of the Securities Exchange Act of 1934. This covenant shall apply to any services, products or businesses under investigation by the Company within the last two (2) years prior to the end of Employee's employment with the Company only to the extent that Employee acquired or was privy to confidential information regarding such services, products or businesses. Employee acknowledges that this restriction will prevent Employee from acting in any of the foregoing capacities for any competing entity operating or conducting business within the Restricted Territory and that this scope is reasonable in ligh...
Restrictions on Competition and Solicitation. (a) In consideration of the compensation and benefits provided to Executive hereunder and the Company’s entry into this Agreement, Executive agrees that during Executive’s employment with the Company (and any entity into which the Company may be merged) and for a period of (x) 6 months thereafter with respect to clause (i) below, or (y) 12 months thereafter with respect to clauses (ii) and (iii) below (as applicable, the “Restricted Period”) (provided that the Restricted Period shall be tolled during, and shall be extended for the duration of, any breach of any of the covenants and restrictions contained in this Section 6), Executive shall not:
(i) directly or indirectly, in his own capacity or through any other Person, whether as owner, consultant, partner, member, manager, officer, director, venturer, agent, through stock ownership, investment of capital, lending of money or property, rendering of services, or otherwise, engage in the Business (as defined below) within the Applicable Territory (as defined below), except on behalf of the Company or any of its affiliates;
(ii) directly or indirectly, in his own capacity or through any other Person, solicit, persuade or induce any Person which is, or at any time during Executive’s employment with the Company was a Customer (as defined below) of the Company or any of its affiliates to (x) terminate, reduce or refrain from renewing or extending its relationship with the Company or any of its affiliates, or (y) become a customer of or enter into any contractual or other relationship with Executive or any other Person in regard to the purchase of products or services of the type provided in the Business;
(iii) directly or indirectly, in his own capacity or through any other Person, solicit, persuade or induce any Person, firm or entity that is, or at any time during Executive’s employment with the Company or any of its affiliates was, (x) engaged as an employee, representative, agent, independent contractor or otherwise by the Company or any of its affiliates or (y) a supplier of any product or service to, or vendor of any product or service for, the Company, to terminate, reduce or refrain from renewing or extending his, her or its relationship with the Company or any of its affiliates; provided, however, that nothing contained in this Agreement shall preclude Executive from engaging in general advertising of employment opportunities or general solicitations for employees.
(b) The term “Business” shall mean th...
Restrictions on Competition and Solicitation. Employee agrees and acknowledges that the Restrictive Covenants section of the Employment Agreement (Section 7) remains in full force and effect and that he is obligated to comply with any and all restrictions as may be contained therein. Nothing contained herein shall be construed to impair or impede Employee's rights to continue to engage in his same occupation and/or to receive business from persons that were previously clients or customers of the Company."
Restrictions on Competition and Solicitation. Subject to Section 8 and Section 9 hereof, Employee and the Company agree that section 12 of the Employment Agreement shall be terminated and be of no further force or effect, provided, however, that its section 11 shall not terminate but remain in full force and effect. Nothing contained herein shall be construed to impair or impede Employee's rights to continue to engage in the occupation in which she was engaged prior to becoming an Employee of the Company.
Restrictions on Competition and Solicitation. 6.1 The Employee covenants and agrees with the Company that the Employee will not, without the prior written consent of the Board, at any time within a period of six (6) months following the termination of the Employee’s employment with the Company for any reason, either individually or in partnership or in conjunction with any person, whether as principal, agent, shareholder, director, officer, employee, investor, or in any other manner whatsoever, directly or indirectly, advise, manage, carry on, be engaged in, own or lend money to, permit the Employee’s name or any part thereof to be used or employed by any person managing, carrying on or engaged in the business of developing and marketing for sale drugs to provide recurrent prostate cancer patients the potential for significant increases in progression-free survival in the Province of British Columbia and the State of Texas. Nothing in this section 6.1 shall prevent the Employee from acquiring or holding not more than 1% of the shares of a company whose shares are listed on a public stock exchange.
6.2 The Employee shall not, for a period of six (6) months following the termination of the Employee’s employment for any reason, without the prior written consent of the Board, for his account or jointly with another, either directly or indirectly, for or on behalf of himself or any individual, partnership, corporation or other legal entity, as principal, agent, employee or otherwise, solicit, influence, entice or induce, or attempt to solicit, influence, entice or induce:
(a) any person who is employed by the Company or any affiliated company to leave such employment; or
(b) any person, firm or corporation whatsoever, who or which has at any time in the last two (2) years of the Employee’s employment with the Company or any predecessor of the Company, been a customer of the Company, any affiliated company, or of any of their respective predecessors, provided that this subsection shall not prohibit the Employee from soliciting business from any such customer if the business is in no way similar to the business carried on by the Company, an affiliated company, any of their respective predecessors, subsidiaries or associates to cease its relationship with the Company or any affiliated company.
6.3 The Employee acknowledges that, in connection with the Employee’s employment by the Company, the Employee will receive or will become eligible to receive substantial benefits and compensation. The Employee acknowled...
Restrictions on Competition and Solicitation. As a condition to the -------------------------------------------- effectiveness of this agreement, Executive agrees to enter into Company's Employee Noncompetition, Nondisclosure and Developments Agreement, a copy of which has been provided to Executive.
Restrictions on Competition and Solicitation. (a) During the period commencing on the Closing Date and continuing for a period of thirty-six (36) months following the Closing Date, Seller shall not, and Seller shall cause its Covered Affiliates, to not, own or operate any Competing Business in the Norfolk, Virginia or Virginia Beach, Virginia metropolitan statistical areas (the “Restricted Territory”); provided, however, that Seller may purchase or otherwise acquire up to two percent (2%) of any class of securities of any Person if such securities are listed on any national or regional securities exchange or actively traded in a national over-the-counter market so long as Seller does not actively participate in the management or business of such Person. For the avoidance of doubt (and notwithstanding anything to the contrary set forth herein and without in any way expanding the restrictions of this Section 5.4(a)), this Section 5.4(a) shall not prohibit Seller or any of its Covered Affiliates from continuing to conduct any business that Seller or any Covered Affiliate is conducting as of the date of this Agreement, as such business may be modified hereafter by natural growth (including, without limitation, any business that publishes display and/or classified advertising that is or may be relevant to the residents of Virginia).
(b) During the period commencing on the Closing Date and continuing for a period of thirty-six (36) months following the Closing Date, Seller shall not, and Seller shall cause its Covered Affiliates to not, solicit for employment or hire any employee of the Company or any of the Company’s Subsidiaries (or any individual who was an employee during the three (3) month period prior to any such solicitation) to leave for any reason whatsoever or otherwise seek to interfere with, influence or alter any such Person’s relationship with the Company or the Company’s Subsidiaries; provided; however, that this Section 5.4(b) will not prevent Seller or its Covered Affiliates from (i) making generalized searches for employees (by causing to be placed any general advertisements or similar notices, engaging search firms or otherwise) that are not targeted specifically at the employees of the Company or the Company’s Subsidiaries, or (ii) soliciting or hiring any person who was terminated by the Company or one of the Company’s Subsidiaries.
(c) Seller understands and acknowledges that the covenants and agreements set forth in this Section 5.4 are reasonable and necessary for the protection of ...
Restrictions on Competition and Solicitation. For a period of six (6) months from the date of this Agreement, Employee agrees to not directly or indirectly: (a) solicit or encourage any employee, agent, independent contractor, supplier, customer, consultant or any other person or entity to terminate or otherwise alter or modify, in any respect, its relationship with the Company; and (b) own, manage, operate, invest in, control, be employed by, participate in, be a financial sponsor of, or be connected in any manner with the ownership, management, operation or control of any business that competes with the Company or which is engaged in activities substantially similar to those in which the Company engages or plans to engage. Employee understands that the market for the Company’s business is worldwide, so the restrictions in this paragraph are not limited in area.
Restrictions on Competition and Solicitation. While Employee is employed by the Company and for a period of twenty-four (24) months after the date of Employee’s termination of employment with the Company for any reason, Employee will not, directly or indirectly, expressly or tacitly, for himself/herself or on behalf of any entity conducting business anywhere in the Restricted Territory (as defined below), (a) act in any capacity for any business in which his/her duties at or for such business include oversight of or actual involvement in providing services that are competitive with the services or products being provided or that are being produced or developed by the Company, or were under investigation by the Company within the last two (2) years prior to the end of Employee’s employment with the Company,
Restrictions on Competition and Solicitation. From June 26, 2007 through December 31, 2007, Employee agrees to not directly or indirectly: (a) solicit or encourage any employee, agent, independent contractor, supplier, customer, consultant or any other person or entity to terminate or otherwise alter or modify, in any respect, its relationship with the Company; and (b) own, manage, operate, invest in, control, be employed by, participate in, be a financial sponsor of, or be connected in any manner with the ownership, management, operation or control of any business that competes with any of the Company’s business activities in the areas of wafer bumping, wafer bumping tool design or manufacturing, wafer bumping process development, wafer level interconnect, wafer level packaging, and/or solar cell interconnect and solar cell plating. Employee understands that the market for the Company’s business is worldwide, so the restrictions in this paragraph are not limited in area.
