Common use of Restrictions on Competitive Employment Clause in Contracts

Restrictions on Competitive Employment. (a) During the -------------------------------------- Restricted Period, Executive shall not, without the prior written approval of the Company, directly or indirectly, own an interest in or, as principal, agent, employee, consultant or otherwise, engage in activities for or render services to, any firm or business (i) engaged in competition with the Company or any of its Affiliates, (ii) conducting a business of the type and character engaged in by (or contemplated by the business plan of) the Company or any of its Affiliates at the time of termination, (iii) developing products or services competitive with those of the Company or any of its Affiliates or (iv) conducting any business in which the Company or any of its Affiliates is then engaged if Executive has engaged in activities for such business of the Company or such Affiliates or obtained Proprietary Information with respect thereto (all of the businesses in clauses (i), (ii), (iii) and (iv) collectively, "Competitive Business"), in any area within the United States where the Company or such Affiliate carries on or is contemplating carrying on such business. Notwithstanding the foregoing, Executive may have an interest consisting of publicly traded securities constituting less than 2 percent of any class of public traded securities in any public company engaged in a Competitive Business (a "Competing Company") so long as he is not employed by and does not consult with, or become a director of or otherwise engage in any activities for, such Competing Company.

Appears in 2 contracts

Samples: Employment Agreement (Medical Manager Corp/New/), Employment Agreement (Medical Manager Corp/New/)

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Restrictions on Competitive Employment. (a) During the -------------------------------------- period ------------------------------------------- beginning on the Effective Time and ending on the first anniversary of the date of cessation of the consulting engagement of the Consultant for any reason whatsoever (the "Restricted Period"), Executive the Consultant shall notnot (as principal, ----------------- agent, employee, investor, consultant or otherwise), anywhere worldwide, directly or indirectly, without the prior written approval of the Company, directly or indirectly, own an interest in or, as principal, agent, employee, consultant or otherwise, engage in activities for for, or render services to, to any firm or business (i) engaged in direct or indirect competition with the Company or any of its AffiliatesCompany, (ii) conducting a business of the type and character engaged in by the Company (or contemplated by the Company's business plan of) the Company or any of its Affiliates at the time of terminationthe cessation of the consulting engagement of Consultant), (iii) developing products or services competitive with those of the Company or any of its Affiliates or (iv) conducting any other business in which the Company or any of its Affiliates is then engaged if Executive the Consultant has engaged in activities for such business of the Company or such Affiliates or obtained Proprietary Information with respect thereto (all of the businesses activities in clauses (i), (ii), (iii) and (iv) collectively, the "Competitive Business"), in any area within the United States where the Company or such Affiliate carries on or is contemplating carrying on such business. -------------------- Notwithstanding the foregoing, Executive the Consultant may have an interest consisting of publicly traded securities constituting less than 2 1 percent of any class of public publicly traded securities in any public company engaged in a Competitive Business (a "Competing Company") so long as he is not employed by and does not consult with, or become a director of or otherwise engage in any activities for, such Competing Companycompany. Notwithstanding anything contained in this Section 4, the Consultant agrees that the Consultant shall not, at any time during the Restricted Period, deliberately take any action that (a) would interfere with any contractual or customer relationships of the Company or its Affiliates, or any relationship with the employees of, or vendors or contractors to, the Company or its Affiliates, (b) would result in a diminution of business to the Company or its Affiliates or (c) is otherwise detrimental to the best interests of the Company or its Affiliates.

Appears in 1 contract

Samples: Consulting Agreement (Moore Benjamin & Co)

Restrictions on Competitive Employment. (a) During the -------------------------------------- Restricted Period, Executive shall not, anywhere in the United States, directly or indirectly, without the prior written approval of the Company, directly or indirectly, own an interest in or, as principal, agent, employee, consultant or otherwise, engage in activities for or render services to, any firm or business (i) engaged in direct or indirect competition with the Company or any of its Affiliates, (ii) conducting a business of the type and character engaged in by (or contemplated by the business plan of) the Company or any of its Affiliates at the time of termination, (iii) developing products or services competitive with those of the Company or any of its Affiliates or (iviii) conducting any business in which the Company or any of its Affiliates is then engaged if Executive has engaged in activities for such business of the Company or such Affiliates or obtained Proprietary Information with respect thereto (all of the businesses in clauses (i), (ii), (iii) and (iviii) collectively, "Competitive Business"); provided, however, that in the -------------------- event that this Agreement is assigned by the Company to an unrelated third party pursuant to Section 7.4, the definition of "Competitive Business" for purposes of this Section 1.5 shall not include any area within products or services of such third party that are unrelated to the United States where products or services produced or provided by the Company or the Affiliates immediately prior to the date of such Affiliate carries on assignment, except to the extent Executive becomes directly or is contemplating carrying on indirectly involved in the production or provision of such businessthird party products or services or obtains Proprietary Information with respect thereto. Notwithstanding the foregoing, Executive may have an interest consisting of publicly traded securities constituting less than 2 1 percent of any class of public publicly traded securities in any public company engaged in a Competitive Business (a "Competing Company") so long as he is not employed by and does not consult with, or become a director of or otherwise engage in any activities for, such Competing Companycompany.

Appears in 1 contract

Samples: Employment Agreement (Careinsite Inc)

Restrictions on Competitive Employment. (a) During the -------------------------------------- Restricted Periodperiod beginning on the date hereof and (subject to the first sentence of Section 1.9) ending on the second anniversary (first anniversary in the case of a termination by the Company without Cause) of the date of cessation of the employment of the Employee for any reason whatsoever, Executive Employee shall notnot (as principal, agent, employee, consultant or otherwise), directly or indirectly, without the prior written approval of the Company, directly or indirectly, own an interest in or, as principal, agent, employee, consultant or otherwise, engage in activities for for, or render services to, any firm or business (i) engaged in direct or indirect competition with the Company or any of its AffiliatesCompany, (ii) conducting a business of the type and character engaged in by the Company (or contemplated by the Company's business plan ofplan) the Company or any of its Affiliates at the time of termination, (iii) developing products or services competitive with those of the Company or any of its Affiliates or (iv) conducting any other business in which the Company Synetic or any of its the Affiliates is then engaged if Executive Employee has engaged in activities for such business of the Company Synetic or such Affiliates or obtained Proprietary Information with respect thereto (all of the businesses in clauses (i), (ii), (iii) ), and (iv) collectively, "Competitive Business"), in any area within the United States where the Company or such Affiliate carries on or is contemplating carrying on such business. Notwithstanding the foregoing, Executive Employee may have an interest consisting of publicly traded securities constituting less than 2 1 percent of any class of public publicly traded securities in any public company engaged in a Competitive Business (a "Competing Company") so long as he is not employed by and does not consult with, or become a director of or otherwise engage in any activities for, such Competing Companycompany.

Appears in 1 contract

Samples: Employment Agreement (Careinsite Inc)

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Restrictions on Competitive Employment. (a) During the -------------------------------------- Restricted Period, Executive shall not, anywhere in the United States, directly or indirectly, without the prior written approval of the Company, directly or indirectly, own an interest in or, as principal, agent, employee, consultant or otherwise, engage in activities for or render services to, any firm or business (i) engaged in competition with the Company or any of its Affiliates, (ii) conducting a business of the type and character engaged in by (or contemplated by the business plan Business Plan of) the Company or any of its Affiliates at the time of termination, (iii) developing products or services competitive with those of the Company or any of its Affiliates or (iv) conducting any business in which the Company or any of its Affiliates is then engaged if Executive has engaged in activities for such business of the Company or such Affiliates or obtained Proprietary Information with respect thereto (all of the businesses in clauses (i), (ii), (iii) and (iv) collectively, "Competitive Business"), in any area within the United States where the Company or such Affiliate carries on or is contemplating carrying on such business. -------------------- Notwithstanding the foregoing, Executive may have an interest consisting of publicly traded securities constituting less than 2 1 percent of any class of public publicly traded securities in any public company engaged in a Competitive Business (a "Competing Company") so long as he is not employed by and does not consult with, or become a director of or otherwise engage in any activities for, such Competing Companycompany.

Appears in 1 contract

Samples: Employment Agreement (Careinsite Inc)

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