Restrictions on Work. For a period of twenty-four (24) months following his last day of Onvia employment, Xxxxx agrees that he will not, without obtaining Onvia’s written permission, directly or indirectly be employed by, consult with or otherwise perform services for a Competitor (as defined below), or own any interest in, manage or participate in the management (as an officer, director, partner, member or otherwise) of a Competitor (except that Xxxxx shall not be restricted from owning less than 1 percent of equity in a public corporation). Xxxxx acknowledges that, due to the nature of Onvia’s business and his own role as Onvia’s CEO, there is no geographical limitation on the restrictions in this provision. For the purposes of this Paragraph 6 of this Agreement, “Competitor” will be defined as any firm, individual, or Onvia that creates, designs, analyzes, or implements business plans or business intelligence for government contractors in any industry or any other individual or entity that is directly or indirectly engaged in or is preparing to engage in any business which involves the creation, design, or implementation of business intelligence for government contractors in any industry or any other service available from Onvia at any time relevant to this Agreement.
Restrictions on Work. Grantor may not perform any removal, scrapping, or rehabilitation work on the Secured Property without first providing notice to the Beneficiary of the proposed rehabilitation plans and obtaining the Beneficiary’s prior approval. The Beneficiary will not unreasonably withhold their consent to the proposed removal, scrapping, or rehabilitation work on the Secured Property; provided, however, that the Beneficiary will not be deemed to be unreasonably withholding their consent if the proposed plan does not, at a minimum, provide that: (i) all removed and/or scrapped Improvements will be replaced within six months; provided, however, that Grantor will not be deemed to have breached any plan if a written order from any federal or state agency or any court that in any manner reasonably hinders, slows, or halts Grantor’s Improvements replacement efforts is the proximate cause of Grantor not being able to comply with the requirement to replace all removed and/or scrapped Improvements within six months; (ii) all removed and/or scrapped Improvements will be rehabilitated to Class I FRA standards; (iii) only ten miles of Improvements may be taken out of service, removed, and/or scrapped at one time and must be completely rehabilitated in accordance with this Section 6.1 before another segment may be taken out of service, removed, and/or scrapped; (iv) any petitions by Grantor to the FRA for a waiver of all or any requirements must first be approved by the Beneficiary; and (v) Grantor may not, as part of any rehabilitation plan or otherwise, petition the FRA or STB to abandon any section of the Secured Property from Mile Post 17.00 to Mile Post 127.00. Any breach of an approved rehabilitation plan would constitute a default under the Promissory Note and this Security Instrument. Beneficiary shall respond to a request by Grantor under this Section 6.1 within thirty (30) days of submittal of a proposed plan which meets all of the conditions set forth above. All Land and replacement Improvements relating to this Section 6.1 shall continue to constitute Secured Property until full payment of the Indebtedness as enumerated in Section 6.2 below.
Restrictions on Work. Work may be performed at any time during the above contract time line, except as follows:
