Common use of Restrictive Covenant Non Competition Clause in Contracts

Restrictive Covenant Non Competition. Employee agrees that on the termination for any reason whatsoever of his employment with the Employer, other than in connection with the sale of a controlling interest of the Company's common stock, he will not, for a period of one (1) year from the date of such termination, directly or indirectly engage in or own any part of any company engaged in the design, manufacture or sale of products substantially the same as those offered by the Employer at the time of the termination, or work, on a full-time, part-time or consultant basis, for any corporation, partnership, sole proprietorship or any other legal entity engaged in such business within the states of Iowa, Illinois, Indiana or Minnesota, nor will he in any way directly or indirectly, attempt to hire the Employer's employees or take away any of the Employer's business or customers or destroy, injure or damage the goodwill of the Employer with its customers. Employee further agrees that in the event that the Employer, its successors or assigns, shall bring any action for the enforcement of any or all provisions of this covenant not to compete, and if the Court shall find on the basis of the evidence introduced in said action that this paragraph 6 is unreasonable then the Court shall make a finding as to what is reasonable and shall enforce this Agreement by judgment or decree to the extent of such finding. In the event that a controlling interest in the Company's common stock is sold to any person or entity during the Employment Period, and the Employee is not offered employment in a similar position as described in paragraph 1, this restrictive covenant shall not apply.

Appears in 3 contracts

Samples: Employment Agreement (Top Air Manufacturing Inc), Employment Agreement (Top Air Manufacturing Inc), Employment Agreement (Top Air Manufacturing Inc)

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Restrictive Covenant Non Competition. Employee agrees that on the termination for any reason whatsoever of his employment with the Employer, other than in connection with the sale of a controlling interest of the Company's common stock, he will not, for a period of one (1) year from the date of such termination, directly or indirectly engage in or own any part of any company engaged in the design, manufacture or sale of products substantially the same as those offered by the Employer at the time of the termination, or work, on a full-time, part-time or consultant basis, for any corporation, partnership, sole proprietorship or any other legal entity engaged in such business within the states of Iowa, Illinois, Indiana or Minnesota, nor will he in any way directly or indirectly, attempt to hire the Employer's employees or take away any of the Employer's business or customers Customers or destroy, injure or damage the goodwill of the Employer with its customers. Employee further agrees that in the event that the Employer, its successors or assigns, shall bring bring, any action for the enforcement of any or all provisions of this covenant not to compete, and if the Court shall find on the basis of the evidence introduced in said action that this paragraph 6 is unreasonable then the Court shall make a finding as to what is reasonable and shall enforce this Agreement by judgment or decree to the extent of such finding. In the event that a controlling interest in the Company's common stock is sold to any person or entity during the Employment Period, and the Employee is not offered employment in a similar position as described in paragraph 1, this restrictive covenant shall not apply.

Appears in 1 contract

Samples: Employment Agreement (Top Air Manufacturing Inc)

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