RESTRICTIVE COVENANT NOT TO COMPETE. During the term of this Agreement and indefinitely thereafter, AP and OTW agree to the following terms and conditions:
RESTRICTIVE COVENANT NOT TO COMPETE. During the term of this Agreement and indefinitely thereafter, AT and OTW agree to the following terms and conditions:
RESTRICTIVE COVENANT NOT TO COMPETE. Seller and Partner will not, for a period of four (4) years from the date of closing, either directly or indirectly engage in the practice of physical therapy or related services, within lower Westchester County, NY (up to and including latitude of White Plains, NY), Fairfield County, CT and within a ten (10) mile radius of Seller's current address at 000-00 Xxxxxxx Xxxxxxx Expressway, Flushing, NY 11363. Seller and Shareholder shall execute at closing, such documents as will evidence this surviving provision.
RESTRICTIVE COVENANT NOT TO COMPETE. For a period of two (2) years from the date of closing, Seller and its affiliates are restricted from opening NEW outpatient, exclusive physical therapy practices within 25 blocks of Seller's Manhattan facility located at 000 Xxxxxxxx Xxxxxx, New York, New York. Seller and their affiliates represents that, for a period of two years, they will not solicit physical therapy referral business from any source which is presently referring physical therapy patients to The Practice being purchased. Seller shall execute at closing, such documents as will evidence this surviving provision. To the extent a court of competent jurisdiction determines this provision to be excessively restrictive, the Parties agree to abide by any modification acceptable to such court.
RESTRICTIVE COVENANT NOT TO COMPETE. Except as set forth in Schedule 10, Seller will not, for a period of four (4) years from the date of closing, either directly or indirectly, engage in the practice of physical medicine or physical therapy or related services, within lower Westchester County, NY (up to and including latitude of White Plains, NY), Fairfield County, CT and within a ten (10) mile radius of Seller's current address as listed herein. Seller shall execute at Closing, such documents as will evidence this surviving provision. To the extent a court of competent jurisdiction determines this provision to be excessively restrictive, the parties agree to abide by any modification acceptable to such court.
RESTRICTIVE COVENANT NOT TO COMPETE. During the term of this Agreement and for a period of two years immediately following the termination of this Agreement for any reason, XXXXXX agrees not to engage or participate in any trade or business competing with or similar in nature to the business of NEXLAND.
RESTRICTIVE COVENANT NOT TO COMPETE. In consideration of the agreements hereunder, the Executive agrees that in addition to any other limitation, for a period of twenty-four (24) months after his termination of Employment, either by his voluntary termination of employment in breach of this Agreement or his termination for Cause or termination other than for Cause, he will not within a 100-mile radius of the main office of the Company manage, operate or be employed by, participate in, or be connected in any manner with the management, operation, or control of any banking business, savings and loan business, or financial services business. The Executive further agrees, he will not solicit the business or patronage, directly or indirectly, from any customers of the Company and the Executive will not seek to or assist others to persuade any employee of the Company engaged in similar work or related to the Company’s work to discontinue employment with the Bank or seek employment or engage in any business of the Company. The Executive agrees to disclose the contents of this Agreement to any subsequent employer following the termination of this Agreement. Irreparable harm shall be presumed if the Executive breaches any covenant of this Agreement. The faithful observance of all covenants in this Agreement is an essential condition to the Executive’s employment and the Company is depending upon absolute compliance. Damages would probably be very difficult to ascertain if the Executive breached any covenant in this Agreement. This Agreement is intended to protect the proprietary rights of the Company in many important ways. In light of these facts, the Executive agrees that any court of competent jurisdiction should immediately enjoin any breach of this Agreement, upon the request of the Company, and the Executive specifically releases the Company from the requirement to post any bond in connection with a temporary or interlocutory injunctive relief, to the extent permitted by law. This remedy shall be in addition to any specific damages that the Company may be entitled to as a result of the breach of this Agreement.
RESTRICTIVE COVENANT NOT TO COMPETE. Seller will not, for a period of four (4) years from the date of closing, either directly or indirectly engage in the practice of physical therapy or related services, within lower Westchester County, NY (up to and including latitude of White Plains, NY), Fairfield County, CT and within a ten (10) mile radius of PTSR's current address at 0000 Xxxxxxxxx Xxxxxx, Bronx, NY 10461. Seller shall execute at closing, such documents as will evidence this surviving provision.
RESTRICTIVE COVENANT NOT TO COMPETE. For a period of one year immediately following the Termination Date, Executive agrees not to work for, own, manage, operate, control, service, serve as a director of or participate directly in the ownership, management, operation or control of Xxxxxxx Electric Co., Advantech Co., Ltd., Kontron AG, or ADLink Technology Inc.; provided, however, investment in a collective investment fund that holds no more than one percent of the outstanding common stock of any such company shall not be deemed to be a violation of this restrictive covenant. The Company intends this restrictive covenant to be enforced to the extent permitted by applicable law. Executive agrees that in the event any court of competent jurisdiction finds that this restrictive covenant is unreasonable with respect to its territorial extent, scope and/or period of time, such finding will not invalidate this provision with respect to the territorial extent, scope or period of time which is reasonable, and this restriction will be construed to apply only to the territory, scope and/or period of time so found to be reasonable by said court. Executive acknowledges that breach or threatened breach of this restrictive covenant will cause irreparable harm to the Company and agrees to the entry of a temporary restraining order and permanent injunction by any court of competent jurisdiction to prevent breach or further breach of this restrictive covenant, in addition to any other remedy available to the Company at law or in equity.
RESTRICTIVE COVENANT NOT TO COMPETE. In consideration of the agreements hereunder, the Executive agrees that in addition to any other limitation, for a period of twenty-four (24) months after his termination of Employment, either by his voluntary termination of employment in breach of this Agreement, his termination for Cause or termination other than for Cause, or his termination for Good Reason, he will not within a 100-mile radius of the main office of the Company manage, operate or be employed by, participate in, or be connected in any manner with the management, operation, or control of any banking business, savings and loan business, or financial services business. The Executive further agrees, he will not solicit the business or patronage, directly or indirectly, from any customers of the Company and the Executive will not seek to or assist others to persuade any employee of the Company engaged in similar work or related to the Company’s work to discontinue employment with the Bank or seek employment or engage in any business of the Company. The Executive agrees to disclose the contents of this Agreement to any subsequent employer following the termination of this Agreement. Irreparable harm shall be presumed if the Executive breaches any covenant of this Agreement. The faithful observance of all covenants in this Agreement is an essential condition to the Executive’s employment and the Company is depending upon absolute compliance. Damages would probably be very difficult to ascertain if the Executive breached any covenant in this Agreement. This Agreement is intended to protect the proprietary rights of the Company in many important ways. In light of these facts, the Executive agrees that any court of competent jurisdiction should immediately enjoin any breach of this Agreement, upon the request of the Company, and the Executive specifically releases the Company from the requirement to post any bond in connection with a temporary or interlocutory injunctive relief, to the extent permitted by law. This remedy shall be in addition to any specific damages that the Company may be entitled to as a result of the breach of this Agreement.
