RESTRICTIVE COVENANT NOT TO COMPETE. During the term of this Agreement and indefinitely thereafter, AT and OTW agree to the following terms and conditions:
10.1 OTW shall not directly or indirectly make known to any person, firm, or corporation the names or addresses of any of the customers of AT or any other information pertaining to them or call on, solicit, take away, or attempt to call on, solicit, or take away any of the customers of AT on whom OTW called or with whom OTW became acquainted during the term of this Agreement, either for himself or for any other person, firm, or corporation.
10.2 If AT exercises its option to purchase according to section 5 of this Agreement, then OTW shall not to engage or participate in any trade or business competing with or similar in nature to the business of AT, in the United States or elsewhere, for five years following purchase.
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 130 Williams Street. Seller represents that, for a period of two (2) xxxxx, xx xxxx xxx 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. 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.
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. 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. 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. 7.1 During the Employment Term and 6 months after the termination of the Executive's employment, the Executive shall not (except with prior written approval of the Company) be directly or indirectly engaged or participated or interested in any other business which is in any respect in competition with or in opposition to any business for the time being conducted by the Company.
7.2 The Executive agrees that he will not directly or indirectly employ or attempt to employ any of the Company's employees or induce or encourage any of the Company's employees to seek or take employment other than with the Company.
7.3 The Executive's failure to comply with the provisions of this Clause 7 shall give the Company the right to terminate any benefits or compensation to which the Executive may be otherwise be entitled, following termination of his employment hereunder.
7.4 If any provisions of this Clause 7 as applied to any party or circumstances, shall be adjudged by a court to be invalid or unenforceable, the same shall in no way affect any other provision of this Agreement, the application of such provision and any other circumstances or the validity or enforceability of this Agreement. If any provision of this Clause 7 or any part thereof, is held to be unenforceable, the court making such determination shall have the power to modify such provisions so that the restriction imposed thereby is no greater than what would otherwise be permissible under the applicable law.
RESTRICTIVE COVENANT NOT TO COMPETE. In consideration for this transaction and the benefits to be realized by Shareholders, Seller and Shareholders hereby agree, individually and jointly, that neither of them shall in any manner own, operate, lease, invest in or have any interest in any Mexican food restaurant that is located within the City limits of Lumberton, Texas, nor any Mexican food restaurant that is located within a three mile radius of either of the Restaurants sold to Purchaser hereunder (or any of the restaurants acquired by Purchaser under the SECOND OPTION) (herein referred to as the "Restrictive Covenant"); provided, however, this restriction shall not apply to the existing Casa Ole restaurants or Crazy Jose's restaurant located in Beaumont, Texas. This Restrictive Covenant shall remain in force and effect so long as the Leases referred to in Section 4 above remain in effect. If any of such Leases expire or ever or terminated or canceled, then the Restrictive Covenant shall terminate with respect to the location covered by such Lease.
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.
