Rights of Competition Sample Clauses

Rights of Competition. Each Partner, in its individual capacity or otherwise, and their respective principals and affiliates, shall be free to engage in conduct or participate in any business or activity whatsoever without any accountability, liability, or obligation whatsoever to the Partnership or to any other Partner. Any competing business or activity of a Partner may be undertaken with or without notice to or participation therein by any other Partner. Each Partner and the Partnership hereby waive any right or claim it may have against each other Partner with respect to any competing business or activity or the income or profits therefrom.
Sample 1Sample 2Sample 3See All (4)
AutoNDA by SimpleDocs
Rights of Competition. 11 Section 4.9 Transactions with Related Parties..................................................... 12
Sample 1Sample 2
Rights of Competition. 36 SECTION 4.17.
Sample 1Sample 2
Rights of Competition. Each Member or Manager, in its individual capacity or otherwise, and their respective principals and Affiliates, shall be free to engage in, conduct or participate in any business or activity whatsoever, including, without limitation, the purchase, sale and lease of self-storage facilities, without any accountability, liability, or obligation whatsoever to the Company or to any other Member. Any competing business or activity of a Member or a Manager may be undertaken with or without notice to or participation therein by any other Member. Each Member and the Company hereby waives any right or claim it may have against any Member or Manager with respect to any competing business or activity or the income or profits therefrom. Notwithstanding the foregoing, Storage agrees that, for so long as both Storage and Investor are Members of the Company, neither Storage nor its Affiliates shall initiate directly or indirectly the development of any new self-storage facilities within a three mile radius of any of the Original Properties, except that the limitation shall apply only within a one and one-half mile radius of the Original Properties, listed on Schedule 4.16(a). If Storage or an Affiliate of Storage desires to develop a new self-storage facility within the prohibited radius, Storage shall obtain the prior written consent of Investor, which consent may be withheld in Investor's sole discretion. The foregoing restrictions do not apply to any development already planned by Storage or one of its Affiliates as of the date of this Agreement, which development projects are set forth on Schedule 4.16(b).
Sample 1Sample 2
Rights of Competition. Subject to the provisions of that --------------------- Confidentiality Agreement entered into between the Members on the date hereof, and except as hereinafter set forth below and in paragraph 9.2(d) hereof, each Member shall be free to engage in, conduct or participate in any business activity whatsoever, without liability to the Members or the LLC, even if such business or activity competes, directly or indirectly, with the business of the LLC; and any such activity shall not be deemed to be a business opportunity of the LLC nor shall any of the Members of the LLC be deemed to have any interest therein or rights to profits or other revenues therefrom. Notwithstanding anything hereinabove to the contrary, neither Member shall compete with the LLC or with any other Member in any business activity involving specific formulations of vitamins or nutritional supplements owned by the LLC. ARTICLE VI ---------- MANAGEMENT ----------
Sample 1
Rights of Competition. Each Member or Manager, in its individual capacity or otherwise, and their respective principals and Affiliates, shall be free to engage in, conduct or participate in any business or activity whatsoever, including, without limitation, the purchase, sale and lease of multifamily projects, without any accountability, liability, or obligation whatsoever to the Company or to any other Member. Any competing business or activity of a Member or a Manager may be undertaken with or without notice to or participation therein by any other Member. Each Member and the Company hereby WAIVES any right or claim it may have against any Member or Manager with respect to any competing business or activity or the income or profits therefrom.
Sample 1
Rights of Competition. Each Partner, in its individual capacity or otherwise, and its officers, directors and shareholders shall be free to engage in, conduct or participate in any business or activity whatsoever, including, without limitation, the acquisition, development, management, and exploitation of real property, without any accountability, liability, or obligation whatsoever to the Partnership or to any other Partner, even if such business or activity competes with, directly or indirectly, or is enhanced in any way by the business or affairs of the Partnership. In furtherance thereof, the Partners hereby agree that any business or activity in which a Partner engages, conducts or participates outside the Partnership shall be conclusively deemed not to be a business or activity in competition with or an opportunity of the Partnership. Any such business or activity of a Partner may be undertaken with or without notice to or participation therein by the other Partners. Each Partner and the Partnership hereby waive any right or claim he or it may have against the other Partners with respect to any such business or activity or the income or Profits therefrom.
Sample 1
AutoNDA by SimpleDocs
Rights of Competition. Subject to the rights, duties and obligations of the Members and their Affiliates pursuant to the Exclusivity Agreement, any Member or group of Members, directly or indirectly through one or more Affiliates or with unrelated third parties, may engage in any business, purchase any loans or real property or make any other investment, even if such business, real property or other investment is in competition with or an opportunity of the Company. Any such activity of a Member may be undertaken with or without notice to or participation therein by the other Members. Each Member hereby waives any right or claim it may have against the other Members with respect to any such activity or the income or profits therefrom. Moreover, no Member shall have any obligation to disclose to the Company or the other Members any of its other business activities. The preceding sentence shall not be construed as a limitation on obligations or duties imposed on a Member or rights or benefits granted to a Member pursuant to (i) the Exclusivity Agreement, (ii) any other document or agreement or (iii) any representation, warranty, covenant or other undertaking contained in this Agreement.
Sample 1
Rights of Competition. Any Member or group of Members, directly or indirectly through one or more Affiliates or with unrelated third parties, may engage in any business, purchase any real property or make any other investment, even if such business, real property or other investment is in competition with or an opportunity of the Company, notwithstanding any provision to the contrary at law or in equity. Any such activity of a Member may be undertaken with or without notice to or participation therein by the other Members. Each Member hereby waives any right or claim it may have against the other Members with respect to any such activity or the income or profits therefrom.
Sample 1

Related to Rights of Competition

  • No Competition Employee's employment is subject to the condition that during the term of his employment hereunder and for the period specified in paragraph 8(c) below, Employee shall not, directly or indirectly, own, manage, operate, control or participate in the ownership, management, operation or control of, or be connected as an officer, employee, partner, director, individual proprietor, lender, consultant or otherwise with, or have any financial interest in, or aid or assist anyone else in the conduct of, any entity or business (a "Competitive Operation") which competes in the banking industry or with any other business conducted by Employer or by any group, affiliate, division or subsidiary of Employer, in the states of New York and Pennsylvania. Employee shall keep Employer fully advised as to any activity, interest, or investment Employee may have in any way related to the banking industry. It is understood and agreed that, for the purposes of the foregoing provisions of this paragraph, (i) no business shall be deemed to be a business conducted by Employer or any group, division, affiliate or subsidiary of Employer unless 5% or more of Employer's consolidated gross sales or operating revenues is derived from, or 5% or more of Employer's consolidated assets are devoted to, such business; (ii) no business conducted by any entity by which Employee is employed or in which he is interested or with which he is connected or associated shall be deemed competitive with any business conducted by Employer or any group, division or subsidiary of Employer unless it is one from which 2% or more of its consolidated gross sales or operating revenues is derived, or to which 2% or more of its consolidated assets are devoted; and (iii) no business which is conducted by Employer at the Date of Termination and which subsequently is sold by Employer shall, after such sale, be deemed to be a Competitive Operation within the meaning of this paragraph. Ownership of not more than 5% of the voting stock of any publicly held corporation shall not constitute a violation of this paragraph.

  • Indirect Competition Employee further agrees that, during the Term and the Non-Compete Period, he will not, directly or indirectly, assist or encourage any other person in carrying out, direct or indirectly, any activity that would be prohibited by the above provisions of this Section 6 if such activity were carried out by Employee, either directly or indirectly; and in particular Employee agrees that he will not, directly or indirectly, induce any employee of the Company to carry out, directly or indirectly, any such activity.

  • Protection of Confidential Information; Non-Competition 5.1 In view of the fact that the Executive's work for the Company will bring the Executive into close contact with many confidential affairs of the Company not readily available to the public, and plans for future developments, the Executive agrees:

  • Confidential Information and Non-Competition 10. In exchange for the mutual promises and obligations contained in this Agreement, and contemporaneous with its execution or soon thereafter, Employer promises to deliver to Executive or permit Executive to acquire, be exposed to, and/or have access to material, data, and information of the Company and/or its customers or clients that is confidential, proprietary and/or a trade secret (“Confidential Information”). At all times, both during and after the termination of employment, the Executive shall keep and retain in confidence and shall not disclose, except as required in the course of the Executive’s employment with the Company, to any person, firm or corporation, or use for the Executive’s own purposes, any Confidential Information. For the purposes of this Paragraph, such information shall include, but is not limited to:

  • NON-COMPETITION AND NON-DISCLOSURE (a) Upon any termination of Executive's employment hereunder pursuant to Section 4 hereof, Executive agrees not to compete with the Holding Company or its Subsidiaries for a period of one (1) year following such termination in any city, town or county in which the Executive's normal business office is located and the Holding Company or any of its Subsidiaries has an office or has filed an application for regulatory approval to establish an office, determined as of the effective date of such termination, except as agreed to pursuant to a resolution duly adopted by the Board. Executive agrees that during such period and within said cities, towns and counties, Executive shall not work for or advise, consult or otherwise serve with, directly or indirectly, any entity whose business materially competes with the depository, lending or other business activities of the Holding Company or its Subsidiaries. The parties hereto, recognizing that irreparable injury will result to the Holding Company or its Subsidiaries, its business and property in the event of Executive's breach of this Subsection 10(a) agree that in the event of any such breach by Executive, the Holding Company or its Subsidiaries, will be entitled, in addition to any other remedies and damages available, to an injunction to restrain the violation hereof by Executive, Executive's partners, agents, servants, employees and all persons acting for or under the direction of Executive. Executive represents and admits that in the event of the termination of his employment pursuant to Section 7 hereof, Executive's experience and capabilities are such that Executive can obtain employment in a business engaged in other lines and/or of a different nature than the Holding Company or its Subsidiaries, and that the enforcement of a remedy by way of injunction will not prevent Executive from earning a livelihood. Nothing herein will be construed as prohibiting the Holding Company or its Subsidiaries from pursuing any other remedies available to the Holding Company or its Subsidiaries for such breach or threatened breach, including the recovery of damages from Executive.

  • Non-Competition Provisions Employee agrees that he will not, during the Restricted Period, compete directly or indirectly with the business of the Company. The phrase "compete directly or indirectly with the business of the Company" shall be deemed to include, without limiting the generality thereof, (1) engaging or having a material interest, directly or indirectly, as owner, employee, officer, director, partner, sales representative, stockholder, capital investor, lessor, renderer of consultation services or advise, either alone or in association with another or others, in the operation of any aspect of any type of business or enterprise competitive with the business or operation of the Company- (2) soliciting any of the employees of the Company to leave the employ of the Company, or so soliciting any employee of any Subsidiary or Affiliate of the Company; (3) soliciting any of the employees of the Company to become employees of any other Person, or so soliciting any employee of any Subsidiary or Affiliate of the Company, or (4) soliciting any customer or supplier of the Company or any Affiliate or Subsidiary of either of them, with respect to their business. Similarly, Employee shall not raid, entice or induce any Person who on the Termination Date is, or within one (1) year immediately preceding the Termination Date was, a customer or supplier of the Company, or any of its Subsidiaries or Affiliates, to become a customer of any other Person for products or services the same as, or similar to, those products and services as from time to time shall be provided by the Company, or any of its Subsidiaries and Affiliates, and Employee shall not approach any Person for such purpose; nor shall Employee raid, entice or induce any Person who on the Termination Date is, or within one year immediately preceding the Termination Date was, an employee of the Coi-npany or any of its Subsidiaries or Affiliates, to become employed by any other Person; similarly, Employee shall not approach any such employee for such purpose or authorize or knowingly approve the taking of such actions by any other Person or assist any such other Person in taking any such action. The phrase "compete directly or indirectly with the business of the Company" shall not be deemed to include all ownership interest as an inactive investor, which, for purposes of this Agreement, shall mean only the beneficial ownership of less than five (5%) percent of the outstanding shares of any series or class of securities of any competitor of the Company, which securities of such series or class are publicly traded in the securities market.

  • Non-Competition a. Executive acknowledges and recognizes the highly competitive nature of the businesses of the Company and its affiliates and accordingly agrees as follows:

  • Limitation on Competition In consideration of the Company’s entering into this Agreement, the Executive agrees that during the Covenant Period, the Executive will not, without the prior written consent of the Company, anywhere within the Restricted Territory, either directly or indirectly, alone or in conjunction with any other party, accept, enter into or take any action in conjunction with or in furtherance of a Competitive Position (other than action to reject an unsolicited offer of a Competitive Position).

  • Restrictions on Competition During the term of this Agreement and for a period of one year after you cease to be an employee of DFC or an affiliate of DFC, you will not, without the prior written consent of DFC, (a) accept employment or render service to any person, firm or corporation, directly or indirectly, in competition with DFC, or any affiliate thereof for any purpose which would be competitive with the business of DFC and its affiliates within the Commonwealth of Puerto Rico or any other geographic area in which DFC or any affiliate of DFC by which you were employed, conducted operations (the "Restricted Area") or any business as to which studies or preparations relating to the entry into which were made by DFC or any affiliate of DFC by which you were employed within one year prior thereto (collectively, the "Restricted Businesses") or (b) directly or indirectly, enter into or in any manner take part in or lend your name, counsel or assistance to any venture, enterprise, business or endeavor, whether as proprietor, principal, investor, partner, director, officer, employee, consultant, adviser, agent, independent contractor or in any other capacity whatsoever for any purpose which would be competitive with the Restricted Businesses in the Restricted Area. An investment not exceeding 5% of the outstanding stock in any corporation regularly traded on any national securities exchange or in the over-the-counter market shall not be deemed to violate this provision, provided that you shall not render any services for such corporation.

  • Confidential Information Non Competition (a) The Executive shall hold in a fiduciary capacity for the benefit of the Company all secret or confidential information, knowledge or data relating to the Company or any of its Affiliated Companies, and their respective businesses, which shall have been obtained by the Executive during the Executive's employment by the Company or any of its Affiliated Companies and which shall not be or become public knowledge (other than by acts by the Executive or representatives of the Executive in violation of this Agreement). After termination of the Executive's employment with the Company, the Executive shall not, without the prior written consent of the Company or as may otherwise be required by law or legal process, communicate or divulge any such information, knowledge or data to anyone other than the Company and those designated by it. In no event shall an asserted violation of the provisions of this Section 9 constitute a basis for deferring or withholding any amounts otherwise payable to the Executive under this Agreement.

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!