Scope of Noncompetition Obligation. (i) Executive acknowledges and agrees that the period of one (1) year following the termination or expiration of this Agreement for any reason will constitute the non-compete, non-solicit and non-divert period (the “Non-Interference Period”). During his employment and during the Non-Interference Period, Executive will not engage in duties or provide services to a Competitor which are substantially similar to those Executive provided to the Company under this Agreement, in any capacity, upon the termination or expiration of this Agreement in states where the Company is doing business or has expended resources in pursuit of, or in preparation to do, business (the “Prohibited Market”); provided, however, that the foregoing shall not apply in the event that the Term of this Agreement expires by reason of the Company’s election not to renew or extend this Agreement. The term “Competitor” means (i) insurance companies providing non-standard automobile insurance coverage of any type or class as a primary line of business (in excess of fifteen percent (15%) of aggregate revenues), (ii) underwriting agencies (or managing general agencies) that produce and administer non-standard automobile insurance as a primary line of business, and (iii) retail agencies that sell non-standard automobile insurance policies as a primary line of business.
Scope of Noncompetition Obligation. (i) Executive acknowledges and agrees that (x) the Term of this Agreement, (y) a period of two years after termination of this Agreement if this Agreement is terminated by the Company for Cause or by Executive without Good Reason, and (z) a period of one year after termination of this Agreement if this Agreement is terminated other than by the Company for Cause or by Executive without Good Reason, will constitute non-compete, non-solicit and non-divert periods (the “Non-Interference Period”). During his employment and during the Non-Interference Period, Executive will not work for, supervise, assist or participate in, a Competing Business in any capacity (as owner, employee, consultant, advisor, contractor, officer, director, lender, investor, agent, or otherwise) or otherwise engage in any Competing Business, within the States of Louisiana, Mississippi and Texas. This Paragraph creates a narrowly tailored restraint in order to avoid unfair competition and irreparable harm to the Company and the Partnership and is not intended or to be construed as a general covenant against competition in the oil and gas industry. “Competing Business” means any Person that directly competes with or would directly compete with, or displaces or would displace, any of the activities of the Partnership in those geographical areas of the states of Louisiana, Mississippi or Texas in which the Partnership has significant operations, or in which the Company or the Partnership prior to the termination of this Agreement has anticipated doing future business as part of the Partnership’s business plan disclosed to or developed by Executive prior to such date. Notwithstanding the above, the foregoing covenant shall not be deemed to prohibit Executive from making an investment of not more than five percent (5%) of the equity interests of a publicly traded Competing Business.
Scope of Noncompetition Obligation. (i) Executive acknowledges and agrees that the period of one (1) year following the termination or expiration of this Agreement for any reason will constitute the non-compete, non-solicit and non-divert period (the “Non-Interference Period”). During his employment and during the Non-Interference Period, Executive will not engage in duties or provide services to a Competitor which are substantially similar to those Executive provided to the Company under this Agreement, in any capacity, upon the termination or expiration of this Agreement in states where the Company is doing business or has expended resources in pursuit of, or in preparation to do, business (the “Prohibited Market”). The term “Competitor” means (i) insurance companies providing non-standard automobile insurance coverage of any type or class as a primary line of business (in excess of fifteen percent (15%) of aggregate revenues), (ii) underwriting agencies (or managing general agencies) that produce and administer non-standard automobile insurance as a primary line of business, and (iii) retail agencies that sell non-standard automobile insurance policies as a primary line of business.
Scope of Noncompetition Obligation. During the Employment Term, and for a period of one (1) year after the termination of the Employment Term for any reason, Employee shall not, directly or indirectly, either acting alone, or as a stockholder, partner, associate, creditor, consultant, adviser, franchiser, franchisee, director, officer, owner, employee or agent of any other person or entity, or in any other capacity, engage in or provide services to a company engaged in the Business in the Territory (as defined below); provided, however, the restriction contained in this Section 3.2 shall not prohibit Employee from owning not more than 1% of the outstanding stock of any class of any publicly traded corporation, so long as Employee does not actively participate in the business of such corporation. For purposes of this Agreement, the term “Territory” shall be defined as a 15-mile radius of any office of USMD Holdings, Inc. and its affiliates in the United States in which the Company conducts the business during the Employment Term.
Scope of Noncompetition Obligation. (i) Executive acknowledges and agrees that the period commencing with the date of this Agreement and ending one (1) year following the termination or expiration of this Agreement for any reason will constitute the non-compete, non-solicit and non-divert period (the “Non-Interference Period”). Notwithstanding the foregoing, in the event the Company does not pay the Severance Payment to Executive that is otherwise due to Executive under Section 4(a) or Section 5(a) of this Agreement for any reason constituting a breach of this Agreement, the Non-Interference Period shall terminate on the date such Severance Payment would otherwise have been due.
(ii) During his employment and during the Non-Interference Period, Executive will not, directly or indirectly, participate in the ownership, management, operation, financing or control of, or be employed by or consult for or otherwise render services to, any Competitor in the States of New York, Colorado, Minnesota, or Nebraska, or in any other state within the United States of America, or in any country in the world. The term “Competitor” means any person or entity who is engaged in the business that the Company or any subsidiary of the Company engages in at or preceding the time of termination of employment, including building and operating facilities to be used for the production of corn ethanol and engaging in commercial sales of corn ethanol.
Scope of Noncompetition Obligation. During the TermExecutive shall not, directly or indirectly, either acting alone, or as a stockholder, partner, associate, creditor, consultant, adviser, franchiser, franchisee, director, officer, owner, employee or agent of any other person or entity, or in any other capacity, engage in or provide services to a company engaged in the Business in the United States; provided, however, the restriction contained in this Section 3.2 shall not prohibit Executive from (x) owning not more than 4.9% of the outstanding stock of any class of any publicly traded corporation, so long as Executive does not actively participate in the business of such corporation, or (y) providing consulting services to, and serving on the Board of Directors of, Best Energy Services, Inc.
Scope of Noncompetition Obligation. (i) Executive acknowledges and agrees that the period commencing with the date of this Agreement and ending one (1) year following the termination or expiration of this Agreement by Executive for any reason will constitute the non-compete, non-solicit and non-divert period (the “Non-Interference Period”). During his employment and during the
Scope of Noncompetition Obligation. (i) You acknowledge and agree that the period of twelve (12) months following the termination or expiration of this Agreement for any reason will constitute the non-compete, non-solicit and non-divert period (the “Non-Interference Period”). During your employment and during the Non-Interference Period, you will not engage in duties or provide services to a Competitor that are substantially similar to those you provided to NuStar under this Agreement, in any capacity. The term “Competitor” means a company engaged in the business of transporting, selling, storing or terminalling of petroleum products or other liquids.
Scope of Noncompetition Obligation. (i) Executive acknowledges and agrees that the period commencing with the date of this Agreement and ending one (1) year following the termination or expiration of this Agreement by Executive for any reason will constitute the non-compete, non-solicit and non-divert period (the “Non-Interference Period”). During his employment and during the Non-Interference Period, Executive will not, directly or indirectly, participate in the ownership, management, operation, financing or control of, or be employed by or consult for or otherwise render services to, any Competitor in the States of New York, Minnesota, or Nebraska, or in any other state within the United States of America, or in any country in the world. The term “Competitor” means any person or entity who is engaged in the business that the Company or any subsidiary of the Company engages in at or preceding the time of termination of employment, including building and operating facilities to be used for the production of ethanol and engaging in commercial sales of ethanol.
Scope of Noncompetition Obligation. (i) Executive acknowledges and agrees that the period of twelve (12) months following the termination or expiration of this Agreement for any reason, will constitute the non-compete, non-solicit and non-divert period (the “Non-Interference Period”). During his employment and during the Non-Interference Period, Executive will not engage in duties or provide services to a Competitor which are substantially similar to those Executive provided to the Company under this Agreement, in any capacity, within the United States. The term “Competitor” means another retail business with a business model similar to the Company’s, engaged in the sale of apparel or other products similar to those sold or marketed by the Company or any product lines or lines of business under development or consideration by the Company during the Term; provided, however, a general department store that includes as less than 10% of its sales revenues merchandise competitive with that offered by the Company will not be deemed a Competitor.
