Subsequent to Employment. For a two year period following the termination of Employee's employment for any reason or without reason, Employee shall not in any capacity (whether in the capacity as an employee, officer, director, partner, manager, consultant, agent or owner (other than a minority shareholder or other equity interest of not more than 1% of a company whose equity interests are publicly traded on a nationally recognized stock exchange or over-the-counter), directly or indirectly advise, manage, render or perform services to or for any person or entity which is engaged in a business competitive to that of the Company or any of its subsidiaries within any geographical location wherein the Company or any of its subsidiaries produces, sells or markets its goods and services at the time of such termination or within a one-year period prior to such termination.
Subsequent to Employment. For a two year period following the termination of Employee’s employment for any reason or without reason, Employee shall not in any capacity (whether in the capacity as an employee, officer, director, partner, manager, consultant, agent or owner (other than a minority shareholder or other equity interest of not more than 1% of a company whose equity interests are publicly traded on a nationally recognized stock exchange or over-the-counter), directly or indirectly advise, manage, render or perform services to or for any person or entity which is engaged in a business competitive to that of the Company or any of its subsidiaries (including without limitation those businesses listed in Exhibit A attached hereto) within any geographical location wherein the Company or any of its subsidiaries produces, sells or markets its goods and services at the time of such termination or within a one-year period prior to such termination.
Subsequent to Employment. Except as described in paragraph (c) below, for a two year period following the termination of Employee’s employment for any reason or without reason, Employee shall not in any capacity (whether in the capacity as an employee, officer, director, partner, manager, consultant, agent or owner (other than a minority shareholder or other equity interest of not more than 1% of a company whose equity interests are publicly traded on a nationally recognized stock exchange or over-the-counter), directly or indirectly advise, manage, render or perform services to or for any person or entity which is engaged in a business competitive to that of the Company or any of its subsidiaries (including without limitation those businesses listed in Appendix A to the form of stock option agreement attached hereto as Exhibit A) within any geographical location wherein the Company or any of its subsidiaries produces, sells or markets its goods and services at the time of such termination or within a one-year period prior to such termination.
Subsequent to Employment. After expiration or termination of this Agreement, Executive agrees not to compete with the Company for a period of two (2) years in the area of applying diagnostic imaging technology or OCT in the dental field or disclose the Company’s Proprietary Information as described in Section 1. All Company material generated by Executive during employment will be surrendered to the Company as described Section 4. In addition, Executive shall not in any capacity (whether in the capacity as an Executive, officer, director, partner, manager, consultant, agent or owner (other than a minority shareholder or other equity interest of not more than 1% of a company whose equity interests are publicly traded on a nationally recognized stock exchange or over-the-counter), directly or indirectly advise, manage, render or perform services to or for any person or entity which is engaged in a business competitive to that of the Company or any of its subsidiaries.
Subsequent to Employment. For a period of: (i) twelve (12) months following the termination of Employee’s employment for any reason or without reason; or (ii) twenty four (24) months following the date of the Acquisition Agreement, whichever is greater: Employee shall not in any capacity, whether in the capacity as an employee, officer, director, partner, manager, consultant, agent or owner, directly or indirectly advise, manage, render or perform services to or for any person or entity which is engaged in a business competitive to that of the Company or Parent or any of its subsidiaries and agrees not to solicit any Company or Parent or any of its subsidiaries business contacts, including but not limited to, the Company or Parent or any of its subsidiaries’ customers, clients, vendors, employees, and independent contractors; provided, however, the Company and Employee agree that Employee is permitted to conduct business and compete in the civil aircraft industry, and that such conduct will not constitute a violation of the provisions of this Agreement.
Subsequent to Employment. For a period of one year following the termination of Employee’s employment for any reason or without reason, Employee shall not in any capacity, whether in the capacity as an employee, officer, director, partner, manager, consultant, agent or owner, directly or indirectly advise, manage, render or perform services to or for any person or entity which is engaged in a business competitive to that of the Company or any of its subsidiaries and agrees not to solicit any customer or prospective customer of the Company or any of its subsidiaries.
Subsequent to Employment. For a two (2) year period following the termination of Employee’s employment for any reason or without reason, Employee shall not in any capacity (whether in the capacity as an employee, officer, director, partner, manager, consultant, agent or owner (other than a minority shareholder or other equity interest of not more than 1% of a company whose equity interests are publicly traded on a nationally recognized stock exchange or over-the-counter)), directly or indirectly advise, manage, render or perform services to or for (i) any person or entity which is engaged in a business competitive to that of the Company or any of its subsidiaries (including without limitation those businesses listed in Appendix A to the 2022 Option Agreement) within any geographical location wherein the Company or any of its subsidiaries produces, sells or markets its goods and services at the time of such termination or within a one-year period prior to such termination or (ii) any Significant Retailer. For purposes of this Agreement, “Significant Retailer” means those retailers identified in Appendix A to the 2022 Option Agreement under the heading “RETAILERS.” Employee acknowledges that the Significant Retailers may now or in the future compete directly or indirectly with the Company, and that, whether or not a Significant Retailer competes directly with the Company, the Employee because of his knowledge of the industry and his knowledge of confidential information about the Company’s commercial relationships with many large retailers, including one or more of the Significant Retailers, could damage the Company’s competitive position and business if he worked with a Significant Retailer in any of the capacities described above.
Subsequent to Employment. In consideration for Employer’s employment of Employee pursuant to the terms of this Agreement. Employee agrees that upon termination of employment for Cause by Employer or by Employee, Employee shall not, directly or indirectly, enter into or engage in direct or indirect competition with Employer in Texas, Georgia or California, where Employer conducts business, as a partner, joint venturer, director, officer, employee, agent, consultant, owner or shareholder of a competing business for a period of 12 months thereafter. Employee acknowledges that Employer would not have employed Employee in the position and with the compensation and benefits provided Employee hereunder, but for Employee’s agreement to this covenant. The parties expressly intend to enter into a binding and enforceable covenant not to compete. If the scope of this covenant as written is subsequently found to be broader than is permitted by the Governing Law, then the covenant shall be deemed binding and enforceable to the maximum extent then allowed by the Governing Law.
Subsequent to Employment. For a one (1) year period following the termination of Employee's employment for any reason or without reason, Employee shall not in any capacity (whether in the capacity as an employee, officer, director, partner, manager, consultant, agent or owner, other than a minority shareholder or other equity interest of not more than 1% of a company whose equity interests are publicly traded on a nationally recognized stock exchange or over-the-counter), directly or indirectly advise, manage, render or perform services to or for any person or entity which is engaged in a business competitive to that of Tempur-Pedic, the Company or any of their subsidiaries (including without limitation any retailer that does not sell Sealy and/or Tempur-Pedic products or those businesses listed on Exhibit A attached hereto) within any geographical location wherein Tempur-Pedic, the Company or any of their subsidiaries produces, sells or markets its goods and services at the time of such termination or within a one (1) year period prior to such termination.
Subsequent to Employment. For a period of: (i) one year following the termination of Employee’s employment for any reason or without reason, Employee shall not in any capacity, whether in the capacity as an employee, officer, director, partner, manager, consultant, agent or owner, directly or indirectly advise, manage, render or perform services to or for any person or entity which is engaged in a business competitive to that of the Company or any of its subsidiaries and agrees not to solicit any Company or any of its subsidiaries business contacts, including but not limited to, the Company or any of its subsidiaries’ customers, clients, vendors, employees, and independent contractors.
