While Xx. Xxxxx Enterprises presently supervises and grants its own merchandise licenses, if it decides to grant broad multiple category merchandise licensing rights to an unrelated third party, MCA will have a first right to negotiate to exploit such merchandising rights. Additionally, from time to time, MCA may make presentations to Xx. Xxxxx Enterprises with a goal of entering into a licensing relationship for specific categories of merchandise. The foregoing shall in no way be construed to limit Xx. Xxxxx Enterprises' rights to continue to grant licenses to such third parties and for such categories of merchandise as it shall select in its discretion subject to the licenses granted to MCA hereunder.
While Xx. Xxxxxx works to assure fair treatment for all participants and attempts to anticipate problems, there will be occasional issues that may require intervention and/or action on her part. If, as a student, you have a complaint regarding: • The speaker, including their style of presentation or response interaction with a student • Other students in class • The information /content being taught • The class facilities or distance learning media • Business policies of Xx. Xxxxxx or OINC Those complaints may be communicated to us in any or all of the following ways: • In writing or orally to Xx. Xxxxxx • In writing or orally to the Executive Assistant. In this instance, the student may optionally request that their identity be protected and not shared with Xx. Xxxxxx or any other named party. Under these circumstances, the Executive Assistance will ensure the student’s confidentiality when handling the complaint. • There may be some instances where Xx. Xxxxxx or her Executive Assistant require that the complaint be made in writing and signed by the student, for record keeping purposes.
While Xx. Xxxxx is employed hereunder, he shall use his best efforts to make available to his employers and their affiliates any business opportunities that come to his attention or to the attention of persons (other than natural persons) under his control.
While Xx. Xxxxxx is being compensated in accordance with the provisions of this Agreement, Xx. Xxxxxx shall not act in a disloyal manner inimical to Oxy or accept employment with, or act as a consultant for, or perform services for any person, firm or corporation engaged in any business competitive with Oxy without the prior written consent of Oxy.
While Xx. Xxxxxxxxxx is employed under this agreement and for a period of two years thereafter (the "Non-Compete Period"), Xx. Xxxxxxxxxx agrees that he shall not compete with any employer under this agreement or any affiliate of any employer without the prior written consent of the board of directors of IGMC, or its successor, or, in lieu thereof, by the board of directors of each entity of which Xx. Xxxxxxxxxx is then or was employed, as the case may be, under this agreement. For purposes of this agreement, the term "compete" shall mean (i) participating as a more than five (5%) percent stockholder, or as an officer, director, employee, partner, agent, consultant, or in any other individual or representative capacity (excluding as an attorney-at-law) in or with respect to any business entity which owns, has a license to use, or uses Thermoselect or Xxxxx technology or any technology used primarily in connection with the conversion of solid waste into energy for purposes of electric generation (collectively "Competing Business") within North American and/or the Caribbean; or (ii) employing or soliciting for employment any employees of any employer under this agreement; or (iii) contacting, directly or indirectly, any potential customer regarding any business relating to waste disposal, (A) to which any employer under this agreement or its affiliate(s) made a proposal during the Term, (B) which issued to any employer under this agreement, or disclosed to any such employer, plans to issue, during the Term a request or proposal for invitations for bids related to waste disposal facilities or, (C) about which a prospective project was reported or advertised during the Term in either of the trade publications The Resource Recovery Report or Sludge; provided, however, that such contact is with respect to such potential customer's activities within North American and/or the Caribbean. In the event the restrictions against engaging in a competitive activity contained in this subsection D shall be determined by any court of competent jurisdiction to be unenforceable by reason of their extending for too great a period or over too large a geographical area or by reason of their being too extensive in any other respect, this subsection D shall be interpreted to extend only for the maximum period for which it may be enforceable, the maximum geographical area to which it may be enforceable and to the maximum extent in other respects as may be enforceable, all as determined by su...
While Xx. Xxxxxxx is employed by the Company, and for a period of two (2) years following his termination whether such termination was voluntary or involuntary, with or without cause, and within the States in which the Company operates the Business, Xx. Xxxxxxx agrees to the following:
While Xx. Xxxxxxxxx Xxxxxx’x title for internal recordkeeping purposes within Novell will be Sr. Vice President-EMEA, the Company agrees that Xx. Xxxxxxxxx Xxxxxx may use the title President-EMEA for external purposes.
While Xx. Xxxxxxx shall not be obligated to seek other employment or take any other action by way of mitigation of the amounts payable to him hereunder, the amount of any payments and benefits provided for in this Agreement shall be reduced by 100% of any benefits and earned income which are earned by Xx. Xxxxxxx for services rendered to persons or entities other than the Company during or with respect to the 18-month period after the Date of Termination, all as set forth in paragraph VI of the Employment Agreement.
While Xx. X'Xxx is employed at-will, if NMG terminates Xx. X'Xxx'x employment other than "for cause" or other than due to "total disability" or death, NMG agrees to provide Xx. X'Xxx with a termination package consisting of (a) an amount equivalent to 1.5 times her then-current annual base salary, less required withholding, which amount would be paid over an 18-month period in regular, bi-weekly installments following such termination; and (b) continuation of the medical and dental insurance coverage in which she participates at the time of such termination (or as such coverage may be changed from time-to-time for employees generally) for 18 months or until she starts full-time employment, whichever is sooner. Xx. X'Xxx will be responsible for paying her portion of monthly premiums for the medical and dental insurance coverage at the same rate paid by active employees, and Xx. X'Xxx authorizes NMG to deduct such amounts from the payments it makes to her. For the purposes of determining whether or not NMG has terminated the Executive's employment, any material, adverse change in the terms and conditions of her employment (including the relocation of Executive's place of business 50 miles or more from the current location), which change causes the Executive to resign her employment, will be deemed a termination.
While Xx. Xxxxx is employed under this agreement and for a period of one year thereafter (the "Non-Compete Period"), Xx. Xxxxx agrees that he shall not compete with any employer under this agreement or any affiliate of any employer without the prior written consent of the board of directors or IGMC, or its successor, or, in lieu thereof, by the board of directors of each entity of which Xx. Xxxxx is then or was employed, as the case may be, under this agreement. For purposes of this agreement, the term "compete" shall mean participating as a more than five (5%) percent stockholder, or as an officer, director, employee, partner, agent, consultant, or in any other individual or representative capacity (excluding as a CPA) in or with respect to any homebuilding entity which competes with AFH in the same geographic areas and housing product in the business of building homes. In the event the restrictions against engaging in a competitive activity contained in this subsection D shall be determined by any court of competent jurisdiction to be unenforceable by reason of their extending for too great a period or over too large a geographical area or by reason of their being too extensive in any other respect, this subsection D shall be interpreted to extend only for the maximum period for which it may be enforceable, the maximum geographical area to which it may be enforceable and to the maximum extent in other respects as may be enforceable, all as determined by such court. Xx. Xxxxx acknowledges that a breach of the restrictions contained in this subsection D may cause irreparable injury to one or more employers under this agreement, the amount of which may be difficult to ascertain, and that remedies at law for such breach may be inadequate. Accordingly, Xx. Xxxxx and the employers under this agreement agree that if Xx. Xxxxx is found to have breached the restriction contained in this subsection D, any employer under this agreement, or its affiliates shall be entitled to equitable relief, including but not limited to injunctive relief, without posting bond or other security.
