Direct competition as used in this section, shall mean any business that directly competes against any line of business in which Officer was actively engaged during Officer’s employment with Employer. The term “Position,” as used in this section, includes a partner, director, holder of more than 5% of the outstanding voting shares, principal, executive, officer, manager or any employment or consulting position with an entity in Direct Competition with Employer, where Officer performs any duties which are substantially similar to those performed by the Officer during Officer’s employment with Employer. Officer acknowledges that a “substantially similar” position shall include any position in which Officer might be able to utilize the valuable, proprietary and confidential information to which Officer was exposed during Officer’s employment with Employer. It is acknowledged and agreed that the scope of the clause as set forth above is essential, because (i) a more restrictive definition of “Position” (e.g. limiting it to the “same” position with a competitor) will subject the Employer to serious, irreparable harm by allowing competitors to describe positions in ways to evade the operation of this clause, and substantially restrict the protection sought by Employer, and (ii) by allowing the Officer to escape the application of this clause by accepting a position designated as a “lesser” or “different” position with a competitor, the Employer is unable to restrict the Officer from providing valuable information to such competing entity to the harm of the Employer.
Direct competition means the pres- ence and operation of a vending ma- chine or a vending facility on the same premises as a vending facility operated by a blind vendor, except that vending machines or vending facilities operated in areas serving employees the major- ity of whom normally do not have di- rect access (in terms of uninterrupted ease of approach and the amount of time required to patronize the vending facility) to the vending facility oper- ated by a blind vendor shall not be con- sidered to be in direct competition with the vending facility operated by a blind vendor.
Direct competition means the presence and operation of a vending machine or vending facility on the same premises as a vending facility operated by a licensed manager, except that vending machines or vending facilities operated in areas serving employees the majority of whom normally do not have direct access (in terms of uninterrupted ease of approach and the amount of time required to patronize the vending facility) to the vending facility operated by a licensed manager, shall not be considered to be in direct competition with the vending facility operated by a licensed manager.
Examples of Direct competition in a sentence
Direct competition shall include, but not be limited to, the design, development, production, promotion or sale of products, software, or services competitive with those of the Company or any Subsidiary.
Direct competition exists where organizations produce similar products that appeal to the same group of consumers.
Direct competition between ectomycorrhizal and saprotrophic fungi for nitrogen has also been implicated in the ‘Gadgil effect’.4The importance of ectomycorrhizas for nitrogen nutrition was recognized at an early stage [50].
Direct competition was formally hindered by the rule of non-convertibility.
Direct competition exists when an individual knows or has reason to believe that CCA would desire the material for the Permanent Collection if aware of the opportunity to acquire it.
More Definitions of Direct competition
Direct competition means the pres- ence and operation of a vending machine or a vending facility operated by an entity other than a blind manager on the same premises as a vending facility operated by a blind manag- er. Vending machines or vending facilities operated in areas serving employees, the majority of whom normally do not have direct access, in terms of uninterrupted ease of approach and the amount of time required to patronize the vending facility, to the vend- ing facility operated by a blind manager shall not be considered to be in direct competition with the vending facility that is operated by a blind manager.
Direct competition means any business that is engaged in selling the same or substantially similar services or products as the Company is selling or has plans to sell during the Term of this Agreement.
Direct competition means the ownership, development, or advising regarding the same property or property located within 30 miles to one owned by the Company or one of its subsidiaries or affiliates.
Direct competition has the meaning set forth in Section 4.5.
Direct competition means the pursuing of a research project having a molecular target in which the Company is engaged or was engaged during the period of 18 months prior to the end of his employment and where such research project is conducted using the same research route as that adopted by the Company.
Direct competition means engaging in any activity, except as provided below, for a Direct Competitor of the Company or any Subsidiary, whether as an employee, principal, agent, consultant, officer, director, partner, shareholder (except as a less than ten percent shareholder). A “Direct Competitor” shall mean (i) businesses, their subsidiaries or their respective successors and assign whose primary business activities are in direct competition with the Company’s Products and Services as of the first anniversary of the Effective Date (May 25, 2011). If Executive commences employment or becomes a principal, agent, consultant, officer, director, partner, or majority shareholder of any entity that is not a Direct Competitor at the time Executive initially becomes employed or becomes a principal, agent, consultant, officer, director, partner, or majority shareholder of the entity, future activities of such entity shall not result in a violation of this provision unless (x) such activities were contemplated by Executive at the time Executive initially became employed or becomes a principal, agent, consultant, officer, director, partner, or less than ten percent shareholder of the entity or (y) Executive commences directly or indirectly to plan, oversee or manage the activities of an entity which becomes a Direct Competitor during the Second Year of the Restriction Period, which activities are competitive with the activities of the Company or any Subsidiary.
Direct competition means the presence and operation of a vending machine in the same building as a Business Enterprise Program (BEP) small business.