Examples of Named Competitor in a sentence
Notwithstanding the foregoing, no provision in this agreement shall be construed as prohibiting a Financial Institution licensed to use the System from independently retaining a Named Competitor or Excluded Licensee to serve as its Facilities Manager.
Employee therefore agrees that, for a period of one (1) year following termination of his employment with the Company, he shall not directly or indirectly, within the State of Georgia or within a 100-mile radius of the addresses of the competitors of the Company expressly listed on Exhibit "B" ----------- hereto (the "Named Competitors"), become engaged or employed by any Named Competitor in a capacity substantially identical to the functions and duties Employee performs on behalf of the Company.
Due to the significant Background Technology that each Party brings to the Advantest Cloud as envisioned by the Parties, during the Project Term, (a) Licensee shall [***] with any third party [***] and (b) PDF shall not [***] with any Advantest Named Competitor [***].
Notwithstanding the foregoing, in the event of a direct or indirect change of control of PDF to an Advantest Named Competitor, whereafter PDF or its successor materially fails to fulfill its obligations hereunder, then Licensee’s recoverable damages for such breaches is limited to [***] in total for the initial Project Term (i.e., excluding any Renewal).
During the term of the Agreement, in the event that an Excite Named Competitor acquires FairMarket, or merges with FairMarket or acquires control of all or substantially all of FairMarket's assets, Excite may terminate the Agreement by providing ninety (90) days written notice within ninety (90) days of Excite's notification of such merger or acquisition.