Examples of Non-compete provision in a sentence
By the clear and explicit terms of the contracts between LFREI and ARV, as of December 1, 1997, ARV's Amended Consent Rights Provision and the Amended Non-Compete Provision terminated by operation of contract.
As stated in the cover letter to this Agreement, the Company has provided the Employee with written notice of its election to waive the provisions of Section 6 (Non-Compete Provision) of the Employee’s Employee Confidential Information and Invention Assignment Agreement (the “Covenants Agreement”) and the non-compete provisions set forth in Section A of the Stock Option Agreement.
The Company hereby further agrees that the attribution of a value to the Non-Compete Provision shall be made by a “Big Four” accounting firm selected by Executive; provided that if such accounting firm is also serving as accountant or auditor for the individual, entity or group effecting the change in control transaction, the Company and Executive shall appoint a different nationally recognized accounting or valuation firm per their mutual agreement.
Therefore, on December 1, 1997, by operation of contract, the Amended Non-Compete Provision (Section 5.1 of the Amended Stockholders Agreement) terminated and LFREI and its affiliates were free to invest in any other assisted living company without ARV's consent.
At the time that Kapson was identified as a potential investment, the Non-Compete Provision of the original Stockholders Agreement between LFREI and ARV was in place.
If Emeritus or any other party took control of ARV, either through an acquisition or a successful proxy fight, LFREI would have found itself in the unhappy position of being locked into an investment controlled by a stranger to the July transaction and, notably, to the Non-Compete Provision of Section 5.1 of the July 14, 1997, Stockholders Agreement.
Thus, in the revised transaction, the operation of the Amended Non-Compete Provision was clearly and explicitly linked to the Amended Kapson Agreement.
This severance payment will be conditioned on your execution and nonrevocation (if applicable) of a release of claims in a form acceptable to the Company, as well as your compliance with the Non-Compete Provision set forth in Section 2.3 of the Supplemental Executive Retirement Agreement (SERP) between you and the Company, described in Paragraph 10 hereof.
Failing such mutual settlement, a dispute, controversy, difference or claim shall exclusively and finally be settled by confidential arbitration to be held in New York City, in accordance with the rules of the American Arbitration Association then in effect, except as discussed below in the section, "Enforcing the Non-Compete Provision." There shall be three arbitrators, one selected by Finder, one selected by Immtech and the third selected by the two so selected.
Payments shall be paid to Employee under the SERP in accordance with the terms thereof notwithstanding the provisions of Section 5.7.1 (relating to Non-Compete Provision), which are hereby expressly waived.