Common use of Competing Business Restrictions Clause in Contracts

Competing Business Restrictions. Establish, own, manage, operate, finance or control, or participate in the establishment, ownership, management, operation, financing or control of, any Person that conducts a business directly competitive with all or any part of the Division's business. The foregoing notwithstanding, Seller shall be permitted to (i) continue operating its customer care consulting business ( including its information gathering and survey activities) conducted by its TARP division, (ii) provide limited market research services to its customers which are ancillary to other services provided pursuant to telemarketing contracts with its customers so long as such market research services do not exceed ten percent (10%) of the overall services to be provided under such contracts, and (iii) provide up to a maximum of $1,000,000 in each year, exclusive of clauses (i) and (ii), of non-analytical information gathering and survey services without such being a violation of the Covenants, provided that Seller shall not expand or in any way reenter the business previously conducted by the Division. Nothing shall prevent Seller from acquiring other companies engaged in the customer care business similar to that conducted by Seller's TARP division, so long as Seller, following such acquisitions, remains in compliance with the restrictions of this Agreement.

Competing Business Restrictions. Establish, own, manage, ------------------------------- operate, finance or control, or participate in the establishment, ownership, management, operation, financing or control of, any Person that conducts a business directly competitive with all or any part of the Division's business. The foregoing notwithstanding, Seller shall be permitted to (i) continue operating its customer care consulting business ( including its information gathering and survey activities) conducted by its TARP division, (ii) provide limited market research services to its customers which are ancillary to other services provided pursuant to telemarketing contracts with its customers so long as such market research services do not exceed ten percent (10%) of the overall services to be provided under such contracts, and (iii) provide up to a maximum of $1,000,000 in each year, exclusive of clauses (i) and (ii), of non-analytical information gathering and survey services without such being a violation of the Covenants, provided that Seller shall not expand or in any way reenter the business previously conducted by the Division. Nothing shall prevent Seller from acquiring other companies engaged in the customer care business similar to that conducted by Seller's TARP division, so long as Seller, following such acquisitions, remains in compliance with the restrictions of this Agreement.