Competition clause Clause Samples

Competition clause. The provisions of the employment contract that forbid workers from working with the employer’s competitors are not binding if they are more far-reaching than necessary to protect the company from competition, or if they limit the workers’ freedom of employment in an unfair manner. In either case, each individual case has to be assessed, taking all factors into consideration. Provisions on competition may therefore not be too general in their wording. When assessing how broad competition provisions in an employment contract may be, particularly with regards to scope of applicability and to time limitations, the following aspects must be taken into consideration: a. The kind of work the employee in question does, e.g. whether he is a key employee or is in direct contact with customers or bears significant responsibilities. There is also the question of the knowledge or information the employee may have about company operations or about its customers. b. How quickly the employee’s knowledge becomes obsolete and whether reasonable parity is maintained between employees. c. The kind of operations in question, and whether there are competitors on the market where the company operates and which the employee’s knowledge covers. d. That the employee’s freedom of employment is not impaired in an unfair manner. e. That the competition provision is defined and precise for the purpose of protecting specific competition interests. f. The rewards the employee receives also has an impact,

Competition clause. The signing Company commits themselves to during the contractual period or for a period of three (3) years after its termination not to, whether directly or indirectly engage in the development, manufacture, sale or rental of any service or product, that directly or indirectly, compete with or may come to compete with the BASTA system.

Competition clause. Your employment contract will not contain a non-competition clause as referred to in Section 7: 653 of the Dutch Civil Code, unless this is necessary due to the nature of the work or local circumstances.

Competition clause. On or after January 1, 2002 and after demand for Product exceeds [ ]* kilograms per calendar year, in the event GelTex can obtain Product from a reputable source for quantities over [ ]* kilograms per calendar year and in like quality and under similar terms and conditions as set forth in this Agreement at a price which is more than [ ]* less than the then existing Contract Price, November 9, 1999 * Confidential information omitted and filed separately with the Commission then GelTex shall so notify Sals▇▇▇▇ ▇▇ writing and provide documentation of the price it has received from the reputable source; provided, however, that GelTex shall be permitted to delete the identity of the source in any documents provided. Within fifteen (15) days of the date of GelTex's notice, Sals▇▇▇▇ ▇▇▇ll notify GelTex in writing of its decision to match the price offered from the reputable source. If GelTex does not receive such notice from Sals▇▇▇▇ ▇▇▇or to the expiration of the fifteen (15) day response period, then GelTex shall be permitted to purchase amounts above [ ]* kilograms from the other reputable source during the remainder of the Initial Term or any Renewal Term; however, in no event will GelTex purchase less than [ ]* kilograms of Product from Sals▇▇▇▇ ▇▇▇ calendar year at the Contract Price for the remainder of the Term of the Agreement.

Competition clause. 3.1 No rights are granted to Lundbeck by this Agreement except for the Territory. Lundbeck shall refer all orders received for delivery of Licensed Product outside the Territory to Centaur. Centaur shall refer all orders received for delivery of Licensed Product within the Territory to Lundbeck.

Competition clause. 1.6.1 After resignation from the Company the President, YORK Refrigeration Group shall not for two years from the date of termination of this contract directly or indirectly engage in or become financially involved in any business world wide that fully or partly competes with the activities of YORK International, the Company, their subsidiaries or associated companies at the time, unless the President, YORK Refrigeration Group obtains the Chief Executive Officer's prior written consent to do so. Similarly the President, YORK Refrigeration Group shall not enter into an agreement for employment with or work for such business, and he shall not join the board of directors of such business nor become a consultant or commissioner to it. 1.6.2 The competition clause does not apply, if the President, YORK Refrigeration Group is dismissed without reasonable grounds, or if he resigns from his position due to breach of his contract on the part of the Company. 1.6.3 Infringement of the competition clause can be met by injunction without bail, and infringement entails payment of liquidated damages corresponding to the total remuneration that would have been paid to the President, YORK Refrigeration Group for a period of 6 months in accordance with item 2.1 of this contract each time such infringement takes place. If the infringement consists of the "maintenance of a condition" that is contrary to the competition clause, this amounts to one infringement per calendar month in which the infringement takes place. Payment of liquidated damages does not cancel the competition clause. If the loss suffered by the YORK Refrigeration Group and/or the Company exceeds the liquidated damages, the President, YORK Refrigeration Group is under an obligation to compensate for this loss. 1.6.4 In respect of this competition clause, the date of termination is the date up to which the President, YORK Refrigeration Group receives remuneration, etc., from the Company, regardless of whether the President, YORK Refrigeration Group has discontinued performing his duties at an earlier date.

Competition clause. 1.6.1 After resignation from the Company – irrespective of the reason thereof – the President, EMEA shall not for one year from the date of termination of this contract directly or indirectly engage in or become financially involved in any business within Europe Middle East and Africa that fully or partly competes with the activities of YORK International, the Company, their subsidiaries or associated companies at the time, unless the President, EMEA obtains the President and CEO of YORK International’s prior written consent to do so. Similarly the President, EMEA shall not enter into an agreement for employment with or work for such business, and he shall not join the board of directors of such business nor become a consultant or commissioner to it. 1.6.2 Infringement of this competition clause can be met by injunction without bail, and infringement entails payment of liquidated damages corresponding to the total remuneration that would have been paid to the President, EMEA for a period of 6 months in accordance with item 2.1 of this contract each time such infringement takes place. If the infringement consists of the “maintenance of a condition” that is contrary to the competition clause, this amounts to one infringement per calendar month in which the infringement takes place. Payment of liquidated damages does not cancel the competition clause. If the loss suffered by YORK EMEA and/or the Company exceeds the liquidated damages, the President, EMEA is under an obligation to compensate for this loss. 1.6.3 In respect of this competition clause, the date of termination is the date up to which the President, EMEA receives remuneration, etc., from the Company, regardless of whether the President, EMEA has discontinued performing his duties at a earlier date. 1.6.4 The President, EMEA will receive no additional remuneration for acceptance of this clause. 1.6.5 The President, EMEA is obliged to inform the Company about any new employment he may take one year following the date of termination of this contract.

Competition clause. If the Employee violates the Competition Clause, the Company is entitled to exercise legal action to stop the infringement and to obtain compensation for incurred damages. The Company may waive the Competition Clause unilaterally. The Competition Clause will not apply under the following conditions: • Change of ownership of the Company • Unilateral termination of the contract by the Company for any reasons other than cause as defined in §12 of Hesperion’s “Employment Agreement “General Conditions” and attached hereto as Annex B.

Competition clause. 9.1. For the duration of this Agreement neither of the Parties may engage in any kind of development activity in foam insulation for pipes that uses HNIPU binder as defined in Articles 3.4 and 7.6 which may directly or indirectly through a company or engagement of business compete with the present activities of either Party.