Competition Restrictions Sample Clauses
A Competition Restrictions clause serves to limit a party’s ability to engage in business activities that compete with the other party, typically during and sometimes after the term of an agreement. This clause may prohibit involvement with competitors, restrict the offering of similar products or services, or prevent solicitation of clients or employees. Its core function is to protect the legitimate business interests of one party by reducing the risk of unfair competition and safeguarding confidential information or customer relationships.
Competition Restrictions. Employee may not during the Employment Period, and for a period of two years following the termination of the Employment Period, anywhere in the United States, directly or indirectly, own, manage, operate, invest in, control, be employed by, participate in, be a financial sponsor of, or be connected in any manner with the ownership, management, operation or control of any business that competes with a business conducted by Company at any time during the Employment Period or which Employee knows, during the Employment Period, that Company intends to conduct. Employee acknowledges that this restriction is necessary for Company’s welfare and protection in light of the responsibilities assigned to Employee and Employee’s status in Company, that Employee is fully and adequately compensated for this restriction.
Competition Restrictions. 8.1 As the Employee will know all the clients and business secrets of the Company, during the term of the employment and for one (1) year after the termination of the employment, for whatever the cause, the Employee may not, directly or indirectly, engage in or conduct any business or services in competition with the Company or Coty, including accept employment with or acquiring any material participating interest in any company or legal entity conducting such a competing business.
8.2 During the term of the employment and for one (1) year after the termination of the employment the Employee also agrees that he may not, directly or indirectly, for his own or any other person’s benefit solicit or encourage one or more of the Company’s or Coty Group’s customers or prospective customers or suppliers with whom the Employee has had material dealings within the 24 months prior to termination of employment, to cease business with the Company or with Coty, or, entirely or partly, transfer their custom to a business which is in competition with the Company or with Coty.
8.3 Furthermore, the Employee may not during the term of the employment and for one (1) year after the termination of the employment, directly or indirectly, encourage one or more of the Company’s or Coty’s employees with whom he has had material dealings within the 24 months prior to termination of employment to leave their employment with the Company or Coty.
8.4 In the event of any single breach of this non-competition and non-solicitation clause or of the confidentiality clause of article 7 above, the Employee shall pay to the Company a penalty of CHF 100’000 per occurrence. Furthermore, the Company shall have the right to be fully indemnified and held harmless for all losses exceeding the amount of the penalty. The payment of the penalty shall in no way relieve the Employee from his non-competition, non-solicitation and confidentiality obligations.
8.5 In addition, the Company shall have the right to request the immediate discontinuation or to prevent any repetition of a breach by the Employee of the present non-competition and non-solicitation clause or of the confidentiality obligation stated in article 7 above by means of an injunction in accordance with article 340 lit b paragraph 3 of the Swiss Code of Obligations or of any other appropriate legal remedies.
8.6 These competition restrictions shall be valid and apply for any country where the Employee has conducted directly or indirectly bu...
Competition Restrictions. A. Except as otherwise provided herein or as determined by the Board of Directors of CTI, until the later of (i) March 15, 2001, or (ii) the date Participant ceases to hold CTI stock, neither the Participant nor his/her Affiliates (as defined below) shall engage, directly or indirectly, in the United States in the business of owning or operating PET Centers (as defined below) and the Participant and his/her Affiliates shall present to the Company any and all opportunities known to the Participant and his/her Affiliate, or to which the Participant and his/her Affiliate becomes privy, and in which the Participant and his/her Affiliate has an interest in pursuing pertaining to the acquisition, ownership, or operation of, or investment in, any PET Centers in the United States. If the Company or its Affiliates are unable or fail for any reason to pursue a particular opportunity, or if the Board of Directors determines that the Company or its Affiliates shall not pursue a particular opportunity, the Participant or his/her Affiliate which presented such opportunity to the Company shall be free to pursue said opportunity without restriction, and neither the Company nor the other shareholders or their Affiliates shall have any right or interest in or with respect to such opportunity.
B. For the purposes hereof, "Affiliate" means as to any person or entity, a director of such an entity, or any other person or entity who, directly or indirectly, through one or more intermediaries, Controls or is Controlled by or under common Control with that entity. For the purposes hereof, "Control," "Controls," or "Controlled" (and derivatives thereof) means as to a corporation the right to exercise, directly or indirectly, more than 50% of the voting rights in the corporation, and as to any other entity the possession, directly or indirectly, of the power to direct or cause the direction of the management or policies of the same. For purposes hereof, "PET Center" means positron emission tomography compound manufacturing and distribution centers.
Competition Restrictions. Employee shall not, for a period of two (2) years following the date of this agreement, engage in any "competitive activity", as defined below, without first seeking and obtaining the express written approval of the Company, which approval shall not be unreasonably withheld. The Company shall respond to any request for approval by Employee within ten (10) days from its receipt of a request sent by certified mail, return receipt requested to the address specified in Section 6b (viii) hereof. In the event that the Company fails to respond within ten (10) days, the request shall be deemed approved.
Competition Restrictions. ▇▇▇▇▇▇▇▇▇ acknowledges and agrees that he remains bound by the following terms.
1. During the term of his employment and for a two (2) year period after the Xmark Closing Date (the “Restriction Period”), ▇▇▇▇▇▇▇▇▇ agrees that, without prior express written approval from the Board of Directors of VeriChip, he shall not compete with VeriChip and its affiliates by directly or indirectly engaging in VeriChip’s business within the radio-frequency identification technology market space or by engaging in any business comparable to that of VeriChip or its affiliates, either directly or indirectly, as an individual, partner, member, corporation, limited liability company, limited liability partnership, officer of a corporation or in any other capacity whatsoever at any location at which VeriChip or its affiliates conducts business and/or provides any services. If the VeriMed Business is not sold or transferred to a third party, or if the VeriMed Business is sold or transferred to ▇▇▇▇▇▇▇▇▇ or an affiliate of ▇▇▇▇▇▇▇▇▇, this competition restriction, only insofar as it applies to the VeriMed Business, will become null and void.
2. ▇▇▇▇▇▇▇▇▇ acknowledges that the restrictions contained in Sections ▇▇▇▇▇, ▇▇▇▇▇, ▇▇▇▇▇, ▇▇▇▇▇ and IIIB5, in view of the nature of the activities in which VeriChip and its affiliates are engaged, are reasonable and necessary in order to protect the legitimate interests of VeriChip and its affiliates, and that any violation thereof would result in irreparable injuries to VeriChip and/or its affiliate(s), as the case may be. ▇▇▇▇▇▇▇▇▇, therefore acknowledges that, in the event of the violation of any of these restrictions, VeriChip shall be entitled to obtain from any court of competent jurisdiction preliminary and permanent injunctive relief, as well as attorney’s fees and costs, damages and an equitable accounting of all earnings, profits and other benefits arising from such violation, which rights shall be cumulative, and in addition to any other rights or remedies to which VeriChip may be entitled.
3. ▇▇▇▇▇▇▇▇▇ agrees that the restrictions contained in Sections ▇▇▇▇▇, ▇▇▇▇▇, ▇▇▇▇▇, ▇▇▇▇▇ and IIIB5 represent an essential element of ▇▇▇▇▇▇▇▇▇’▇ compensation during the term of his employment, and, but for ▇▇▇▇▇▇▇▇▇’▇ agreement to comply with such restrictions, VeriChip would not have employed ▇▇▇▇▇▇▇▇▇.
Competition Restrictions. From April 1, 2006 through March 31, 2007, ▇▇. ▇▇▇▇▇▇ agrees he will not directly or indirectly, personally engage in, nor own, manage, operate, join, control, consult with, participate in the ownership, operation or control of, or be employed by any of the companies listed on Exhibit A of this Agreement, unless he has received express written consent by the Chief Executive Officer of ATK. In such event, ATK may provide to such company written notice of any confidentiality or non-disclosure agreements ▇▇. ▇▇▇▇▇▇ has with ATK.
Competition Restrictions. For a one year period following his Termination Date, ▇▇. ▇▇▇▇▇▇▇▇▇ agrees he will not directly or indirectly, personally engage in, nor own, manage, operate, join, control, consult with, participate in the ownership, operation or control of, be employed by any person or entity that develops, manufactures, distributes, markets or sells services or products competitive with those that ATK manufactures, markets or sells to any customer anywhere in the world. This restriction includes but is not limited to those companies listed on Exhibit A to this Agreement. If during this restricted period ▇▇. ▇▇▇▇▇▇▇▇▇ wishes to obtain employment, he agrees to meet and confer in good faith with ATK prior to accepting such employment. ▇▇. ▇▇▇▇▇▇▇▇▇ will provide ATK with the name of any potential future employer and give ATK the right to provide a copy of this provision to said potential employer.
Competition Restrictions. 26 17. Medical Information and Reporting.........................................27 18. Notices...................................................................28 19.
Competition Restrictions. To the Company’s Knowledge, no service provider of the Company is in violation of any written agreement with a former employer or other entity relating to the disclosure or use of trade secrets or proprietary information.
Competition Restrictions. 8.1 As the Employee will know all the clients and business secrets of the Company, during the term of the employment and for one (1) year after the termination of the employment, for whatever the cause, the Employee may not, directly or indirectly, engage in or conduct any business or [initials] [initials] [initials] services in competition with the Company or Coty, including accept employment.; with or acquiring-any material participating interest in any company or legal entity conducting such a competing business.
8.2 During the term of the employment and for one (1) year after the termination of the employment the Employee also agrees that he may not, directly or indirectly, for his own or any other person's benefit solicit or encourage one or more of the Company's or Coty Group's customers or prospective customers or suppliers with whom the Employee has had material dealings within the 24 months prior to termination of employment , to cease business with the Company or with Coty, or, entirely or partly, transfer their custom to a business which is in competition with the Company or with Coty.
8.3 Furthermore, the Employee may not during the term of the employment and for one (1) year after the termination of the employment, directly or indirectly, encourage one or more of the Company’s or Coty's employees with whom he has had material dealings within the 24 months prior to termination of employment to 1eave their employment with the Company or Coty.