Competitive Clause Samples
The Competitive clause is designed to address situations where one party may engage in activities that compete with the other party’s business interests. Typically, this clause restricts or regulates the ability of a party to participate in similar markets, offer competing products, or solicit customers from the other party during the term of the agreement and sometimes for a period afterward. By setting clear boundaries on competitive behavior, the clause helps protect proprietary interests and market position, thereby reducing the risk of unfair competition or conflicts of interest.
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Competitive. Seniority for competitive class employees shall be in accordance with Civil Service Law.
Competitive integrated employment means work that:
a. Is performed on a full-time or part-time basis (including self-employment) and for which an individual is compensated at a rate that:
1. Is not less than the higher of the rate specified in section 6(a)(1) of the Fair Labor Standards Act of 1938 (29 U.S.C. 206(a)(1)) or the rate required under the applicable State or local minimum wage law for the place of employment;
2. Is not less than the customary rate paid by the employer for the same or similar work performed by other employees who are not individuals with disabilities and who are similarly situated in similar occupations by the same employer and who have similar training, experience, and skills; and
3. In the case of an individual who is self-employed, yields an income that is comparable to the income received by other individuals who are not individuals with disabilities and who are self-employed in similar occupations or on similar tasks and who have similar training, experience, and skills; and
4. Is eligible for the level of benefits provided to other employees; and
b. Is at a location:
1. Typically found in the community; and
2. Where the employee with a disability interacts for the purpose of performing the duties of the position with other employees within the particular work unit and the entire worksite, and, as appropriate to the work performed, other persons (e.g., customers and Contractors), who are not individuals with disabilities (not including supervisory personnel or individuals who are providing services to such employee) to the same extent that employees who are not individuals with disabilities and who are in comparable positions interact with these persons; and
3. Presents, as appropriate, opportunities for advancement that are similar to those for other employees who are not individuals with disabilities and who have similar positions.
Competitive. (a) The contract will be prepared in accordance with 14.408–1(d), except that appropriate blocks on the Standard Form 26 or 1442 will be asterisked and a continuation sheet appended as a tri- partite agreement which includes the following:
(1) The agency contracting activity, prime contract number, name of agen- cy contracting officer, and lines for signature, date signed, and effective date.
(2) The SBA office, the SBA sub- contract number, name of the SBA contracting officer and lines for signa- ture and date signed.
(b) The process for obtaining signa- tures shall be as specified in 19.811– 1(b)(4). [54 FR 46005, Oct. 31, 1989, as amended at 60 FR 34739, July 3, 1995; 62 FR 233, Jan. 2, 1997; 64 FR 32745, June 17, 1999]
Competitive. Submit the offering letter for competitive 8(a) requirements to the SBA District Office that services the geographical area where the DHS’s contracting activity is located. For competitive requirements to be performed overseas, submit the offering letters to the Division of Management and Technical Assistance at the SBA’s Headquarters via email at ▇▇▇▇@▇▇▇.▇▇▇.
Competitive. Bid Loans shall constitute Revolving Credit Loans for all purposes of this Agreement, except that Competitive Bid Loans shall not constitute usage of the Aggregate Commitment for purposes of Section 1.7 hereof. Each Bank may make such Competitive Bid Loans to the Company, subject to the terms and conditions hereof, in such amounts as such Bank, in its sole discretion, desires to make to the Company. Notwithstanding any contrary provision of Section 1.1, the aggregate outstanding amount of Competitive Bid Loans made against the Aggregate Revolver Commitment shall reduce each Bank's Revolver Commitment pro rata in accordance with its respective Percentage Interest, regardless of which Bank makes such Competitive Bid Loans. The procedure for making Competitive Bid Loans shall be as follows:
(a) The Company may make requests for bids from the Banks to make Competitive Bid Loans ("Competitive Bids") not later than 9:00 a.m., Milwaukee time, on the proposed Borrowing Date for one or more Competitive Bid Loans. Each such request shall be given directly to each of the Banks, shall be given in writing (which may be a facsimile transmission) signed by the Company, and shall specify (i) the proposed Borrowing Date, which shall be a Business Day, (ii) the aggregate amount of the requested Competitive Bid Loans, which shall not be less than $1,000,000 or, for amounts in excess thereof, an integral multiple of $100,000), (iii) the interest period for each Competitive Bid Loan ("Loan Period"), which shall commence on the applicable Borrowing Date and end on a specified date thereafter not earlier than five days nor later than 30 days from such Borrowing Date (up to three (3) Loan Periods may be requested pursuant to each Competitive Bid), and the last day of each such Loan Period, and (iv) if more than one Loan Period is so specified, the principal amount allocable to each such Loan Period.
(b) Each Bank in its sole discretion may (but is not obligated to) submit one or more Competitive Bids to the Company not later than 11:00 a.m., Milwaukee time, on the proposed Borrowing Date specified in such request for Competitive Bids (such 11:00 a.m. time being herein called the "Submission Deadline"), by facsimile or in writing, and thereby irrevocably offer to make all or any part (any such part referred to as a "Portion") of any Competitive Bid Loan described in the relevant request for Competitive Bids at a fixed rate of interest per annum (each a "Bid Rate") specified therei...
Competitive. Bid Advances shall be evidenced by the Notes. Each Competitive Bid Advance shall be repaid in full by the Borrower on the last day of the Interest Period applicable thereto.
Competitive. Job rotation/developmental opportunities which are designated by management as competitive will be filled in a competitive manner. Recruitment notices for such opportunities will receive the widest reasonable distribution within the Agency. Recruitment notices shall contain: job description, basic qualifications, length of assignment, and deadline to apply. Agencies have the discretion to limit advertising to employees within a specific geographic area or Division/program. Any employee who was interviewed may request and shall receive in writing an explanation of the reasons they were not selected.
Competitive. Bid Loans shall be evidenced by the Competitive Bid Notes. In no event shall the aggregate of all Competitive Bid Loans outstanding at any time exceed 50% of the Aggregate Commitment.
Competitive i) Market Share Goal and trend
ii) Advertising Share of Voice Goal and trend
Competitive. Bid Loans shall not be prepaid except as may be agreed by the Borrower and the affected Lender.