Competitive Position Sample Clauses

The Competitive Position clause is designed to protect a party’s market standing and business interests by restricting certain actions that could undermine its competitive advantage. Typically, this clause may prevent the other party from engaging in activities such as working with direct competitors, disclosing sensitive information, or using proprietary knowledge gained through the agreement to compete unfairly. Its core function is to safeguard the unique value or market edge of a business, thereby reducing the risk of losing competitive ground due to the relationship or transaction.
Competitive Position. Findings from the Discovery phase will be used to summarize Sauk County’s competitive position. In addition to considering strengths, weaknesses, opportunities, and threats that emerge from this work, our analysis will highlight factors that differentiate the area from the competition and situate the county within the Madison area. The results will suggest potential opportunities and strategic growth areas that will drive our work in subsequent phases.
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Competitive Position. During the applicable period of time following the Date of Termination, this covenant shall bind Executive only with respect to Executive's activities in the Restricted Territory or with respect to any business entity that is engaged in the Business in the Restricted Territory.
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Competitive Position. ▇▇▇▇▇▇ has a similar competitor landscape as Gentiva for its Home Health and Hospice segments.
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Competitive Position. “Competitive Position” means a position held by Executive that involves duties that are the same as or substantially similar to the duties Executive performed for the Corporation, Bank, or any of their Affiliates within the twenty-four (24) months prior to Executive’s violation of Section 15, or if such violation occurs after the termination of Executive’s employment hereunder, within the twenty-four (24) months prior to the Date of Termination.
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Competitive Position. These four key indicators are used to conduct a thoughtful and responsible evaluation of recreation services the City’s Recreation Department provides or may provide in the future. This revolutionary process is leading agencies across the country to “do things right”, delivering higher-quality services in a focused way, reducing wasteful, unnecessary duplication and investing in those services which align with community values, meet a community need, or provide an opportunity for return on investment. Questions that must be addressed throughout the process (detailed on the following page) direct the City to make informed recommendations concerning current offerings and ultimately, act as a standard for future service development and delivery. The SAFS process is fast becoming the new, cutting-edge business model for public parks and recreation – one that guides agencies towards increased revenues, cost savings, staff optimization and financial resilience. 1. What is the total cost to provide the service? Per person? 2. What is the current cost recovery level of the service? 3. Does it meet current cost recovery goals? If no, why? o Is the target market interested enough (based upon current expressed interest and participation) that there would be allowance for fee increases? o Are there opportunities to solicit sponsorships? o Are grants readily available? o Are donations a realistic option? o Can you reduce personnel costs by enlisting the service of volunteers? o Do potential partners exist? Could the agency partner to provide the service while investing less resource? 4. How much tax subsidy is required to provide the service? Per person?
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Competitive Position. Competitive Position means (1) the direct or indirect ownership or control of all or any portion of a Competitor; (2) any employment or independent contractor arrangement with any Competitor whereby Executive will serve such Competitor in any managerial capacity.
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Competitive Position. 48 Competitor............................................................48
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Competitive Position. In this Article 3:
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Competitive Position. In June ▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ Company announced that it was spinning off its battery company segment. According to the Form 10-12b filed in October 1999, the new company (Energizer Holdings, Inc.) is expected to start trading on the New York Stock Exchange in April 2000. We do not believe this spin-off a) will create any more favorable market conditions for Energizer than before the spin-off and b) will have a significant adverse impact on our financial performance. SEASONAL PRODUCT SALES Our sales are seasonal. Our highest sales occur in the fiscal quarter ending on or about December 31 during the holiday season. In the quarter ending September 30, 1999, our sales included approximately $15.8 million of sales from the consumer battery business we acquired from ROV Limited. Our lowest sales occur in the fiscal quarter ending on or about March 30. During the past three completed fiscal years, our sales in the quarter ended on or about December 31 have represented an average of 31% of annual net sales. As a result of this seasonality, our working capital requirements and revolving credit borrowings are typically higher in the third and fourth calendar quarters of each year. The following table sets forth our net sales for each of the periods presented. FISCAL YEAR (IN MILLIONS) FISCAL QUARTER ENDED 1997 1998 1999 December.................................................... $141.9 $150.0 $160.5 March....................................................... 83.6 96.1 111.0 June........................................................ 95.5 111.1 120.4 September................................................... 111.5 138.6 172.4 RESULTS OF OPERATIONS The following table sets forth the percentage relationship of certain items in our statement of operations to net sales for the periods presented: SEPTEMBER 30, SEPTEMBER 30, SEPTEMBER 30, 1997 1998 1999 ------------- ------------- ------------- Net Sales.............................................. 100.0% 100.0% 100.0% Cost of goods sold..................................... 54.3 52.1 52.3 Gross profit........................................... 45.7 47.9 47.7 Selling expenses....................................... 28.2 30.0 28.4 General and administrative expense..................... 6.9 6.8 6.8 Research and development expenses...................... 1.9 1.7 1.5 Other special charges.................................. 0.7 1.3 1.5 Income from operations................................. 8.0% 8.2% 9.5% FISCAL YEAR ENDED S...
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Related to Competitive Position

  • Competitive Business “Competitive Business” shall mean an enterprise that is in the business of offering banking products and/or services, which services and/or products are similar or substantially identical to those offered by the Bank during Executive’s employment with the Bank.

  • Competitive Activities (a) The Executive agrees and acknowledges that by virtue of his employment hereunder, he will maintain an intimate knowledge of the activities and affairs of the Employer, including trade secrets, plans, business plans, strategies, projections, market studies, customer information, employee records and other internal proprietary and confidential information and matters (collectively “Confidential Information”). As a result, and also because of the special, unique and extraordinary services that the Executive is capable of performing for the Employer or one of its competitors, the Executive recognizes that the services to be rendered by him hereunder are of a character giving them a peculiar value, the loss of which cannot be adequately or reasonably compensated for by damages. (b) Except for the purpose of carrying out his duties hereunder, the Executive will not remove or retain, or make copies or reproductions of, any figures, documents, records, discs, computer records, calculations, letters, papers, or recorded or documented information of any type or description relating to the business of the Employer. The Executive agrees that he will not divulge to others any information (whether or not documented or recorded) or data acquired by him while in the Employer’s employ relating to methods, processes or other trade secrets or other Confidential Information. (c) The Executive agrees that the Employer is, and shall be, the sole and exclusive owner of all improvements, ideas and suggestions, whether or not subject to patent or trademark protection, and all copyrightable materials which are conceived by the Executive during his employment, which relate to the business of the Employer, which are confidential, or which are not readily ascertainable from persons or other sources outside the Employer. (d) Unless the Executive’s employment is terminated in connection with or following a Change in Control, then for a period of one year after the termination of employment, the Executive shall not, directly or indirectly, solicit, induce, encourage or attempt to influence any client, customer or employee of the Employer to cease to do business with, or to terminate any employee’s employment with, the Employer. The Executive shall not be subject to any of the limitations set forth in the preceding sentence if the Executive’s employment is terminated in connection with or following a Change in Control. (e) The Executive agrees that during the term of his employment hereunder, except with the express consent of the Employer, he will not, directly or indirectly, engage or participate in, become a director of, or render advisory or other services for, or in connection with, or become interested in, or make any financial investment in any firm, corporation, business entity or business enterprise competitive with or to any business of the Employer; provided, however, that the Executive shall not thereby be precluded or prohibited from owning passive investments, including investments in the securities of other financial institutions, so long as such ownership does not require him to devote substantial time to management or control of the business or activities in which he has invested. Notwithstanding anything to the contrary contained in this Agreement, during the term of this Agreement, the Executive shall have no employment contract or other written or oral agreement concerning employment as an officer of a savings bank or any other financial institution or financial institution holding company nor with any other entity or person other than the Bank or the Corporation. The provisions of this Section 9(e) shall not be applicable if the Executive’s employment is terminated in connection with or following a Change in Control. (f) The Employer shall be entitled to immediate injunctive or other equitable relief to restrain the Executive from failing to comply with any obligation under this Section 9 or from rendering his services to persons or entities than the Employer, in addition to any other remedies to which the Employer may be entitled under law. The right to such injunctive or other equitable relief shall survive the termination by the Employer of the Executive’s employment. (g) The Executive acknowledges that the restrictions contained in this Section 9 are reasonable and necessary to protect the legitimate interests of the Employer and that any violation thereof would result in irreparable injuries to the Employer. The Executive acknowledges that, if the Executive violates any of these restrictions, the Employer is entitled to obtain from any court of competent jurisdiction, preliminary and permanent injunctive relief as well as damages, and an equitable accounting of any 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 the Employer may be entitled. The Executive further acknowledges that the provisions of Sections 9(a), (b), (c), (f) and (g) shall remain in full force and effect beyond the termination of the Executive’s employment for any reason, including but not limited to termination in connection with or following a Change in Control.

  • Competitive Activity To the extent a Participant lives in a jurisdiction where restrictive covenants are void as against public policy, this Section 6(b) shall be considered deleted from and therefore not part of this Agreement. (i) The Participant shall be deemed to have engaged in “Competitive Activity” if, during the period commencing on the Date of Grant and ending on the date that is 12 months after the Termination Date (the “Restricted Activity Period”), the Participant, whether on the Participant’s own behalf or on behalf of or in conjunction with any other Person (as defined below), directly or indirectly, violates any of the following prohibitions: (I) During the Restricted Activity Period, the Participant will not, whether on the Participant’s own behalf or on behalf of or in conjunction with any individual, person, firm, part-nership, joint venture, association, corporation or other business organization, entity or enterprise whatsoever (“Person”), directly or indirectly, solicit or assist in soliciting in competition with the Company or any of its Subsidiaries or Affiliates, the business of any client or prospective client: (1) with whom the Participant had personal contact or dealings on behalf of the Company or any of its Subsidiaries or Affiliates during the one-year period preceding the Termination Date; (2) with whom employees reporting to the Participant have had personal contact or dealings on behalf of the Company or any of its Subsidiaries or Affiliates during the one-year period preceding the Termination Date; or (3) for whom the Participant had direct or indirect responsibility during the one-year period preceding the Termination Date. (II) During the Restricted Activity Period, the Participant will not directly or indirectly: (1) engage in any business that competes with the business of the Company or any of its Subsidiaries or Affiliates, including, but not limited to, providing formulation/dose form technologies and/or contract services to pharmaceutical, biotechnology, over-the-counter and vitamins/minerals/supplements companies related to pre-clinical and clinical development, formulation, analysis, manufacturing and/or packaging and any other technology, product or service of the type developed, manufactured or sold by the Company or any of its Subsidiaries or Affiliates (including, without limitation, any other business that the Company or any of its Subsidiaries or Affiliates have plans to engage in as of the Termination Date) in any geographical area where the Company or any of its Subsidiaries or Affiliates conducts business (a “Competitive Business”); (2) enter the employ of, or render any services to, any Person (or any division or controlled or controlling Affiliate of any Person) who or which engages in a Competitive Business; (3) acquire a financial interest in, or otherwise become actively involved with, any Competitive Business, directly or indirectly, as an individual, partner, shareholder, officer, director, principal, agent, trustee or consultant; or (4) interfere with, or attempt to interfere with, any business relationship (whether formed before, on or after the Date of Grant) between the Company or any of its Subsidiaries or Affiliates and any customer, client, supplier, or investor of the Company or any of its Subsidiaries or Affiliates. Notwithstanding anything to the contrary in this Agreement, the Participant may, directly or indirectly own, solely as an investment, securities of any Person engaged in any Competitive Business that are publicly traded on a national or regional stock exchange or on the over-the-counter market if the Participant (i) is not a controlling person of, or a member of a group that controls, such Person and (ii) does not, directly or indirectly, own 5% or more of any class of securities of such Person. Any such qualifying ownership shall not be deemed to be engaging in Competitive Activity or a Restrictive Covenant Violation for purposes of this Agreement. (III) During the Restricted Activity Period, the Participant will not, whether on the Participant’s own behalf or on behalf of or in conjunction with any Person, directly or indirectly: (1) solicit or encourage any employee of the Company or any of its Subsidiaries or Affiliates to leave such Employment; or (2) hire any such employee who was employed by the Company or any of its Subsidiaries or Affiliates as of the Termination Date or who left the employment of the Company or any of its Subsidiaries or Affiliates coincident with, or within six (6) months prior to or after, the Termination Date; provided, however, that this restriction shall cease to apply to any employee who has not been employed by the Company or any of its Subsidiaries or Affiliates for at least six (6) months. (IV) During the Restricted Activity Period, the Participant will not, directly or indirectly, solicit or encourage to cease to work with the Company or any of its Subsidiaries or Affiliates any consultant then under contract with the Company or any of its Subsidiaries or Affiliates. (ii) It is expressly understood and agreed that although the Participant and the Company consider the restrictions contained in this Section 6(b) to be reasonable, if a final judicial determination is made by a court of competent jurisdiction that the time or territory or any other restriction contained in this Agreement is an unenforceable restriction against the Participant, the provisions of this Agreement shall not be rendered void but shall be deemed amended to apply as to such maximum time and territory and to such maximum extent as such court may judicially determine or indicate to be enforceable. Alternatively, if any court of competent jurisdiction finds that any restriction contained in this Agreement is unenforceable, and such restriction cannot be amended so as to make it enforceable, such finding shall not affect the enforceability of any of the other restrictions contained in this Section 6(b).

  • Competitive Terms If the Customer is able to obtain from any Sub-Contractor or any other third party more favourable commercial terms with respect to the supply of any materials, equipment, software, goods or services used by the Supplier or the Supplier Personnel in the supply of the Goods and/or Services, then the Customer may: require the Supplier to replace its existing commercial terms with its Sub-Contractor with the more favourable commercial terms obtained by the Customer in respect of the relevant item; or subject to Clause 29.4 (Termination of Sub-Contracts), enter into a direct agreement with that Sub-Contractor or third party in respect of the relevant item. If the Customer exercises the option pursuant to Clause 29.5.1, then the Call Off Contract Charges shall be reduced by an amount that is agreed in accordance with the Variation Procedure. The Customer's right to enter into a direct agreement for the supply of the relevant items is subject to: the Customer making the relevant item available to the Supplier where this is necessary for the Supplier to provide the Goods and/or Services; and any reduction in the Call Off Contract Charges taking into account any unavoidable costs payable by the Supplier in respect of the substituted item, including in respect of any licence fees or early termination charges.

  • Competing Business “Competing Business” means any depository, wealth management or trust business company or holding company thereof (including without limitation, any start-up bank or bank in formation) operating anywhere within the Covered Area.