Conflicting Activities. For the term of this Agreement or until Executive's employment hereunder terminates, whichever occurs first, Executive hereby agrees to promote and develop all business opportunities that come to his attention relating to current or anticipated future business of the Company, in a manner consistent with the best interest of the Company and with his duties under this Agreement. If Executive becomes aware of a business opportunity during the performance of his Company duties, through the use of the Company's property or information, or under circumstances that would reasonably lead Executive to believe that the business opportunity was intended by the offeror to be offered to the Company, he shall first offer such opportunity to the Company. Should the Chief Executive Officer of the Company, on behalf of the Company, not exercise its right to pursue this business opportunity within a reasonable period of time, not to exceed thirty (30) days, Executive may develop the business opportunity for himself; provided, however, that such development may in no way conflict or interfere with the duties owed by Executive to the Company under this Agreement. Further, Executive may develop such business opportunities only on his own time, and may not use any service, personnel, equipment, supplies, facility, or trade secrets of the Company in their development. As used herein, the term "business opportunity" shall not include business opportunities involving investment in publicly traded stocks, bonds or other securities, or other investments of a personal nature.
Appears in 4 contracts
Sources: Employment Agreement (Olympic Cascade Financial Corp), Employment Agreement (Olympic Cascade Financial Corp), Employment Agreement (Olympic Cascade Financial Corp)
Conflicting Activities. For (1) Executive shall not, during the term of this Agreement Agreement, be engaged in any other business activity without the prior consent of the Board of Directors of the Company; provided, however, that this restriction shall not be construed as preventing Executive from investing his personal assets in investments in business entities which are not in competition with the Company or until Executive's employment hereunder terminatesits affiliates, whichever occurs first, or from pursuing business opportunities as permitted by Section 4.5.(2).
(2) Executive hereby agrees to promote and develop all business opportunities that come to his attention relating to current or anticipated future business of the Company, in a manner consistent with the best interest interests of the Company and with his Executive's duties under this Agreement. If Should Executive becomes aware of discover a business opportunity during that relates to the performance current or anticipated future business of his Company duties, through the use of the Company's property or information, or under circumstances that would reasonably lead Executive to believe that the business opportunity was intended by the offeror to be offered to the Company, he shall first offer such opportunity to the Company. Should the Chief Executive Officer Board of Directors of the Company, on behalf of the Company, Company not exercise its right to pursue this business opportunity within a reasonable period of time, not to exceed thirty sixty (3060) days, then Executive may develop the business opportunity for himselfExecutive; provided, however, that such development may in no way conflict or interfere with the duties owed by Executive to the Company under this Agreement. Further, Executive may develop such business opportunities only on his Executive's own time, and Executive may not use any service, personnel, equipment, supplies, facility, or trade secrets of the Company in their developmentthe development of those business opportunities. As used herein, the term "business opportunity" shall not include business opportunities involving investment in publicly traded stocks, bonds or other securities, or other investments of a personal nature.
Appears in 4 contracts
Sources: Employment Agreement (Travelnowcom Inc), Employment Agreement (Travelnowcom Inc), Employment Agreement (Travelnowcom Inc)
Conflicting Activities. For (a) Executive may, during the term Initial Term or any Renewal Term of this Agreement, be engaged in other business activities without the prior consent of the Board of Directors of the Company; provided, however, that Executive may not compete directly with the Company. Further, nothing in this Agreement shall be construed as preventing Executive from investing his personal assets in passive investments in business entities which are not in competition with the Company or until Executive's employment hereunder terminatesits affiliates, whichever occurs first, or from pursuing business opportunities as permitted by Section 4.4(b).
(b) Executive hereby agrees to promote and develop all business opportunities that come to his attention relating to current or anticipated future business of the Company, in a manner consistent with the best interest interests of the Company and with his duties under this Agreement. If Should Executive becomes aware of discover a business opportunity during that does not relate to the performance current or anticipated future business of his Company duties, through the use of the Company's property or information, or under circumstances that would reasonably lead Executive to believe that the business opportunity was intended by the offeror to be offered to the Company, he shall first offer such opportunity to the Company. Should the Chief Executive Officer Board of Directors of the Company, on behalf of the Company, Company not exercise its right to pursue this business opportunity within a reasonable period of time, not to exceed thirty sixty (3060) days, then Executive may develop the business opportunity for himself; provided, however, that such development may in no way conflict or interfere with the duties owed by Executive to the Company under this Agreement. Further, Executive may develop such business opportunities only on his own time, and may not use any service, personnel, equipment, supplies, facility, facility or trade secrets of the Company in their development. As used herein, the term "business opportunity" shall not include business opportunities involving investment in publicly traded stocks, bonds or other securities, or other investments of a personal nature.
Appears in 3 contracts
Sources: Employment Agreement (Accelr8 Technology Corp), Employment Agreement (Accelr8 Technology Corp), Employment Agreement (Accelr8 Technology Corp)
Conflicting Activities. For (1) Executive shall not, during the term of this Agreement Agreement, be engaged in any other business activity without the prior consent of the Board of Directors of the Company; provided, however, that this restriction shall not be construed as preventing Executive from investing his personal assets in passive investments in business entities which are not in competition with the Company or until Executive's employment hereunder terminatesits affiliates, whichever occurs first, or from pursuing business opportunities as permitted by paragraph 4.5(b).
(2) Executive hereby agrees to promote and develop all business opportunities that come to his attention relating to current or anticipated future business of the Company, in a manner consistent with the best interest interests of the Company and with his duties under this Agreement. If Should Executive becomes aware of discover a business opportunity during that does not relate to the performance current or anticipated future business of his Company duties, through the use of the Company's property or information, or under circumstances that would reasonably lead Executive to believe that the business opportunity was intended by the offeror to be offered to the Company, he shall first offer such opportunity to the Company. Should the Chief Executive Officer Board of Directors of the Company, on behalf of the Company, Company not exercise its right to pursue this business opportunity within a reasonable period of time, not to exceed thirty sixty (3060) days, then Executive may develop the business opportunity for himself; provided, however, that such development may in no way conflict or interfere with the duties owed by Executive to the Company under this Agreement. Further, Executive may develop such business opportunities only on his own time, and may not use any service, personnel, equipment, supplies, facility, or trade secrets of the Company in their development. As used herein, the term "business opportunity" shall not include business opportunities involving investment in publicly traded stocks, bonds or other securities, or other investments of a personal nature.
Appears in 3 contracts
Sources: Employment Agreement (World Wide Wireless Communications Inc), Employment Agreement (Patcomm Corp), Employment Agreement (Patcomm Corp)
Conflicting Activities. For (1) EMPLOYEE shall not, during the term of this Agreement Agreement, be engaged in any other business activity without the prior consent of the Board of Directors of CYGX; provided, however, that this restriction shall not be construed as preventing EMPLOYEE from investing his personal assets in passive investments in business entities which are not in competition with CYGX or until Executive's employment hereunder terminatesits affiliates, whichever occurs first, Executive or from pursuing business opportunities as permitted by paragraph 4.5(b).
(2) EMPLOYEE hereby agrees to promote and develop all business opportunities that come to his attention relating to current or anticipated future business of the CompanyCYGX, in a manner consistent with the best interest interests of the Company CYGX and with his duties under this Agreement. If Executive becomes aware of Should EMPLOYEE discover a business opportunity during the performance of his Company duties, through the use of the Company's property or information, or under circumstances that would reasonably lead Executive to believe that the business opportunity was intended by the offeror to be offered does not relate to the Companycurrent or anticipated future business of CYGX, he shall first offer such opportunity to the CompanyCYGX. Should the Chief Executive Officer Board of the Company, on behalf Directors of the Company, CYGX not exercise its right to pursue this business opportunity within a reasonable period of time, not to exceed thirty sixty (3060) days, Executive then EMPLOYEE may develop the business opportunity for himself; provided, however, that such development may in no way conflict or interfere with the duties owed by Executive EMPLOYEE to the Company CYGX under this Agreement. Further, Executive EMPLOYEE may develop such business opportunities only on his own time, and may not use any service, personnel, equipment, supplies, facility, or trade secrets of the Company CYGX in their development. As used herein, the term "business opportunity" shall not include business opportunities involving investment in publicly traded stocks, bonds or other securities, or other investments of a personal nature.
Appears in 3 contracts
Sources: Employment Agreement (Cytogenix Inc), Employment Agreement (Cytogenix Inc), Employment Agreement (Cytogenix Inc)
Conflicting Activities. For (1) Manager shall not, during the term of this Agreement Agreement, be engaged in any other business activity without the prior consent of the Board of Directors of the Company; provided, however, that this restriction shall not be construed as preventing Manager from investing his personal assets in passive investments in business entities which are not in competition with the Company or until Executive's employment hereunder terminatesits affiliates, whichever occurs first, Executive or from pursuing business opportunities as permitted by paragraph 4.5(b).
(2) Manager hereby agrees to promote and develop all business opportunities that come to his attention relating to current or anticipated future business of the Company, in a manner consistent with the best interest interests of the Company and with his duties under this Agreement. If Executive becomes aware of Should Manager discover a business opportunity during that does not relate to the performance current or anticipated future business of his Company duties, through the use of the Company's property or information, or under circumstances that would reasonably lead Executive to believe that the business opportunity was intended by the offeror to be offered to the Company, he shall first offer such opportunity to the Company. Should the Chief Executive Officer Board of Directors of the Company, on behalf of the Company, Company not exercise its right to pursue this business opportunity within a reasonable period of time, not to exceed thirty sixty (3060) days, Executive then Manager may develop the business opportunity for himself; provided, however, that such development may in no way conflict or interfere with the duties owed by Executive Manager to the Company under this Agreement. Further, Executive Manager may develop such business opportunities only on his own time, and may not use any service, personnel, equipment, supplies, facility, or trade secrets of the Company in their development. As used herein, the term "business opportunity" shall not include business opportunities involving investment in publicly traded stocks, bonds or other securities, or other investments of a personal nature.
Appears in 2 contracts
Sources: Employment Agreement (Mercer Capital Inc), Employment Agreement (Mercer Capital Inc)
Conflicting Activities. For (1) Executive shall not, during the term of this Agreement, be engaged in direct competition with the Company or its affiliates in the Spanish language mixed martial arts television production and promotion business. Executive is an accomplished television producer, distributor, advertising executive and personality. The Company acknowledges that Executive has a significant television production and distribution background and existing businesses in numerous fields similar to that of the Company's and this Agreement is not intended to limit or until in any way hinder Executive's employment hereunder terminates, whichever occurs first, ability to continue his existing businesses or limit the scope of new business opportunities to which Executive is frequently introduced.
(2) Executive hereby agrees to promote and develop all business opportunities that come to his attention relating to current or anticipated future business of the Company, in a manner consistent with the best interest interests of the Company and with his duties under this Agreement. If Should Executive becomes aware of discover a business opportunity during that does not relate to the performance current or anticipated future business of his Company duties, through the use of the Company's property or information, or under circumstances that would reasonably lead Executive to believe that the business opportunity was intended by the offeror to be offered to the Company, he shall first offer such opportunity to the Company. Should the Chief Executive Officer Board of Directors of the Company, on behalf of the Company, Company not exercise its right to pursue this business opportunity within a reasonable period of time, not to exceed thirty ten (3010) days, then Executive may develop the business opportunity for himself; provided, however, that such development may in no way conflict or interfere with the duties owed by Executive to the Company under this Agreement. Further, Executive may develop such business opportunities only on his own time, and may not use any service, personnel, equipment, supplies, facility, or trade secrets of the Company in their development. As used herein, the term "business opportunity" shall not include business opportunities involving investment in publicly traded stocks, bonds or other securities, real estate or other investments of a personal nature.
Appears in 1 contract
Conflicting Activities. For (1) Executive shall not, during the term Employment Period, be engaged in any other business activity without the prior written consent of the Board of Directors of the Company; provided, however, that this Agreement restriction shall not be construed as preventing Executive from investing his personal assets in passive investments in business entities which are not in competition with the Company or until Executive's employment hereunder terminatesits affiliates, whichever occurs firstor from pursuing business opportunities as may be permitted by paragraphs 4.2, 4.3(2) and 4.3(3).
(2) Executive hereby agrees to promote and develop all business opportunities that come to his attention relating to current or anticipated future business of the Company, in a manner consistent with the best interest interests of the Company and with his duties under this Agreement. If Should Executive becomes aware of discover a business opportunity during that does not relate to the performance current or anticipated future business of his Company duties, through the use of the Company's property or information, or under circumstances that would reasonably lead Executive to believe that the business opportunity was intended by the offeror to be offered to the Company, he shall first offer such opportunity to the Company. Should the Chief Executive Officer Board of Directors of the Company, on behalf of the Company, Company not exercise its right to pursue this business opportunity within a reasonable period of time, not to exceed thirty sixty (3060) days, then Executive may develop the business opportunity for himself; provided, however, that such development may in no way conflict or interfere with the duties owed by Executive to the Company under this Agreement. Further, Executive may develop such business opportunities only on his own time, and may not use any service, personnel, equipment, supplies, facility, or trade secrets of the Company in their development. As used herein, the term "business opportunity" shall not include business opportunities involving investment in publicly traded stocks, bonds or other securities, or other investments of a personal naturenature not in conflict with any provision herein.
Appears in 1 contract
Conflicting Activities. For (a) Executive shall not, during the term of this Agreement Agreement, be engaged in any other business activity without the prior consent of the Board of Directors of the Company; provided, however, that this restriction shall not be construed as preventing Executive from investing his personal assets in passive investments in business entities which are not in competition with the Company or until Executive's employment hereunder terminatesits affiliates, whichever occurs first, or from pursuing business opportunities as permitted by paragraph 4.3(b).
(b) Executive hereby agrees to promote and develop all business opportunities that come to his attention relating to current or anticipated future business of the Company, in a manner consistent with the best interest interests of the Company and with his duties under this Agreement. If Should Executive becomes aware of discover a business opportunity during that does not relate to the performance current or anticipated future business of his Company duties, through the use of the Company's property or information, or under circumstances that would reasonably lead Executive to believe that the business opportunity was intended by the offeror to be offered to the Company, he shall first offer such opportunity to the Company. Should the Chief Executive Officer Board of Directors of the Company, on behalf of the Company, Company not exercise its right to pursue this business opportunity within a reasonable period of time, not to exceed thirty sixty (3060) days, then Executive may develop the business opportunity for himself; provided, however, that such development may in no way conflict or interfere with the duties owed by Executive to the Company under this Agreement. Further, Executive may develop such business opportunities only on his own time, and may not use any service, personnel, equipment, supplies, facility, or trade secrets of the Company in their development. As used herein, the term "business opportunity" shall not include business opportunities involving investment in publicly traded stocks, bonds or other securities, or other investments of a personal nature.business
Appears in 1 contract
Sources: Employment Agreement (GDC Group Inc)
Conflicting Activities. For (1) Executive shall not, during the term of this Agreement Agreement, be engaged in any other business activity substantially similar to that of the Company's primary business without the prior consent of the Board of Directors of the Company; provided, however, that this restriction shall not be construed as preventing Executive from investing his personal assets in any investments, in business entities which are not in competition with the Company or until Executive's employment hereunder terminatesits affiliates, whichever occurs first, or from pursuing business opportunities which do not unreasonably impede his performance as executive for the Company.
(2) Executive hereby agrees to promote and develop all business opportunities that come to his attention relating to current or anticipated future business of the Company, in a manner consistent with the best interest interests of the Company and with his duties under this Agreement. If Should Executive becomes aware of discover a business opportunity during that does not relate to the performance current or anticipated future business of his Company duties, through the use of the Company's property or information, or under circumstances that would reasonably lead Executive to believe that the business opportunity was intended by the offeror to be offered to the Company, he shall first offer such opportunity to the Company. Should the Chief Executive Officer Board of Directors of the Company, on behalf of the Company, Company not exercise its right to pursue this business opportunity within a reasonable period of time, not to exceed thirty ten (3010) days, then Executive may develop the business opportunity for himself; provided, however, that such development may in no way conflict or interfere with the duties owed by Executive to the Company under this Agreement. Further, Executive may develop such business opportunities only on his own time, and may not use any service, personnel, equipment, supplies, facility, or trade secrets of the Company in their development. As used herein, the term "business opportunity" shall not include business opportunities involving investment in publicly traded stocks, bonds or other securities, real estate or other investments of a personal nature.
Appears in 1 contract
Conflicting Activities. For (a) Executive shall not, during the term of this Agreement Agreement, be engaged in any other business activity without the prior consent of the Company's Managers (or until Executive's employment hereunder terminatesBoard of Directors, whichever occurs firstas applicable); provided, however, that this restriction shall not be construed as preventing Executive from investing his personal assets in passive investments in business entities which are not in competition with the Company or its affiliates, or from pursuing business opportunities as permitted by paragraph 4.3(b).
(b) Executive hereby agrees to promote and develop all business opportunities that come to his attention relating to current or anticipated future business of the Company, in a manner consistent with the best interest interests of the Company and with his duties under this Agreement. If Should Executive becomes aware of discover a business opportunity during that does not relate to the performance current or anticipated future business of his Company duties, through the use of the Company's property or information, or under circumstances that would reasonably lead Executive to believe that the business opportunity was intended by the offeror to be offered to the Company, he shall first offer such opportunity to the Company. Should the Chief Executive Officer Company's Managers (or Board of the CompanyDirectors, on behalf of the Company, as applicable) not exercise its right to pursue this business opportunity within a reasonable period of time, not to exceed thirty sixty (3060) days, then Executive may develop the business opportunity for himself; provided, however, that such development may in no way conflict or interfere with the duties owed by Executive to the Company under this Agreement. Further, Executive may develop such business opportunities only on his own time, and may not use any service, personnel, equipment, supplies, facility, or trade secrets of the Company in their development. As used herein, the term "business opportunity" shall not include business opportunities involving investment in publicly traded stocks, bonds or other securities, or other investments of a personal nature.
Appears in 1 contract
Sources: Employment Agreement (GDC Group Inc)
Conflicting Activities. For (1) Executive shall not, during the term of this Agreement Agreement, be engaged in any other business activity substantially similar to that of the Company's primary business without the prior consent of the Board of Directors of the Company; provided, however, that this restriction shall not be construed as preventing Executive from investing his personal assets in any investments, including but not limited to real estate, in business entities which are not in competition with the Company or until Executive's employment hereunder terminatesits affiliates, whichever occurs first, or from pursuing business opportunities which do not unreasonably impede his performance as executive for the Company.
(2) Executive hereby agrees to promote and develop all business opportunities that come to his attention relating to current or anticipated future business of the Company, in a manner consistent with the best interest interests of the Company and with his duties under this Agreement. If Should Executive becomes aware of discover a business opportunity during that does not relate to the performance current or anticipated future business of his Company duties, through the use of the Company's property or information, or under circumstances that would reasonably lead Executive to believe that the business opportunity was intended by the offeror to be offered to the Company, he shall first offer such opportunity to the Company. Should the Chief Executive Officer Board of Directors of the Company, on behalf of the Company, Company not exercise its right to pursue this business opportunity within a reasonable period of time, not to exceed thirty ten (3010) days, then Executive may develop the business opportunity for himself; provided, however, that such development may in no way conflict or interfere with the duties owed by Executive to the Company under this Agreement. Further, Executive may develop such business opportunities only on his own time, and may not use any service, personnel, equipment, supplies, facility, or trade secrets of the Company in their development. As used herein, the term "business opportunity" shall not include business opportunities involving investment in publicly traded stocks, bonds or other securities, real estate or other investments of a personal nature.
Appears in 1 contract
Sources: Employment Agreement (Onecap)