Common use of Loyal and Conscientious Performance Noncompetition Clause in Contracts

Loyal and Conscientious Performance Noncompetition. 2.1 During his employment by the Company, Executive shall devote his full energies, interest, abilities and productive time to the proper and efficient performance of his duties under this Agreement. The foregoing shall not preclude Executive from engaging in civic, charitable or religious activities which will not present any direct conflict of interest with the Company or affect the performance of Executive's duties hereunder. 2.2 During his employment by the Company, Executive shall not engage in competition with the Company, either directly or indirectly, in any manner or capacity, as adviser, principal, agent, partner, officer, director, employee, member of any association or otherwise, in any phase of the business of developing, manufacturing and marketing of products which are in the same field of use or which otherwise directly compete with the products or proposed products or methods of the Company. 2.3 Ownership by Executive, as a passive investment, of less than one percent (1%) of the outstanding shares of capital stock of any corporation with one or more classes of its capital stock listed on a national securities exchange or publicly traded in the over-the-counter market shall not constitute a breach of this Section 2.

Appears in 2 contracts

Sources: Employment Agreement (Elitra Pharmaceuticals Inc), Employment Agreement (Elitra Pharmaceuticals Inc)

Loyal and Conscientious Performance Noncompetition. 2.1 During his her employment by the Company, Executive shall devote his her full energies, interest, abilities and productive time to the proper and efficient performance of his her duties under this Agreement. The foregoing shall not preclude Executive from engaging in civic, charitable or religious activities which will not present any direct conflict of interest with the Company or affect the performance of Executive's duties hereunder. 2.2 During his her employment by the Company, Executive shall not engage in competition with the Company, either directly or indirectly, in any manner or capacity, as adviser, principal, agent, partner, officer, director, employee, member of any association or otherwise, in any phase of the business of developing, manufacturing and marketing of products which are in the same field of use or which otherwise directly compete with the products or proposed products or methods of the Company. 2.3 Ownership by Executive, as a passive investment, of less than one percent (1%) of the outstanding shares of capital stock of any corporation with one or more classes of its capital stock listed on a national securities exchange or publicly traded in the over-the-counter market shall not constitute a breach of this Section 2.

Appears in 1 contract

Sources: Employment Agreement (Elitra Pharmaceuticals Inc)