NON-COMPETITION CLAUSE Clause Samples
A non-competition clause restricts one party, typically an employee or seller, from engaging in business activities that directly compete with the other party, usually the employer or buyer, for a specified period and within a defined geographic area. This clause may prohibit the restricted party from working for competitors, starting a similar business, or soliciting former clients. Its core function is to protect the legitimate business interests of the party imposing the restriction by preventing unfair competition and safeguarding confidential information or customer relationships.
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NON-COMPETITION CLAUSE. The parties agree that during the term of employment and for a period of up to 12 months after the expiry of the agreed notice period (such 12-month period referred to as the "Restricted Period"), the Executive shall not be entitled to be employed by, directly or indirectly offer services to, start up, lead, be a board member in, have an ownership interest in, participate in or otherwise in any way engage in any business that directly or indirectly competes with the Company or the Group (the "Non-Competition Clause"). In case of summary dismissal, the Restricted Period commences on the date of the summary dismissal. The Company may at the request of the Executive, or at any other time, decide if and to what extent the Non-Competition Clause shall be invoked. The procedure in connection with such a decision shall comply with the mandatory provisions of Chapter 14 A in the WEA including the Company's obligation to provide the Executive with a written statement in this regards. If the Restricted Period is invoked for a shorter period of time, the Compensation to the Executive (see below) is reduced correspondingly. Should the Employer decide not to invoke the Non-Competition Clause, the Executive will not be entitled to such Compensation. If the Non-Competition Clause is invoked, the Executive shall receive compensation during the Restrictive Period equivalent to 100% of the Executive's annual remuneration up to 8 G ("G" means the Basic Amount in the National Insurance Scheme), and then, if applicable, 70% of the annual remuneration exceeding 8G ("Compensation"). The term "remuneration" is to be understood in line with Chapter 14 A in the WEA. The total amount of Compensation will not exceed 12 G. The Compensation is based on the Executive's remuneration the last 12 months preceding the time of the notice and is paid monthly on the Company's payroll date. The Compensation is not included in the basis for holiday pay or pension, and the Executive is not entitled to any bonus or other supplementary benefits from the Company during the period for payment of the Compensation. The Employer will carry out tax deduction and any other mandatory deductions in accordance with applicable law. The Compensation is paid monthly on the Company's payroll date. Deductions shall be made in the Compensation for any income or other remuneration (or similar) that the Executive receives from the Company or accrues from others in the Restricted Period limited to 50% of the Compensa...
NON-COMPETITION CLAUSE. The employer shall not be allowed to impose any restrictions on journalists as regards their performing their profession of journalist after the end of the employment.
NON-COMPETITION CLAUSE. If Employee voluntarily terminates his or her employment with the Company or if the Employee's employment is terminated for Cause or Performance Related Reasons, he or she will not, for a period of twelve (12) months thereafter, seek or obtain employment with a firm which directly competes with the Company's business activities as conducted in the Territory on the date on which Employee terminates nor will he solicit any of the Company's employees to leave and seek employment with another firm. It is stipulated that both the twelve (12) month term of this provision and the scope of territory are reasonable, but a court of competent jurisdiction may alter the same to the appropriate standard of reasonableness.
NON-COMPETITION CLAUSE. In addition to his obligations as an executive and whether or not he remains an executive of the Company, the Executive agrees that during the period commencing with the Effective Date and ending upon the second anniversary of the termination date of his Employment following termination of his Employment under any of Section 8(b), (c), (e) or (f), he will not, without the prior written consent of the Company, engage, directly or indirectly, in any business that sells any industrial valves or performs any industrial-valve services in competition with the Company or any subsidiary of the Company in any area within any "Territory" surrounding any service facility of the Company or any subsidiary of the Company (determined as of that termination date). For purposes of this Section 11, the "Territory" surrounding any service facility will be: (i) the city, town or village in which that service facility is located; (ii) the county or parish in which that service facility is located; (iii) the counties or parishes contiguous to the county or parish in which that service facility is located; (iv) the area located within 50 miles of that service facility; (v) the area located within 100 miles of that service area; and
NON-COMPETITION CLAUSE. In addition to his obligations as an ---------------------- executive and whether or not he remains an executive of the Company, the Executive agrees that during the period commencing with the Commencement Date and ending upon termination of employment with the Company, however caused, he will not, without the prior written consent of the Company, engage, directly or indirectly, in any business that competes with the Company for customers of the Company. In the event of a breach by the Executive of this Section 3.1, in addition to other remedies provided by applicable law, the Company will be entitled to issuance of a temporary restraining order or preliminary injunction enforcing its rights under this Section 3.1.
NON-COMPETITION CLAUSE. 4.1. Party B undertakes not to engage in, for his own or on behalf of others, or participate in the operation of, any business which is competing with Party A directly or indirectly, during his Service Term without Party A’s prior written consent.
4.2. During Party B’s Service Term, without Party A’s prior written consent, Party B undertakes that: he will not pursue a second occupation; he will not accept or acquire any position (including but not limited to a position of partner, director, supervisor, shareholder, manager, staff member, agent, consultant, etc) in any Competing Unit or any other economic organization or social entity having direct economic relation with Party A; he will not provide to such Competing Units any advisory services (regardless of whether or not Party B receives any compensation) or any other assistance (such as engaging in any business the scope of which is identical or similar to the business which Party A is currently undertaking or Party A may decide to develop from time to time); he will not make use of his position at Party A in order to obtain benefits by any improper means; he will not seek private interests for himself by utilizing his position and authority in Party A.
4.3. Upon Separation from Party A due to any reason, without the prior written consent of Party A, Party B shall not hold any position in any Competing Unit within the period to which the economic compensation fee for non-competition paid by Party A is applicable.
4.4. Upon Separation from Party A due to any reason, without the prior written consent of Party A, Party B will not establish and manage, either directly or indirectly, any enterprise which is in competition with Party A, within the period to which the economic compensation fee for non-competition paid by Party A is applicable, including but not limited to the establishment or management of:
4.4.1. an enterprise which is in the same industry as Party A;
4.4.2. an enterprise or organization of any other type (or in any other industry) which engages in any business identical or similar to the main services performed by Party B for Party A; or
4.4.3. an enterprise, or other organization which provides professional consultation or advisory services to the enterprise or organization, referred to in the preceding paragraphs.
4.5. At the time when Party B delivers a resignation notice to Party A or Party A delivers a dismissal notice to Party B, namely, upon termination or dissolution of the labor con...
NON-COMPETITION CLAUSE. The Licensee Software cannot compete with the Software. Under no circumstances may the Software be used in whole or in part, as the basis for creating a product that provides the same, or substantially the same, functionality as any Nevron Software. The Licensee Software must not substantially duplicate the capabilities of the Software or, in the reasonable opinion of Nevron, compete with, directly or indirectly, the Software. You agree not to use the Software as or to create a product or service or utility which exposes the functionality of the Software to other users in such a way as to compete, directly or indirectly, with the Nevron Software.
NON-COMPETITION CLAUSE. 1. Direct (non-competition) clauses designed to prevent or hinder a temporary worker from entering the service of a hirer are prohibited and therefore void.
2. A temporary worker is not permitted to undertake acts that are intended to terminate of his own volition the temporary work he has been instructed to perform where this is done with a view to enabling him to pursue or continue this work through another temporary employment agency, if he has not first obtained the written consent of the agency that posted him to perform the temporary work.
3. If a temporary worker intends to enter the service of a hirer for which he previously worked through the temporary employment agency, he is obliged to give advance written notice of this to the agency without delay.
NON-COMPETITION CLAUSE. No work may be carried out in the interests of a competing institution.
NON-COMPETITION CLAUSE. The Parties agree that during the term of this Agreement and the expiry of this Agreement, the Parties shall not either directly or indirectly attempt to register or use the Disclosing Party’s Confidential Information or any intellectual property including any patent, copyright and industrial design or etc. or technology in whole or in part without the prior written consent of the Disclosing Party.