Common use of Non-Disclosure and Non-Competition Clause in Contracts

Non-Disclosure and Non-Competition. (a) The Employee recognizes and acknowledges that he/she will have access to certain confidential information of the Company, including but not limited to, trade secrets, customer lists, sales records, future casino development plans and other proprietary commercial information, and that such information constitutes valuable, special and unique property of the Company. The Employee agrees that he/she will not, for any reason or purpose whatsoever, during or after the term of his/her employment, disclose any of such confidential information to any party without express authorization of the Company, except as necessary in the ordinary course of performing his/her duties hereunder. (b) The Employee agrees with the Company that during the term of his/her employment with the Company (or any affiliate or subsidiary of the Company) and for a period of one (1) year following the termination of his/her employment with the Company (or any affiliate or subsidiary of the Company), he/she will not, without prior written consent of the Company, engage directly or indirectly in any business (either financially or as a shareholder, employee, officer, partner, independent contractor or owner, or in any other capacity calling for the rendition of personal service or acts of management, operation or control) which owns, operates or manages casinos, bingo parlors or other gaming facilities within the Territory (as hereinafter defined); provided, however, that Employee may own up to three percent (3%) of any class of securities of a corporation engaged in such a competitive business if such securities are listed on a national securities exchange or registered under the Securities Exchange Act of 1934. (c) The Employee further agrees that for a period of ninety (90) days following the termination of his/her employment with the Company (or any affiliate or subsidiary of the Company), he/she will not, without prior written consent of the Company, recruit any other Company employees away from the Company. (d) The term "Territory" as used herein shall mean a 150 mile radius of each casino, bingo parlor or gaming facility being operated or managed by the Company or for which the Company has either received a local community endorsement or filed for a gaming license as of the date of termination.

Appears in 5 contracts

Sources: Employment Agreement (Argosy Gaming Co), Employment Agreement (Argosy Gaming Co), Employment Agreement (Argosy Gaming Co)

Non-Disclosure and Non-Competition. (a) The Employee recognizes and acknowledges that he/she will have access to certain confidential information of the Company, including but not limited to, trade secrets, customer lists, sales records, future casino development plans and other proprietary commercial information, and that such information constitutes valuable, special and unique property of the Company. The Employee agrees that he/she will not, for any reason or purpose whatsoever, during or after the term of his/her employment, disclose any of such confidential information to any party without express authorization of the Company, except as necessary in the ordinary course of performing his/her duties hereunder. (b) The Employee agrees with the Company that during the term of his/her employment with the Company (or any affiliate or subsidiary of the Company) and for a period of one (1) year following the termination of his/her employment with the Company (or any affiliate or subsidiary of the Company), he/she will not, without prior written consent of the Company, engage directly or indirectly in any business (either financially or as a shareholder, employee, officer, partner, independent contractor or owner, or in any other capacity calling for the rendition of personal service or acts of management, operation or control) which owns, operates or manages casinos, bingo parlors or other gaming facilities within the Territory (as hereinafter defined); provided, however, that Employee may own up to three percent (3%) of any class of securities of a corporation engaged in such a competitive business if such securities are listed on a national securities exchange or registered under the Securities Exchange Act of 1934. (c) The Employee further agrees that for a period of ninety (90) days following the termination of his/her employment with the Company (or any affiliate or subsidiary of the Company), he/she will not, without prior written consent of the Company, recruit any other Company employees away from the Company. (d) The term "Territory" as used herein shall mean a 150 mile radius of each casino, bingo parlor or gaming facility being operated or managed by the Company or for which the Company has either received a local community endorsement or filed for a gaming license as of the date of termination.

Appears in 1 contract

Sources: Employment Agreement (Argosy Gaming Co)

Non-Disclosure and Non-Competition. (a) The Employee Executive recognizes and acknowledges that he/she he will have access to certain confidential information of the Company, including but not limited to, trade secrets, customer lists, sales records, future casino development plans and other proprietary commercial information, and that such information constitutes valuable, special and unique property of the Company. The Employee Executive agrees that he/she he will not, for any reason or purpose whatsoever, during or after the term of his/her his employment, disclose any of such confidential information to any party without express authorization of the Company, except as necessary in the ordinary course of performing his/her his duties hereunder. (b) The Employee Executive agrees with the Company that during the term of his/her his employment with the Company (or any affiliate or subsidiary of the Company) and for a period of one (1) year following the termination of his/her his employment with the Company (or any affiliate or subsidiary of the Company), he/she he will not, without prior written consent of the Company, engage directly or indirectly in any business (either financially or as a shareholder, employee, officer, partner, independent contractor or owner, or in any other capacity calling for the rendition of personal service or acts of management, operation or control) which owns, operates or manages casinos, bingo parlors parlors, gaming facilities or other gaming facilities businesses competitive with the Company within the Territory (as hereinafter defined); provided, however, that Employee Executive may own up to three percent (3%) of any class of securities of a corporation engaged in such a competitive business if such securities are listed on a national securities exchange or registered under the Securities Exchange Act of 1934. (c) The Employee Executive further agrees that for a period of ninety (90) days following the termination of his/her his employment with the Company (or any affiliate or subsidiary of the Company), he/she he will not, without prior written consent of the Company, recruit any other Company employees away from the Company, except that the Executive may recruit the employee who served as his secretary or direct assistant. (d) The term "Territory" as used herein shall mean a 150 mile radius of each casino, bingo parlor or gaming facility being operated or managed by the Company or for which the Company has either received a local community endorsement or filed for a gaming license as of the date of termination; except for any casino, bingo parlor or gaming facility in Las Vegas, Nevada.

Appears in 1 contract

Sources: Employment Agreement (Argosy Gaming Co)

Non-Disclosure and Non-Competition. (a) The Employee recognizes and acknowledges that he/she he will have access to certain confidential information of the CompanyNASDI Group, including but not limited to, trade secrets, customer lists, sales records, future casino development plans records and other proprietary commercial information, and that such information constitutes valuable, special and unique property of the CompanyNASDI Group. The Employee agrees that he/she he will not, for any reason or purpose whatsoever, during or after the term of his/her his employment, disclose any of such confidential information to any party without express authorization of the Company, except as necessary in the ordinary course of performing his/her his duties hereunder. (b) The Employee agrees with the Company that during the term period of his/her his employment with the Company (or any affiliate or subsidiary of the Company) and for a period of one during the Restricted Term (1) year following the termination of his/her employment with the Company (or any affiliate or subsidiary of the Companyas hereinafter defined), he/she the Employee will not, without prior written consent of the CompanyCompany (which consent shall be duly authorized by the Board of Directors of Great Lakes), engage directly or indirectly in any business (either financially or as a shareholder, employee, officer, partner, independent contractor or owner, or in any other capacity calling for the rendition of personal service or acts of management, operation or control) which ownsis competitive with the business conducted by the NASDI Group (including, operates without limitation, the Restricted Business (as hereinafter defined)) during the period of his employment with the Company or manages casinosduring the Restricted Term, bingo parlors or other gaming facilities within the Territory (as hereinafter defined); provided, however, that the Employee may own up to three percent (3%) of any class of securities of a corporation engaged in such a competitive business if such securities are listed on a national securities exchange or registered under the Securities Exchange Act of 1934. (c) . The Employee further agrees that for a period during the term of ninety (90) days following the termination of his/her his employment with the Company (and during the Restricted Term, the Employee will not recruit, solicit, hire, actively assist others in recruiting, soliciting or hiring any affiliate person who is an employee of or subsidiary consultant to, the NASDI Group. For purposes of this Agreement, the Company), he/she will not, without prior written consent of following terms shall have the Company, recruit any other Company employees away from the Company. (d) The term "Territory" as used herein shall mean a 150 mile radius of each casino, bingo parlor or gaming facility being operated or managed by the Company or for which the Company has either received a local community endorsement or filed for a gaming license as of the date of termination.meaning set forth below:

Appears in 1 contract

Sources: Employment Agreement (Great Lakes Dredge & Dock CORP)

Non-Disclosure and Non-Competition. (a) The Employee recognizes and acknowledges that he/she will have access to certain confidential information of the Company, including but not limited to, trade secrets, customer lists, sales records, future casino development plans and other proprietary commercial information, and that such information constitutes valuable, special and unique property of the Company. The Employee agrees that he/she will not, for any reason or purpose whatsoever, during or after the term of his/her employment, disclose any of such confidential information to any party without express authorization of the Company, except as necessary in the ordinary course of performing his/her duties hereunder. (b) The Employee agrees with the Company that during the term of his/her employment with the Company (or any affiliate or subsidiary of the Company) and for a period of one ninety (190) year days following the termination of his/her employment with the Company (or any affiliate or subsidiary of the Company), he/she will not, without prior written consent of the Company, engage directly or indirectly in any business (either financially or as a shareholder, employee, officer, partner, independent contractor or owner, or in any other capacity calling for the rendition of personal service or acts of management, operation or control) which owns, operates or manages casinos, bingo parlors or other gaming facilities within the Territory (as hereinafter defined); provided, however, that Employee may own up to three percent (3%) of any class of securities of a corporation engaged in such a competitive business if such securities are listed on a national securities exchange or registered under the Securities Exchange Act of 1934. This condition is meant to specifically exclude the Employee upon leaving the Company going to work for a gaming competitor and is not intended to limit the Employee from joining any business that is primarily a hotel business. (c) The Employee further agrees that for a period of ninety (90) days following the termination of his/her employment with the Company (or any affiliate or subsidiary of the Company), he/she will not, without prior written consent of the Company, recruit any other Company employees away from the Company. (d) The term "Territory" as used herein shall mean a 150 mile radius of each casino, bingo parlor or gaming facility being operated or managed by the Company or for which the Company has either received a local community endorsement or filed for a gaming license as of the date of termination.

Appears in 1 contract

Sources: Employment Agreement (Argosy Gaming Co)

Non-Disclosure and Non-Competition. (a) The Employee recognizes and acknowledges that he/she he will have access to certain confidential information of the Company, including but not limited to, trade secrets, customer lists, sales records, future casino development plans and other proprietary commercial information, and that such information constitutes valuable, special and unique property of the Company. The Employee agrees that he/she he will not, for any reason or purpose whatsoever, during or after the term of his/her his employment, disclose any of such confidential information to any party without express authorization of the Company, except as necessary in the ordinary course of performing his/her his duties hereunder. (b) The Employee agrees with the Company that during the term of his/her his employment with the Company (or any affiliate or subsidiary of the Company) and for a period of one (1) year following the termination of his/her his employment with the Company (or any affiliate or subsidiary of the Company), he/she he will not, without prior written consent of the Company, engage directly or indirectly in any business (either financially or as a shareholder, employee, officer, partner, independent contractor or owner, or in any other capacity calling for the rendition of personal service or acts of management, operation or control) which owns, operates or manages casinos, bingo parlors or other gaming facilities within the Territory (as hereinafter defined); provided, however, that Employee may own up to three percent (3%) of any class of securities of a corporation engaged in such a competitive business if such securities are listed on a national securities exchange or registered under the Securities Exchange Act of 1934. (c) The Employee further agrees that for a period of ninety (90) days following the termination of his/her his employment with the Company (or any affiliate or subsidiary of the Company), he/she he will not, without prior written consent of the Company, recruit any other Company employees away from the Company. (d) The term "β€œTerritory" ” as used herein shall mean a 150 mile radius of each casino, bingo parlor or gaming facility being operated or managed by the Company or for which the Company has either received a local community endorsement or filed for a gaming license as of the date of termination.

Appears in 1 contract

Sources: Employment Agreement (Argosy Gaming Co)