Common use of Noncompete and Nonsolicitation Clause in Contracts

Noncompete and Nonsolicitation. For a period of two (2) years from the execution of this Agreement, you will not (a) directly or indirectly own, manage, operate, join, control, participate in, invest in, or otherwise be connected with, in any manner, whether as an officer, director, employee, partner, investor or otherwise, any business entity that is engaged in any other business in which Mymetics is engaged as of the date of this Agreement, (1) in all locations in which Mymetics is pursuing its business plan or doing business, and (2) in all locations in respect of which Mymetics is actively planning for and/or pursuing a business opportunity; (b) for yourself or on behalf of any other person, partnership, corporation or entity, call on any merger partner, investor, target company, or customer of Mymetics for the purpose of soliciting, diverting or taking away any such merger partner, bank, investor, target company, or customer from Mymetics (1) in all locations in which Mymetics is doing business or pursuing its business plan, and (2) in all locations in respect of which Mymetics is actively planning for and/or pursuing its business plan, an acquisition or other business opportunity, or (c) induce, influence or seek to induce or influence any person engaged as an employee, representative, agent, independent contractor or otherwise by Mymetics, to terminate his or her relationship with Mymetics. Nothing herein contained shall be deemed to prohibit you from (x) investing your funds in securities of an issuer if the securities of such issuer are listed for trading on a national securities exchange or are traded in the over-the-counter market and your holdings therein represent less than 2% of the total number of shares or principal amount of the securities of such issuer outstanding, or (y) owning securities, regardless of amount, of Mymetics.