Common use of Noncompetition and Related Matters Clause in Contracts

Noncompetition and Related Matters. (a) The Employee acknowledges that during the term of his employment with the Company, the Company will provide him, and he will receive from the Company, special training and knowledge. The Employee acknowledges that included in the special knowledge received is the confidential information identified in paragraph 8. The Employee acknowledges that this confidential information is valuable to the Company and, therefore, its protection and maintenance constitutes a legitimate interest to be protected by the Company by enforcement of this covenant not to compete. Therefore, the Employee agrees that, in consideration of the foregoing, during the Employment Term and for the greater of the period of time during which the Company shall pay to the Employee any amount due under the terms of this Agreement or twelve (12) months following the Employment Termination Date, unless otherwise extended pursuant to the terms of this paragraph 11, the Employee will not, directly or indirectly, either as an employee, employer, consultant, agent, principal, partner, shareholder, corporate officer, director, or in any other individual or representative capacity, engage or participate in any Competitive Business (as hereinafter defined) within any state in which the Company or any subsidiary thereof is conducting or has conducted its Competitive Business during the Employment Term; provided that nothing in this paragraph 11 shall be construed to prevent the Employee from owning beneficially, as an investment, up to an aggregate of 5% of a class of equity securities that is publicly traded and registered under Section 12 of the Securities Exchange Act of 1934. For purposes of this paragraph 11, "Competitive Business" shall mean any business entity whose primary or principal business consists of designing and manufacturing electronic products using flip chip assembly processing. The Employee represents to the Company that the enforcement of the restriction contained in this paragraph 11 would not be unduly burdensome to the Employee and that in order to induce the Company to employ the Employee, the Employee further represents and acknowledges that the Employee is willing and able to compete in other geographical areas not prohibited by this paragraph 11 (a).

Noncompetition and Related Matters. (a) The Employee acknowledges that during the term of his employment with the Company, the Company has provided and will continue to provide to him, and he has received and will continue to receive from the Company, special training and knowledge. The Employee acknowledges that included in the special knowledge received is the confidential information identified in paragraph 8Paragraph 9. The Employee acknowledges that this confidential information is valuable to the Company and, therefore, its protection and maintenance constitutes a legitimate interest to be protected by the Company by the enforcement of this covenant not to compete. Therefore, the Employee agrees that, in consideration of the foregoing, foregoing during the Employment Term and for a period commencing upon the greater termination of the period Employee’s employment hereunder and ending upon the date which is 18 months from the termination of time during which the Company shall pay to the Employee any amount due under the terms of this Agreement or twelve (12) months following the Employment Termination DateEmployee’s employment hereunder, unless otherwise extended pursuant to the terms of this paragraph 11Paragraph 8, the Employee will not, directly or indirectly, either as an employee, employer, consultant, agent, principal, partner, shareholder, corporate officer, director, or in any other individual or representative capacity, engage or participate in any Competitive Business (as hereinafter defined) within any state business or activity that is involved in which the Company leasing, acquiring, exploring, producing, gathering or any subsidiary thereof is conducting or has conducted its Competitive Business during the Employment Termmarketing coal bed methane and related products; provided that nothing in this paragraph 11 Paragraph 8 shall be construed to prevent the Employee from owning beneficially, as an investment, up to an aggregate of 5% five percent of a class of equity securities that is publicly traded and registered under Section 12 of the Securities Exchange Act of 1934. For purposes ; provided further that nothing in this Paragraph 8 shall be construed to prevent the Employee from engaging or participating as an employee, employer, consultant, agent, principal, partner, shareholder, corporate officer, director, or in any other individual or representative capacity in a business venture which derived during the last fiscal year less than 25% of this paragraph 11its gross revenues from or is a start-up or new venture formed for the primary purpose of leasing, "Competitive Business" shall mean acquiring, exploring, producing, gathering or marketing of coalbed methane, is not in direct competition with the Company, and would not require the Employee to use or disclose any business entity whose primary or principal business consists of designing and manufacturing electronic products using flip chip assembly processingconfidential information identified in Paragraph 9. The Employee represents to the Company that the enforcement of the restriction contained in this paragraph 11 Paragraph 8(a) would not be unduly burdensome to the Employee and that in order to induce the Company to employ the Employee, Employee the Employee further represents and acknowledges that the Employee is willing and able to compete in other geographical areas of business not prohibited by this paragraph 11 (aParagraph 8(a). (b) The Employee agrees that a breach or violation of this covenant not to compete by the Employee shall entitle the Company, as a matter of right, to an injunction issued by any court of competent jurisdiction, restraining any further or continued breach or violation of this covenant. Such right to an injunction shall be cumulative and in addition to, and not in lieu of, any other remedies to which the Company may show itself justly entitled. Further, during any period in which the Employee is in breach of this covenant not to compete, the time period of this covenant shall be extended for an amount of time that the Employee is in breach hereof. (c) In addition to the restrictions set forth in Paragraph 8(a), the Employee shall not, for a period commencing upon the termination of the Employee’s employment hereunder and ending upon the 18 month anniversary thereof, either directly or indirectly, (i) make known to any person or entity the names and addresses of any of the business contacts of the Company or any other information pertaining to such business contacts, (ii) call on, solicit, or take away, or attempt to call on, solicit, or take away, any of the business contacts of the Company who were contacts during the Employee’s association with the Company, whether for the Employee or for any other person or entity, or (iii) recruit or attempt to recruit, directly or by assisting others, any other employee of the Company or any of its affiliates; provided, however, that the Employee may call on or attempt to call on any business contact of the Company which is not involved specifically in the coalbed methane business and would not interfere with the Company’s business. (d) The representations and covenants contained in this Paragraph 8 on the part of the Employee will be construed as ancillary to and independent of any other provision of this Agreement, and the existence of any claim or cause of action of the Employee against the Company or any stockholder, director or officer of the Company, whether predicated on this Agreement or otherwise, shall not constitute a defense to the enforcement by the Company of the covenants of the Employee contained in this Paragraph 8. In addition, the provisions of this Paragraph 8 shall continue to be binding upon the Employee in accordance with their terms, notwithstanding the termination of the Employee’s employment hereunder for any reason. (e) The parties to this Agreement agree that the limitations contained in this Paragraph 8 with respect to time, geographical area, and scope of activity are reasonable. However, if any court shall determine that the time, geographical area, or scope of activity of any restriction contained in this Paragraph 8 is unenforceable, it is the intention of the parties that such restrictive covenant set forth herein shall not thereby be terminated but shall be deemed amended to the extent required to render it valid and enforceable.

Noncompetition and Related Matters. (a) The Employee acknowledges that during the term of his employment with the Company, Employment Term the Company will has agreed to provide to him, and he will shall receive from the Company, special training and knowledge. The Employee acknowledges that included in the special knowledge received is the confidential information identified in paragraph 8Paragraph 10. The Employee acknowledges that this confidential information is valuable to the Company and, therefore, its protection and maintenance constitutes a legitimate interest to be protected by the Company by the enforcement of this covenant not to compete. Therefore, the Employee agrees that, in consideration of the foregoing, during the Employment Term and for a period commencing upon the greater termination of the period of time during which the Company shall pay to the Employee any amount due under the terms of this Agreement or twelve (12) Employee's employment hereunder and ending eighteen months following the Employment Termination Dateafter such termination, unless otherwise extended pursuant to the terms of this paragraph 11Paragraph 9, the Employee will not, directly or indirectly, either as an employee, employer, consultant, agent, principal, partner, shareholder, corporate officer, director, or in any other individual or representative capacity, engage or participate in any Competitive Business (as hereinafter defined) within business or activity that is engaged in a business relationship of any state in which nature whatsoever with the Mazatzal Casino, the Wildhorse Gaming Resort, the Pueblo of Laguana Casino, or any gaming facility hereafter developed and/or managed by the Company or its subsidiaries for the Rhode Island Project Indian Tribe or any subsidiary thereof is conducting other tribal or has conducted its Competitive Business non-tribal owner during the Employment Term; provided that nothing in this paragraph 11 shall be construed to prevent Term (collectively, the Employee from owning beneficially, as an investment, up to an aggregate of 5% of a class of equity securities that is publicly traded and registered under Section 12 of the Securities Exchange Act of 1934. For purposes of this paragraph 11, "Competitive Business" shall mean any business entity whose primary or principal business consists of designing and manufacturing electronic products using flip chip assembly processingCapital Customers"). The Employee represents to the Company that the enforcement of the restriction contained in this paragraph 11 Paragraph 9(a) would not be unduly burdensome to the Employee and that in order to induce the Company to employ the Employee, Employee the Employee further represents and acknowledges that the Employee is willing and able to compete in other geographical areas not prohibited by this paragraph 11 (aParagraph 9(a). (b) The Employee agrees that a breach or violation of this covenant not to compete by the Employee shall entitle the Company, as a matter of right, to an injunction issued by any court of competent jurisdiction, restraining any further or continued breach or violation of this covenant. Such right to an injunction shall be cumulative and in addition to, and not in lieu of, any other remedies to which the Company may show itself justly entitled. Further, during any period in which the Employee is in breach of this covenant not to compete, the time period of this covenant shall be extended for an amount of time that the Employee is in breach hereof. (c) In addition to the restrictions set forth in Paragraph 9(a), the Employee shall not, for a period commencing upon the termination of the Employee's employment hereunder and ending eighteen months after such termination, unless otherwise extended pursuant to the terms of this Paragraph 9, either directly or indirectly, (i) make known to any person or entity the names and addresses of any of the Capital Customers of the Company or contacts of the Company within the industry or any other information pertaining to such customers or contacts, (ii) call on, solicit, or take away, or attempt to call on, solicit, or take away, any of the Capital Customers of the Company on whom the Employee called or with whom the Employee became acquainted during the Employee's association with the Company, whether for the Employee or for any other person or entity, or (iii) recruit or hire or attempt to recruit or hire, directly or by assisting others, any other employee of the Company or any of its affiliates. (d) The representations and covenants contained in this Paragraph 9 on the part of the Employee will be construed as ancillary to and independent of any other provision of this Agreement, and the existence of any claim or cause of action of the Employee against the Company or any officer, director, or shareholder of the Company, whether predicated on this Agreement or otherwise, shall not constitute a defense to the enforcement by the Company of the covenants of the Employee contained in this Paragraph 9. In addition, the provisions of this Paragraph 9 shall continue to be binding upon the Employee in accordance with their terms, notwithstanding the termination of the Employee's employment hereunder for any reason. (e) If the Employee violates any covenant contained in this Paragraph 9 and the Company brings legal action for injunctive or other relief, the Company shall not, as a result of the time involved in obtaining the relief, be deprived of the benefit of the full period of any such covenant. Accordingly, the covenants of the Employee contained in this Paragraph 9 shall be deemed to have durations as specified above, which periods shall commence upon the later of (i) the termination of the Employee's employment hereunder and (ii) the date of entry by a court of competent jurisdiction of a final judgment enforcing the covenants of the Employee in this Paragraph 9. (f) The parties to this Agreement agree that the limitations contained in this Paragraph 9 with respect to time, geographical area, and scope of activity are reasonable. However, if any court shall determine that the time, geographical area, or scope of activity of any restriction contained in this Paragraph 9 is unenforceable, it is the intention of the parties that

Noncompetition and Related Matters. (a) The Employee acknowledges that during the term of his employment with the Company, the Company will provide him, and he will receive from the Company, special training and knowledge. The Employee acknowledges that included in the special knowledge received is the confidential information identified in paragraph 8. The Employee acknowledges that this confidential information is valuable to the Company and, therefore, its protection and maintenance constitutes a legitimate interest to be protected by the Company by enforcement of this covenant not to compete. Therefore, the Employee agrees that, in consideration of the foregoing, during the Employment Term and for the greater of the period of time during which the Company shall pay to the Employee any amount due under the terms of this Agreement or twelve (12) months following the Employment Termination Date, unless otherwise extended pursuant to the terms of this paragraph 11, the Employee will not, directly or indirectly, either as an employee, employer, consultant, agent, principal, partner, shareholder, corporate officer, director, or in any other individual or representative capacity, engage or participate in any Competitive Business (as hereinafter defined) within any state in which the Company or any subsidiary thereof is conducting or has conducted its Competitive Business during the Employment Term; provided that nothing in this paragraph 11 shall be construed to prevent the Employee from owning beneficially, as an investment, up to an aggregate of 5% of a class of equity securities that is publicly traded and registered under Section 12 of the Securities Exchange Act of 1934. For purposes of this paragraph 11, "Competitive Business" shall mean any business entity whose primary or principal business consists of designing and manufacturing electronic products using flip chip assembly processing. The Employee represents to the Company that the enforcement of the restriction contained in this paragraph 11 would not be unduly burdensome to the Employee and that in order to induce the Company to employ the Employee, the Employee further represents and acknowledges that the Employee is willing and able to compete in other geographical areas not prohibited by this paragraph 11 (a11(a).