Common use of Noncompetition Provision Clause in Contracts

Noncompetition Provision. In further consideration of employment, the Employee shall not engage in a business in any manner similar to or in competition with the Company's or the Company's affiliated businesses during the term of his or her employment Furthermore, the Employee shall not engage in a business in any manner similar to or in competition with the Company's business for a period of ( ) years from the date of termination of his or her employment with the Company in the geographical area within a ( )-mile radius of any present or future office opened by the Company during the term of employment and the geographical area within a ( )-mile radius of the Employee’s home address. The Employee shall not request any customers of any business then being conducted or contemplated by the Company or its affiliates to curtail or cancel their business with the Company or its affiliates. The Employee shall not disclose to any person, firm or corporation any trade, technical or technological secrets, any details of organizations or business affairs, any names of past or present customers of the Company or its affiliates or any other information relating to the business or businesses or their affiliates The Employee shall not solicit, canvass or accept any business or transaction for any other person, firm or corporation or business similar to any business of the Company or its affiliates. The Employee shall not induce, or attempt to influence, any employee of the business or its affiliates to terminate employment with the business or its affiliates or to enter into any employment or other business relationship with any other person (including the Employee), firm or corporation, The Employee shall not act or conduct himself or herself in any manner that he or she shall have reason to believe is inimical or contrary to the interests of the Company or its affiliates. The Employee shall not perform any act in violation hereof through any other person or entity or through any plan, scheme or design calculated to circumvent the requirements hereof The Employee acknowledges and agrees that the above restriction is reasonable as to duration and geography, that it is fully enforceable, and waives any objection thereto and covenants to institute no suit or proceeding or otherwise advance any position or contention to the contrary. The Employee recognizes that immediate and irreparable damage will result to the Company if the Employee breaches any of the terms and conditions of this article and, accordingly, the Employee hereby consents to the entry of temporary, preliminary and permanent injunctive relief by any court of competent jurisdiction against him or her to restrain any such breach, in addition to any other remedies or claims for money damages that the Company may seek; and the Employee agrees to render an equitable accounting of all earnings, profits and other benefits arising from such violations; and to pay all costs and counsel fees incurred by the Company in enforcing this agreement, which rights shall be cumulative. The Employee represents and warrants to the Company that his or her experience and capabilities are such that he or she can obtain employment in business without breaching the terms and conditions of this article and that his or her obligations under the provisions of this article (and the enforcement thereof by injunction or otherwise) will not prevent him or her from earning a livelihood. This covenant on the part of the Employee shall be construed as an agreement independent of any other provisions of this agreement, and the existence of any claim or cause of action of the Employee against the Company, whether predicated on this agreement or otherwise, shall not constitute a defense to the enforcement by the Company of this covenant. In the event that the Employee is in breach of any of the provisions of this Article IX, the period of proscription from doing the act or acts constitute a breach of this Article IX shall be extended for a period of two (2) years from the date that the Employee ceased, whether voluntarily or by court order, to engage in or do said actions. The Employee recognizes and agrees that the Company does not have a remedy at law adequate to protect the Company's rights and interests as set forth in this article, and the Employee therefore agrees that the Company shall have the right to an injunction enjoining the Employee from violating the provisions of this article. Nothing herein contained shall be construed as prohibiting the Company from pursuing any other remedies available to the Company for such breach or threatened breach, including the recovery of damages from the Employee. If any action at law or equity is necessary to enforce or interpret the terms of this agreement, the Employee agrees to pay the Company reasonable attorney's fees, costs and necessary disbursements, in addition to any other relief and/or damages to which the Company may be entitled. In the event that a court of competent jurisdiction determines that this restrictive covenant and covenant not to compete is unenforceable in whole or in part for any reason, including, without limitation, the duration, scope and remedies set forth above, then same shall not be void, but rather shall be enforced to the extent that same is deemed to be enforceable by said court, as if originally executed in that form by the parties hereto,

Noncompetition Provision. In further consideration of employment, the Employee shall not engage in a business in any manner similar to or in competition with the Company's or the Company's affiliated businesses during the term of his or her employment Furthermore, the Employee shall not engage in a business in any manner similar to or in competition with the Company's business for a period of ( _________ (_____) years from the date of termination of his or her employment with the Company in the geographical area within a ( _______ (_____)-mile radius of any present or future office opened by the Company during the term of employment and the geographical area within a ( ________ (_____)-mile radius of the Employee’s home address. The Employee shall not request any customers of any business then being conducted or contemplated by the Company or its affiliates to curtail or cancel their business with the Company or its affiliates. The Employee shall not disclose to any person, firm or corporation any trade, technical or technological secrets, any details of organizations or business affairs, any names of past or present customers of the Company or its affiliates or any other information relating to the business or businesses or their affiliates The Employee shall not solicit, canvass or accept any business or transaction for any other person, firm or corporation or business similar to any business of the Company or its affiliates. The Employee shall not induce, or attempt to influence, any employee of the business or its affiliates to terminate employment with the business or its affiliates or to enter into any employment or other business relationship with any other person (including the Employee), firm or corporation, The Employee shall not act or conduct himself or herself in any manner that he or she shall have reason to believe is inimical or contrary to the interests of the Company or its affiliates. The Employee shall not perform any act in violation hereof through any other person or entity or through any plan, scheme or design calculated to circumvent the requirements hereof The Employee acknowledges and agrees that the above restriction is reasonable as to duration and geography, that it is fully enforceable, and waives any objection thereto and covenants to institute no suit or proceeding or otherwise advance any position or contention to the contrary. The Employee recognizes that immediate and irreparable damage will result to the Company if the Employee breaches any of the terms and conditions of this article and, accordingly, the Employee hereby consents to the entry of temporary, preliminary and permanent injunctive relief by any court of competent jurisdiction against him or her to restrain any such breach, in addition to any other remedies or claims for money damages that the Company may seek; and the Employee agrees to render an equitable accounting of all earnings, profits and other benefits arising from such violations; and to pay all costs and counsel fees incurred by the Company in enforcing this agreement, which rights shall be cumulative. The Employee represents and warrants to the Company that his or her experience and capabilities are such that he or she can obtain employment in business without breaching the terms and conditions of this article and that his or her obligations under the provisions of this article (and the enforcement thereof by injunction or otherwise) will not prevent him or her from earning a livelihood. This covenant on the part of the Employee shall be construed as an agreement independent of any other provisions of this agreement, and the existence of any claim or cause of action of the Employee against the Company, whether predicated on this agreement or otherwise, shall not constitute a defense to the enforcement by the Company of this covenant. In the event that the Employee is in breach of any of the provisions of this Article IX, the period of proscription from doing the act or acts constitute a breach of this Article IX shall be extended for a period of two (2) years from the date that the Employee ceased, whether voluntarily or by court order, to engage in or do said actions. The Employee recognizes and agrees that the Company does not have a remedy at law adequate to protect the Company's rights and interests as set forth in this article, and the Employee therefore agrees that the Company shall have the right to an injunction enjoining the Employee from violating the provisions of this article. Nothing herein contained shall be construed as prohibiting the Company from pursuing any other remedies available to the Company for such breach or threatened breach, including the recovery of damages from the Employee. If any action at law or equity is necessary to enforce or interpret the terms of this agreement, the Employee agrees to pay the Company reasonable attorney's fees, costs and necessary disbursements, in addition to any other relief and/or damages to which the Company may be entitled. In the event that a court of competent jurisdiction determines that this restrictive covenant and covenant not to compete is unenforceable in whole or in part for any reason, including, without limitation, the duration, scope and remedies set forth above, then same shall not be void, but rather shall be enforced to the extent that same is deemed to be enforceable by said court, as if originally executed in that form by the parties hereto,