Common use of Restrictions after Termination of Employment Clause in Contracts

Restrictions after Termination of Employment. (a) The Executive/Employee is likely to obtain trade secrets and confidential information and personal knowledge of and influence over suppliers, customers, consultants and employees of the Group during the course of the Employment. To protect these interests of the Company, the Executive/Employee agrees with the Company that he/she will not during the Restricted Period, directly or indirectly: (i) be engaged or concerned or interested in or serve as a director, employee or consultant of any business carried on within the Restricted Area wholly or partly in competition with any Restricted Business (save as the holder as a passive investor only of not more than 5% of the issued ordinary shares of any company listed on NASDAQ or any other recognized investment exchange); (ii) on his/her own account or on behalf of or in association with any other third party, solicit or seek in any capacity whatsoever, any business orders or custom which is similar to or in competition with any Restricted Business from any Customer; and (iii) on his/her own account or on behalf of or in association with any other third party, induce, solicit or entice or endeavor to induce, solicit or entice away from the Company any Employee or offer employment or engagement to any Employee with a view to the specific knowledge or skills of such person being used by or for the benefit of any person carrying on business which is similar to or in competition with the Restricted Business. (b) Each of the paragraphs contained in Section 7(a) constitutes an entirely separate and independent covenant. If any covenant is found to be invalid this will not affect the validity or enforceability of any of the other covenants. While the restrictions set out in Section 7(a) are considered by the Executive/Employee and the Company to be reasonable in all the circumstances, it is agreed that if any one or more of such restrictions shall either taken by itself or themselves together be adjudged to go beyond what is reasonable in all the circumstances for the protection of the legitimate interests of the Company but would be adjudged reasonable if any particular restriction or restrictions were deleted or if any part or parts of the wording thereof were deleted, restricted or limited in a particular manner, then the restrictions set out in Section 7(a) shall apply with such deletions or restrictions or limitations as the case may be. (c) Following the Termination Date, the Executive/Employee will not represent himself/herself as being in any way connected with the businesses of the Company or of any other Group Company (except to the extent agreed by such a company). (d) Any benefit given or deemed to be given by the Executive/Employee to any Group Company under the terms of Section 7 is received and held on trust by the Company for the relevant Group Company. The Executive/Employee will enter into appropriate restrictive covenants directly with other Group Companies if asked to do so by the Company.

Appears in 2 contracts

Sources: Employment Agreement, Employment Agreement (Melco PBL Entertainment (Macau) LTD)

Restrictions after Termination of Employment. (a) The Executive/Employee is You are likely to obtain have obtained trade secrets and confidential information and personal knowledge of and influence over suppliers, customers, consultants and employees of the Group Companies during the course of the Employment. To protect these interests of the Company, the Executive/Employee agrees you agree with the Company that he/she you will not during the Restricted Period, directly or indirectly, on your own account or on behalf of or in association with any person: (i) be engaged engaged, concerned, interested or concerned or interested otherwise involved in or serve as a director, employee or consultant of any Capacity with any business carried on within the Restricted Area which is (or intends to be) wholly or partly similar to or in competition with any Restricted Business (save as the holder as a passive investor only of not more than 5% of the issued ordinary shares of any company listed on NASDAQ or any other recognized investment exchange); (ii) on his/her own account be engaged, concerned, interested or on behalf of or otherwise involved in association any Capacity with any other third party, solicit or seek in any capacity whatsoever, any business orders or custom carried on within the Other Restricted Area which is (or intends to be) wholly or partly similar to or in competition with any Restricted Business (save as the holder as a passive investor only of not more than 5% if the issued ordinary shares of any company listed on NASDAQ or any other recognized investment exchange); iii) solicit or seek or endeavour to entice away from any Customer; and (iii) on his/her own account Group Company any business orders or on behalf customs of any Customer with a view to providing services to that Customer in competition with or similar to any Restricted Business in whole or in association with any other third party, part; iv) induce, solicit or entice or endeavor endeavour to induce, solicit or entice away from the any Group Company any Restricted Employee or offer employment or engagement to any Restricted Employee with a view to the specific knowledge or skills of such person being used by or for the benefit of any person carrying on business which is (or intends to be) similar to or in competition with the Restricted BusinessBusiness in whole or in part; and v) induce, solicit or entice or endeavour to induce, solicit or entice away from any Group Company anyone (other than any Restricted Employee) in the engagement or employment by any Group Company or offer employment or engagement to such person with a view to the specific knowledge or skills of such person being used by or for the benefit of any person carrying on business which is (or intends to be) similar to or in competition with the Restricted Business in whole or in part. (b) Each of the paragraphs contained in Section 7(aClause 6 (a) constitutes an entirely separate separate, independent and independent severable covenant. If any covenant is found to be invalid or unenforceable, this will not affect the validity or enforceability of any of the other covenants. While you and the Company consider the restrictions set out in Section 7(aClause 6 (a) are considered by the Executive/Employee and the Company to be reasonable and necessary in all the circumstancescircumstances for the protection of the legitimate interests of the Group, it is agreed that if any one or more of such restrictions shall either taken by itself or themselves together be adjudged to go beyond what is reasonable in all the circumstances for the protection of the legitimate interests of the Company Group but would be adjudged reasonable if any particular restriction or restrictions were deleted or if any part or parts of the wording thereof were deleted, restricted or limited in a particular manner, then the restrictions set out in Section 7(aClause 6 (a) shall apply with such deletions or restrictions or limitations as the case may be. (c) Following the Termination Last Employment Date, the Executive/Employee you will not represent himself/herself yourself as being in any way connected with the businesses of the Company or of any other Group Company (except to the extent agreed by such a company). (d) Any benefit given or deemed to be given by the Executive/Employee you to any Group Company under the terms of Section 7 hereof is received and held on trust by the Company for the relevant Group Company. The Executive/Employee You will enter into appropriate restrictive covenants directly with other Group Companies if asked to do so by the Company. e) Part of your remuneration payable under this Agreement is paid in consideration for your undertakings hereunder. You agree that the provisions of this clause are reasonable and necessary for the protection of the legitimate interests and the goodwill of the Company, do not unduly restrict your ability to find appropriate employment after leaving the Company’s employment, and go no further than is necessary to protect the Company’s legitimate business interests.

Appears in 1 contract

Sources: Employment Agreement (Melco Resorts & Entertainment LTD)