Covenant Not to Compete Contract Clauses (465)

Covenant Not to Compete. The Executive hereby agrees that he will not, either during the Term or at all times until the earlier of two years from the time his employment ceases or a Change in Control of the Company (such earlier of being, the "Restricted Period"), engage in the (i) ownership or operation of post office facilities; (ii) investment in or lending to post office facilities; (iii) management of post office facilities; or (iv) provision of any planning, development or executive services for post office facili...ties. The Executive will be deemed to be engaged in such competitive business activities if he participates in such a business enterprise as an employee, officer, director, consultant, agent, partner, proprietor, or other participant; provided that the ownership of no more than two percent (2%) of the stock of a publicly traded Company engaged in a competitive business shall not be deemed to be engaging in competitive business activities. During the Restricted Period, the Executive will be prohibited, to the fullest extent allowed by applicable law, from directly or indirectly, individually or on behalf of any person or entity, encouraging, inducing, attempting to induce, recruiting, attempting to recruit, soliciting or attempting to solicit or participating in the recruitment for employment, contractor or consulting opportunities anyone who is employed at that time by the Company or any subsidiary or affiliate. During his employment with the Company and thereafter, the Executive will not make or authorize anyone else to make on the Executive's behalf any disparaging or untruthful remarks or statements, whether oral or written, about the Company, its operations or its products, services, affiliates, officers, directors, employees, or agents, or issue any communication that reflects adversely on or encourages any adverse action against the Company. The Executive will not make any direct or indirect written or oral statements to the press, television, radio or other media or other external persons or entities concerning any matters pertaining to the business and affairs of the Company, its affiliates or any of its officers or directors. While employed by the Company and during the Restricted Period, the Executive will communicate the contents of this Section 8 to any person, firm, association, partnership, Company or other entity that the Executive intends to be employed by, associated with, or represent. -9- 9. Injunctive Relief. The Executive acknowledges and agrees that it would be difficult to fully compensate the Company for damages resulting from the breach or threatened breach of the covenants set forth in Sections 7 and 8 of this Agreement and accordingly agrees that the Company shall be entitled to temporary and injunctive relief, including temporary restraining orders, preliminary injunctions and permanent injunctions, without the need to post any bond, to enforce such provisions in any action or proceeding instituted in any court in the State of New York having subject matter jurisdiction. This provision with respect to injunctive relief shall not, however, diminish the Company's right to claim and recover damages. View More

Covenant Not to Compete. Employee covenants and agrees that during the period commencing on the Commencement Date and ending one (1) year immediately following the date Employee's employment with Sonic Foundry is terminated for any reason (the "Restrictive Period"), Employee will not directly or indirectly, alone or in conjunction with any Entity (as defined below), own, manage, operate or control or participate in the ownership, management, operation or control of, a business that competes with the Companies' Business,... and/or become associated with, in a similar capacity to which Employee is employed under this Agreement, as an employee, director, officer, advisor, agent, consultant, principal, partner, member or independent contractor with or lender to, any person, enterprise, firm, partnership, corporation, limited liability entity, cooperative or other entity (collectively, an "Entity") that competes with the Companies' Business. "Companies' Business" is defined as creating, selling and/or providing services relating to the Companies' automated rich media application software and systems, and/or any other commercial activities in which the Companies engage at any time during the last twelve (12) months of Employee's employment with Sonic Foundry. View More