Grouped Into 3 Collections of Similar Clauses From Business Contracts
This page contains Non-Compete Provision clauses in business contracts and legal agreements. We have organized these clauses into groups of similarly worded clauses.
Non-Compete Provision. I agree that for the one (1) year period after the date my employment ends for any reason, including but not limited to voluntary termination by me or involuntary termination by Company, I will not, directly or indirectly, as an officer, director, employee, consultant, owner, partner, or in any other capacity solicit, perform, or provide, or attempt to perform or provide Conflicting Services anywhere in the Restricted Territory (as defined below), nor will I assist another person to solicit, per...form or provide or attempt to perform or provide Conflicting Services anywhere in the Restricted Territory. 4 The parties agree that for purposes of this Agreement, "Conflicting Services" means any product, service, or process or the research and development thereof, of any person or organization other than Company that directly competes with a product, service, or process, including the research and development thereof, of Company with which I worked directly or indirectly during my employment by Company or about which I acquired Confidential Information during my employment by Company. The parties agree that for purposes of this Agreement, "Restricted Territory" means the one hundred (100) mile radius of any of the following locations: (i) any Company business location at which I have worked on a regular or occasional basis during the preceding year; (ii) my home if I work from home on a regular or occasional basis; (iii) any potential business location of Company under active consideration by Company to which I have traveled in connection with the consideration of that location; (iv) the primary business location of a Customer or Potential Customer; or (v) any business location of a Customer or Potential Customer where representatives of the Customer or Potential Customer with whom I have been in contact in the preceding year are based.View More
Non-Compete Provision. I agree that for the one (1) year period after the date my employment ends for any reason, including but not limited to voluntary termination by me or involuntary termination by Company, I will not, directly or indirectly, as an officer, director, employee, consultant, owner, partner, or in any other capacity solicit, perform, or provide, or attempt to perform or provide Conflicting Services anywhere in the Restricted Territory (as defined below), nor will I assist another person to solicit, per...form or provide or attempt to perform or provide Conflicting Services anywhere in the Restricted Territory. 4 The parties agree that for purposes of this Agreement, "Conflicting Services" means any product, service, or process or the research and research, development or commercialization thereof, of to, for or of, as applicable, any person or organization other than Company that directly competes with a product, service, or process, including the research and research, development or commercialization thereof, of Company with which I worked directly or indirectly during my employment by Company or about which I acquired or accessed Confidential Information during my employment by Company. The parties agree that for purposes of this Agreement, "Restricted Territory" means the one hundred (100) (1) United States, and (2) the twenty-five (25) mile radius of any of the following locations: locations to the extent outside of the United States: (i) any Company business location at which I have worked on a regular or occasional basis during the preceding year; (ii) my home if I work from home on a regular or occasional basis; (iii) any potential business location of Company under active consideration by Company to which I have traveled in connection with the consideration of that location; (iv) (iii) the primary business location of a Customer or Potential Customer; or (v) (iv) any business location of a Customer or Potential Customer where representatives of the Customer or Potential Customer with whom I have been in contact in the preceding year are based. View More
Non-Compete Provision. 6.1 I agree that for the one (1) year period after the date my employment ends for any reason, including but not limited to voluntary termination by me or involuntary termination by Company, I will not, directly or indirectly, as an officer, director, employee, consultant, owner, partner, or in any other capacity solicit, perform, or provide, or attempt to perform or provide Conflicting Services (defined below) anywhere in the Restricted Territory (as defined (defined below), nor will I assist a...nother person to solicit, perform or provide or attempt to perform or provide Conflicting Services anywhere in the Restricted Territory. 4 6.2 The parties agree that for purposes of this Agreement, "Conflicting Services" means any product, service, or process or the research and development thereof, of any person or organization other than Company that directly competes with a product, service, or process, including the research and development thereof, of Company with which I worked directly or indirectly during my employment by Company or about which I acquired Confidential Information during my employment by Company. 6.3 The parties agree that for purposes of this Agreement, "Restricted Territory" means the one hundred (100) fifty (50) mile radius of any of the following locations: (i) any Company business location at which I have worked on a regular or occasional basis during the preceding year; (ii) my home if I work from home on a regular or occasional basis; (iii) any potential business location of Company under active consideration by Company to which I have traveled in connection with the consideration of that location; (iv) the primary business location of a Customer or Potential Customer; or (v) any business location of a Customer or Potential Customer where representatives of the Customer or Potential Customer with whom I have been in contact in the preceding year are based. 5 7. Reasonableness of Restrictions. 7.1 I agree that I have read this entire Agreement and understand it. I agree that this Agreement does not prevent me from earning a living or pursuing my career. I agree that the restrictions contained in this Agreement are reasonable, proper, and necessitated by Company's legitimate business interests. I represent and agree that I am entering into this Agreement freely and with knowledge of its contents with the intent to be bound by the Agreement and the restrictions contained in it. 7.2 In the event that a court finds this Agreement, or any of its restrictions, to be ambiguous, unenforceable, or invalid, Company and I agree that the court will read the Agreement as a whole and interpret the restriction(s) at issue to be enforceable and valid to the maximum extent allowed by law. 7.3 If the court declines to enforce this Agreement in the manner provided in subsection 7.2, Company and I agree that this Agreement will be automatically modified to provide Company with the maximum protection of its business interests allowed by law and I agree to be bound by this Agreement as modified. 7.4 Furthermore, the parties agree that the market for Company's products is worldwide. If, however, after applying the provisions of subsections 7.2 and 7.3, a court still decides that this Agreement or any of its restrictions is unenforceable for lack of reasonable geographic limitation and the Agreement or restriction(s) cannot otherwise be enforced, the parties hereby agree that the fifty (50) mile radius from any location at which I worked for Company on either a regular or occasional basis during the one (1) year immediately preceding termination of my employment with Company shall be the geographic limitation relevant to the contested restriction. View More
Non-Compete Provision. 6.1Except as modified by Section 10.3 below, unless I am classified as nonexempt under the Fair Labor Standards Act, 29 U.S.C. 201-219, I agree that during the period of my employment and for the one year period after the termination of my employment relationship with the Company due to voluntary termination by me or involuntary termination by the Company for Cause (defined below), I will not, whether paid or not: (i) serve as a partner, principal, licensor, licensee, employee, consultant, offic...er, director, manager, agent, affiliate, representative, advisor, promoter, associate, investor, or otherwise for, (ii) directly or indirectly, own, purchase, organize or take preparatory steps for the organization of, or (iii) build, design, finance, acquire, lease, operate, manage, control, invest in, work or consult for or otherwise join, participate in or affiliate myself with, any business whose business, products or operations are in any respect involved in Conflicting Services (defined below) anywhere in the Restricted Territory (defined below). 6.2The parties further agree that for purposes of this Agreement, "Conflicting Services" means any business in which the Company is engaged, or in which the Company has plans to be engaged, or any service that the Company provides or has plans to provide. 6.3I agree that for purposes of this Agreement, "Restricted Territory" means the geographic areas in which I provided services for the Company or had a material presence or influence, during any time within the last two years prior to the termination of my relationship with the Company. 6.4I agree that for purposes of this Agreement, "Cause" shall mean a termination of my employment by the Company due to my misconduct or failure to meet the Company's performance expectations. 6.5The Company may elect to enforce the provisions of this Section 6 or waive them at its sole discretion. 6.6 I acknowledge that I have received increased severance benefits as set forth in my Amended and Restated Employment Agreement dated March 9, 2020 from the Company in exchange for my agreement to the restrictions in this Section 6. 7.1I agree that I have read this entire Agreement and understand it. 7.2In the event that a court finds this Agreement, or any of its restrictions, to be ambiguous, unenforceable, or invalid, I and Company agree that the court will read the Agreement as a whole and interpret the restriction(s) at issue to be enforceable and valid to the maximum extent allowed by law. 7.3If the court declines to enforce this Agreement in the manner provided in subsection 7.2, Company and I agree that this Agreement will be automatically modified to provide Company with the maximum protection of its business interests allowed by law and I agree to be bound by this Agreement as modified.View More
Non-Compete Provision. 6.1Except as modified by Section 10.3 below, unless I am classified as nonexempt under the Fair Labor Standards Act, 29 U.S.C. 201-219, I agree that during the period of my employment and for the one year period after the termination of my employment relationship with the Company due to voluntary termination by me or involuntary termination by the Company for Cause (defined below), I will not, whether paid or not: (i) serve as a partner, principal, licensor, licensee, employee, consultant, offic...er, director, manager, agent, affiliate, representative, advisor, promoter, associate, investor, or otherwise for, (ii) directly or indirectly, own, purchase, organize or take preparatory steps for the organization of, or (iii) build, design, finance, acquire, lease, operate, manage, control, invest in, work or consult for or otherwise join, participate in or affiliate myself with, any business whose business, products or operations are in any respect involved in Conflicting Services (defined below) anywhere in the Restricted Territory (defined below). 6.2The parties further agree that for purposes of this Agreement, "Conflicting Services" means any business in which the Company is engaged, or in which the Company has plans to be engaged, or any service that the Company provides or has plans to provide. 6.3I agree that for purposes of this Agreement, "Restricted Territory" means the geographic areas in which I provided services for the Company or had a material presence or influence, during any time within the last two years prior to the termination of my relationship with the Company. 6.4I agree that for purposes of this Agreement, "Cause" shall mean a termination of my employment by the Company due to my misconduct or failure to meet the Company's performance expectations. 6.5The Company may elect to enforce the provisions of this Section 6 or waive them at its sole discretion. 6.6 I acknowledge that I have received increased severance benefits as set forth in my Amended and Restated Employment Agreement dated March 9, 2020 [date] from the Company in exchange for my agreement to the restrictions in this Section 6. 7.1I agree that I have read this entire Agreement and understand it. 7.2In the event that a court finds this Agreement, or any of its restrictions, to be ambiguous, unenforceable, or invalid, I and Company agree that the court will read the Agreement as a whole and interpret the restriction(s) at issue to be enforceable and valid to the maximum extent allowed by law. 7.3If the court declines to enforce this Agreement in the manner provided in subsection 7.2, Company and I agree that this Agreement will be automatically modified to provide Company with the maximum protection of its business interests allowed by law and I agree to be bound by this Agreement as modified. View More
Non-Compete Provision. I agree that for the period of my employment with the Company, and for the period of one (1) year after the later of (1) the date my employment ends for any reason, including but not limited to voluntary termination by me or involuntary termination by the Company; or (2) the date a court of competent jurisdiction enters an order enforcing this provision, I will not provide services, similar to those I provided to the Company, to any person or entity in competition (as defined below) with the Com...pany. I acknowledge that this non-compete provision is limited to the types of activities and services I provided in my employment with the Company. At the present time, the Company engages in the research and discovery of genes and their function, and therefore entities and individuals which provide similar products or services are defined as in competition with the Company. The parties understand that the scope and nature of my activities and services, and the Company's business, products or services, may change as the Company develops. The parties agree that the scope of this provision will change to cover any changes in my activities or services, as well as any changes in the Company's business, products or services, during my employment.View More
Non-Compete Provision. I agree that for the period of my employment with the Company, and for the period of one (1) year after the later of (1) the date my employment ends for any reason, including but not limited to voluntary termination by me or involuntary termination by the Company; or (2) the date a court of competent jurisdiction enters an order enforcing this provision, Company, I will not provide services, similar to those I provided to the Company, to any person or entity in competition (as defined below) wit...h the Company. I acknowledge that this non-compete provision is limited to the types of activities and services I provided in my employment with the Company. At the present time, the Company engages in the research and discovery and commercialization of genes treatments for schizophrenia, bi-polar depression, behavior disturbances in dementia, Parkinson's disease, heart failure, substance use disorder and their function, pain, and therefore entities and individuals which provide similar products or services are defined as in competition with the Company. The parties understand that the scope and nature of my activities and services, and the Company's business, products or services, may change as the Company develops. The parties agree that the scope of this provision will change to cover any changes in my activities or services, as well as any changes in the Company's business, products or services, during my employment. View More
