Non-Competition Clause Example with 5 Variations from Business Contracts
This page contains Non-Competition clauses in business contracts and legal agreements. An example clause is provided at the top of the page, followed by clauses with minor variations. You can view the text differences by selecting the "Show Differences" option.
Non-Competition. a. Non-Competition. The Executive covenants and agrees that, during the Executive's employment hereunder and for a period of one (1) year thereafter (to the extent permitted by law), the Executive will not at any time, in the United States or any other jurisdiction in which the Company. the Parent or their respective corporate controlled affiliates is engaged or has reasonably firm plans to engage in business, whether as a principal, investor, employee, consultant, independent contractor, office...r, director, board member, manager, partner, agent, or otherwise, alone or in association with any other person, firm, corporation, or business organization, work for, become employed by, engage in, carry on, provide services to, or assist in any manner (whether or not for compensation or gain) a person or entity that engages in any business in which the Company, the Parent, or any of their corporate controlled affiliates is engaged (a "Competing Business"), where Executive's position or service for such Competing Business relates to Executive's positions with or the types of services performed by the Executive for the Company, the Parent, or any of their corporate controlled affiliates, or is otherwise competitive with the Company's, the Parent's, or any of their corporate controlled affiliates' products or services; provided, however, that the foregoing will not prohibit the Executive from (i) serving on a board of directors (or comparative bodies) of other entities where the Parent has given prior permission, (ii) after the occurrence of both a Change of Control (as defined in Section 11) and the termination of the Executive's employment, being employed by (A) a campus-based institution of higher education that derives no more than twenty percent (20%) of its revenues from online education, provided, that the Executive is not predominantly engaged in supporting the online education, or (B) an online learning company that does not provide higher education, or (iii) serving as a faculty member, "scholar in residence" or similar academic position, provide, that the Executive does not engage in administrative matters, other than to a de minimis extent. Notwithstanding the foregoing, the ownership by the Executive of less than one percent (1%) of the outstanding stock of any corporation listed on a national securities exchange shall not be deemed a violation of this Section 9(a). 4 b. Injunctive Relief. In the event the restrictions against engaging in a competitive activity contained in Section 9(a) hereof shall be determined by any court of competent jurisdiction to be unenforceable by reason of their extending for too great a period of time or over too great a geographical area or by reason of their being too extensive in any other respect, Section 9(a) hereof shall be interpreted to extend only over the maximum period of time for which it may be enforceable and over the maximum geographical area as to which it may be enforceable and to the maximum extent in all other respects as to which it may be enforceable, all as determined by the court in the action. c. Non-Solicitation. The Executive covenants and agrees that the Executive will not, during the Executive's employment and for a period of one (1) year thereafter solicit, induce, entice, or encourage or attempt to solicit, induce, entice, or encourage any employee of the Company or Parent or any of the Company, the Parent, or any of their corporate controlled affiliates to render services for any other person, firm, entity, or corporation or to terminate her employment with the Company, the Parent, or any of their corporate controlled affiliates.View More
Variations of a "Non-Competition" Clause from Business Contracts
Non-Competition. a. Non-Competition. The Executive covenants and agrees that, during the Executive's employment hereunder and for a period of one (1) year twenty-four (24) months thereafter (to the extent permitted by law), the Executive will not at any time, in the United States or any other jurisdiction in which the Company. the Parent Company or their respective its corporate controlled affiliates is engaged or has reasonably firm plans to engage in business, whether as a principal, investor, employee, consul...tant, independent contractor, officer, director, board member, manager, partner, agent, or otherwise, alone or in association with any other person, firm, corporation, or business organization, work for, become employed by, engage in, carry on, provide services to, or assist in any manner (whether or not for compensation or gain) a person or entity that engages in any business in which the Company, the Parent, Company or any of their its corporate controlled affiliates is engaged as of the Date of Termination (as defined below) (a "Competing Business"), where Executive's position or service for such Competing Business relates to Executive's positions with or the types of services performed by the Executive for the Company, the Parent, Company or any of their its corporate controlled affiliates, or is otherwise competitive with the Company's, the Parent's, Company's or any of their its corporate controlled affiliates' products or services; provided, however, that the foregoing will not prohibit the Executive from (i) serving on a board of directors (or comparative comparable bodies) of other entities where the Parent Company has given prior permission, (ii) after the occurrence of both a Change of Control (as defined in Section 11) and the termination of the Executive's employment, being employed by (A) a campus-based institution of higher education that derives no more than twenty percent (20%) of its revenues from online education, permission; provided, further, that the foregoing will not prohibit the Executive from serving as a consultant (in her individual capacity and not as an employee, partner, or other service provider to an entity providing services) where Executive is not predominantly engaged providing consulting services to (1) a business or entity in supporting direct or indirect competition with the online education, products and services of the Company as of the Date of Termination (as defined below), or (B) an online learning company (2) a business or entity that does not provide higher education, is on the Date of Termination, or (iii) serving as was in the 12-month period prior to the Date of Termination (as defined below), a faculty member, "scholar in residence" customer, client, partner or similar academic position, provide, prospect with whom there has meaningful engagement of the Company; and provided, further, that the Executive does foregoing covenants and agreements in this Section 9(a) will not engage be in administrative matters, other than to a de minimis extent. effect at any time when the Company is in material breach of its obligations under Section 11(d) below. Notwithstanding the foregoing, the ownership by the Executive of less than one percent (1%) of the outstanding stock of any corporation listed on a national securities exchange shall not be deemed a violation of this Section 9(a). 4 6 Execution Version b. Injunctive Relief. The Company shall be entitled to injunctive relief to protect its rights under this Section 9 without the necessity of posting a bond. In the event the restrictions against engaging in a competitive activity contained in Section 9(a) hereof shall be determined by any court of competent jurisdiction to be unenforceable by reason of their extending for too great a period of time or over too great a geographical area or by reason of their being too extensive in any other respect, Section 9(a) hereof shall be interpreted to extend only over the maximum period of time for which it may be enforceable and over the maximum geographical area as to which it may be enforceable and to the maximum extent in all other respects as to which it may be enforceable, all as determined by the court in the action. c. Non-Solicitation. The Executive covenants and agrees that the Executive will not, during the Executive's employment and for a period of one (1) year twenty-four (24) months thereafter solicit, induce, entice, or encourage or attempt to solicit, induce, entice, or encourage any employee of the Company or Parent or any of the Company, the Parent, or any of their its corporate controlled affiliates to render services for any other person, firm, entity, or corporation or to terminate her his employment with the Company, the Parent, Company or any of their its corporate controlled affiliates. View More
Non-Competition. 3Execution Version a. Non-Competition. The Executive covenants and agrees that, during the Executive's employment hereunder and for a period of one (1) year twenty-four (24) months thereafter (to the extent permitted by law), the Executive will not at any time, in the United States or any other jurisdiction in which the Company. the Parent Company or their respective its corporate controlled affiliates is engaged or has reasonably firm plans to engage in business, whether as a principal, investo...r, employee, consultant, independent contractor, officer, director, board member, manager, partner, agent, or otherwise, alone or in association with any other person, firm, corporation, or business organization, work for, become employed by, engage in, carry on, provide services to, or assist in any manner (whether or not for compensation or gain) a person or entity that engages in any business in which the Company, the Parent, Company or any of their its corporate controlled affiliates is engaged as of the Date of Termination (as defined below) (a "Competing Business"), where Executive's position or service for such Competing Business relates to Executive's positions with or the types of services performed by the Executive for the Company, the Parent, Company or any of their its corporate controlled affiliates, or is otherwise competitive with the Company's, the Parent's, Company's or any of their its corporate controlled affiliates' products or services; provided, however, that the foregoing will not prohibit the Executive from (i) serving on a board of directors (or comparative comparable bodies) of other entities where the Parent Company has given prior permission, (ii) after the occurrence of both a Change of Control (as defined in Section 11) and the termination of the Executive's employment, being employed by (A) a campus-based institution of higher education that derives no more than twenty percent (20%) of its revenues from online education, permission; provided, further, that the foregoing will not prohibit the Executive from serving as a consultant (in her individual capacity and not as an employee, partner, or other service provider to an entity providing services) where Executive is not predominantly engaged providing consulting services to (1) a business or entity in supporting direct or indirect competition with the online education, products and services of the Company as of the Date of Termination (as defined below), or (B) an online learning company (2) a business or entity that does not provide higher education, is on the Date of Termination, or (iii) serving as was in the 12-month period prior to the Date of Termination (as defined below), a faculty member, "scholar in residence" customer, client, partner or similar academic position, provide, prospect with whom there has meaningful engagement of the Company; and provided, further, that the Executive does foregoing covenants and agreements in this Section 9(a) will not engage be in administrative matters, other than to a de minimis extent. effect at any time when the Company is in material breach of its obligations under Section 11(d) below. Notwithstanding the foregoing, the ownership by the Executive of less than one percent (1%) of the outstanding stock of any corporation listed on a national securities exchange shall not be deemed a violation of this Section 9(a). 4 b. Injunctive Relief. The Company shall be entitled to injunctive relief to protect its rights under this Section 9 without the necessity of posting a bond. In the event the restrictions against engaging in a competitive activity contained in Section 9(a) hereof shall be determined by any court of competent jurisdiction to be unenforceable by reason of their extending for too great a period of time or over too great a geographical area or by reason of their being too extensive in any other respect, Section 9(a) hereof shall be interpreted to extend only over the maximum period of time for which it may be enforceable and over the maximum geographical area as to which it may be enforceable and to the maximum extent in all other respects as to which it may be enforceable, all as determined by the court in the action. c. Non-Solicitation. The Executive covenants and agrees that the Executive will not, during the Executive's employment and for a period of one (1) year twenty-four (24) months thereafter solicit, induce, entice, or encourage or attempt to solicit, induce, entice, or encourage any employee of the Company or Parent or any of the Company, the Parent, or any of their its corporate controlled affiliates to render services for any other person, firm, entity, or corporation or to terminate her his employment with the Company, the Parent, Company or any of their its corporate controlled affiliates. View More
Non-Competition. a. Non-Competition. The Executive covenants and agrees that, during the Executive's employment hereunder and for a period of one (1) year thereafter (to the extent permitted by law), the Executive will not at any time, in the United States or any other jurisdiction in which the Company. Company, the Parent or their respective corporate controlled affiliates is engaged or has reasonably firm plans to engage in business, whether as a principal, investor, employee, consultant, independent contracto...r, officer, director, board member, manager, partner, agent, or otherwise, alone or in association with any other person, firm, corporation, or business organization, work for, become employed by, engage in, carry on, provide services to, or assist in any manner (whether or not for compensation or gain) a person or entity that engages in any business in which the Company, the Parent, or any of their corporate controlled affiliates is engaged (a "Competing Business"), where Executive's position or service for such Competing Business relates to Executive's positions with or the types of services performed by the Executive for the Company, the Parent, or any of their corporate controlled affiliates, or is otherwise competitive with the Company's, the Parent's, or any of their corporate controlled affiliates' products or services; provided, however, that the foregoing will not prohibit the Executive from (i) serving on a board of directors (or comparative comparable bodies) of other entities where the Parent has given prior permission, (ii) after the occurrence of both a Change of Control (as defined in Section 11) and the termination of the Executive's employment, being employed by (A) a campus-based institution of higher education that derives no more than twenty percent (20%) of its revenues from online education, provided, that the Executive is not predominantly engaged in supporting the online education, or (B) an online learning company that does not provide higher education, or (iii) serving as a faculty member, "scholar in residence" or similar academic position, provide, that the Executive does not engage in administrative matters, other than to a de minimis extent. permission. Notwithstanding the foregoing, the ownership by the Executive of less than one percent (1%) of the outstanding stock of any corporation listed on a national securities exchange shall not be deemed a violation of this Section 9(a). 8(a). 4 b. Injunctive Relief. The Company shall be entitled to injunctive relief to protect its rights under this Section 9 without the necessity of posting a bond. In the event the restrictions against engaging in a competitive activity contained in Section 9(a) 8(a) hereof shall be determined by any court of competent jurisdiction to be unenforceable by reason of their extending for too great a period of time or over too great a geographical area or by reason of their being too extensive in any other respect, Section 9(a) 8(a) hereof shall be interpreted to extend only over the maximum period of time for which it may be enforceable and over the maximum geographical area as to which it may be enforceable and to the maximum extent in all other respects as to which it may be enforceable, all as determined by the court in the action. c. Non-Solicitation. The Executive covenants and agrees that the Executive will not, during the Executive's employment and for a period of one (1) year thereafter solicit, induce, entice, or encourage or attempt to solicit, induce, entice, or encourage any employee of the Company or Parent or any of the Company, the Parent, or any of their corporate controlled affiliates to render services for any other person, firm, entity, or corporation or to terminate her employment with the Company, the Parent, or any of their corporate controlled affiliates. View More
Non-Competition. a. Non-Competition. The Executive covenants and agrees that, during the Executive's employment hereunder and for a period of one (1) year eighteen (18) months thereafter (to the extent permitted by law), the Executive will not at any time, in the United States or any other jurisdiction in which the Company. the Parent or their respective corporate controlled affiliates is engaged or has reasonably firm plans to engage in business, whether as a principal, investor, employee, consultant, independe...nt contractor, officer, director, board member, manager, partner, agent, or otherwise, alone or in association with any other person, firm, corporation, or business organization, work for, become employed by, engage in, carry on, provide services to, or assist in any manner (whether or not for compensation or gain) a person or entity that engages in any business in which the Company, the Parent, or any of their corporate controlled affiliates is engaged (a "Competing Business"), where Executive's position or service for such Competing Business relates to Executive's positions with or the types of services performed by the Executive for the Company, the Parent, or any of their corporate controlled affiliates, or is otherwise competitive with the Company's, the Parent's, or any of their corporate controlled affiliates' products or services; provided, however, that the foregoing will not prohibit the Executive from (i) serving on a board of directors (or comparative comparable bodies) of other entities where the Parent has given prior permission, (ii) after the occurrence of both a Change of Control (as defined in Section 11) and the termination of the Executive's employment, being employed by (A) a campus-based institution of higher education that derives no more than twenty percent (20%) of its revenues from online education, provided, that the Executive is not predominantly engaged in supporting the online education, or (B) an online learning company that does not provide higher education, or (iii) serving as a faculty member, "scholar in residence" or similar academic position, provide, that the Executive does not engage in administrative matters, other than to a de minimis extent. permission. Notwithstanding the foregoing, the ownership by the Executive of less than one percent (1%) of the outstanding stock of any corporation listed on a national securities exchange shall not be deemed a violation of this Section 9(a). 4 b. Injunctive Relief. The Company shall be entitled to injunctive relief to protect its rights under this Section 9 without the necessity of posting a bond. In the event the restrictions against engaging in a competitive activity contained in Section 9(a) hereof shall be determined by any court of competent jurisdiction to be unenforceable by reason of their extending for too great a period of time or over too great a geographical area or by reason of their being too extensive in any other respect, Section 9(a) hereof shall be interpreted to extend only over the maximum period of time for which it may be enforceable and over the maximum geographical area as to which it may be enforceable and to the maximum extent in all other respects as to which it may be enforceable, all as determined by the court in the action. c. Non-Solicitation. The Executive covenants and agrees that the Executive will not, during the Executive's employment and for a period of one (1) year thereafter solicit, induce, entice, or encourage or attempt to solicit, induce, entice, or encourage any employee of the Company or Parent or any of the Company, the Parent, or any of their corporate controlled affiliates to render services for any other person, firm, entity, or corporation or to terminate her his employment with the Company, the Parent, or any of their corporate controlled affiliates. View More
Non-Competition. a. Non-Competition. The Executive covenants and agrees that, during the Executive's employment hereunder and for a period of one (1) year twenty-four (24) months thereafter (to the extent permitted by law), the Executive will not at any time, in the United States or any other jurisdiction in which the Company. Company, the Parent University or their respective corporate controlled affiliates is engaged or has reasonably firm plans to engage in business, whether as a principal, investor, employee..., consultant, independent contractor, officer, director, board member, manager, partner, agent, or otherwise, alone or in association with any other person, firm, corporation, or business organization, work for, become employed by, engage in, carry on, provide services to, or assist in any manner (whether or not for compensation or gain) a person or entity that engages in any business in which the Company, the Parent, University or any of their corporate controlled affiliates is engaged (a "Competing Business"), where Executive's position or service for such Competing Business relates to Executive's positions with or the types of services performed by the Executive for the Company, the Parent, University or any of their corporate controlled affiliates, or is otherwise competitive with the Company's, Company, the Parent's, University's or any of their corporate controlled affiliates' products or services; provided, however, that the foregoing will not prohibit the Executive from (i) serving on a board Board of directors Directors (or comparative comparable bodies) of other entities where the Parent Company or the University has given prior permission, (ii) after the occurrence of both a Change of Control (as defined in Section 11) 12) and the termination of the Executive's employment, being employed by (A) a campus-based institution of higher education that derives no more than twenty percent (20%) of its revenues from online education, provided, that the Executive is not predominantly engaged in supporting the online education, or (B) an online learning company that does not provide higher education, or (iii) serving as a faculty member, "scholar in residence" or similar academic position, provide, provided, that the Executive does not engage in administrative matters, other than to a de minimis extent. Notwithstanding the foregoing, the ownership by the Executive of less than one five percent (1%) (5%) of the outstanding stock of any corporation listed on a national securities exchange shall not be deemed a violation of this Section 9(a). 4 Execution Version b. Injunctive Relief. In the event the restrictions against engaging in a competitive activity contained in Section 9(a) hereof shall be determined by any court of competent jurisdiction to be unenforceable by reason of their extending for too great a period of time or over too great a geographical area or by reason of their being too extensive in any other respect, Section 9(a) hereof shall be interpreted to extend only over the maximum period of time for which it may be enforceable and over the maximum geographical area as to which it may be enforceable and to the maximum extent in all other respects as to which it may be enforceable, all as determined by the court in the action. c. Non-Solicitation. The Executive covenants and agrees that the Executive will not, during the Executive's employment hereunder and for a period of one (1) year twenty-four (24) months thereafter solicit, induce, entice, or encourage or attempt to solicit, induce, entice, or encourage any employee of the Company or Parent or any of the Company, the Parent, University or any of their corporate controlled affiliates to render services for any other person, firm, entity, or corporation or to terminate his or her employment with the Company, the Parent, University or any of their corporate controlled affiliates. View More
