Grouped Into 63 Collections of Similar Clauses From Business Contracts
This page contains Non-Competition clauses in business contracts and legal agreements. We have organized these clauses into groups of similarly worded clauses.
Non-Competition. (a) During the time in which Employee performs services for the Company and for a period of twelve (12) months after the termination of Employee's employment with the Company, regardless of the reason, Employee shall not, directly or indirectly, either alone or in conjunction with any person, firm, association, company or corporation, within the Restricted Area: (i) own, manage, operate, or participate in the ownership, management, operation, or control of, or be employed by, any entity which is... in competition with the Company's Business in which the Employee would hold a position with responsibilities that are entirely or substantially similar to any position the Employee held during the last twelve (12) months of the Employee's employment with the Company or in which the Employee would have responsibility for or access to confidential information that is similar to or relevant to that Confidential Information which the Employee had access to during the last twelve (12) months of the Employee's employment with the Company; or (ii) provide services to any person or entity that engages in any business that is similar to, or competitive with the Company's business if doing so would require Employee to use or disclose the Company's Confidential Information. (b) Notwithstanding anything to the contrary, nothing in this Section 6 prohibits Employee from being a passive owner of not more than one percent (1%) of the outstanding stock of any class of a corporation which is publicly traded, so long as Employee has no active participation in the business of such corporation. Employee acknowledges and agrees that the restrictions contained in this Agreement with respect to time, geographical area and scope of activity are reasonable and do not impose a greater restraint than is necessary to protect the goodwill and other legitimate business interests of the Company and that the Employee has had the opportunity to review the provisions of this Agreement with his legal counsel. In particular, the Employee agrees and acknowledges that the Company is currently engaging in business and actively marketing its services and products throughout the United States, that Employee's duties and responsibilities for the Company are co-extensive with the entire scope of the Company's business, that the Company has spent significant time and effort developing and protecting the confidentiality of their methods of doing business, technology, customer lists, long term customer relationships and trade secrets and that such methods, technology, customer lists, customer relationships and trade secrets have significant value. By continuing employment with the Company, Employee understands and agrees that: (a) Employee will not bring any confidential information of any former employer, nor any proprietary work product created as part of Employee's duties with Employee's former employer; and (b) Employee will not use or disclose any former employer's confidential information or proprietary work product in the performance of Employee's duties with the Company. Further, Employee represents that Employee is not subject to any contract that would prohibit Employee from performing Employee's duties for the Company.View More
Non-Competition. (a) During the time in which Employee performs services for the Company and for a period of twelve (12) months after the termination of Employee's employment with the Company, regardless of the reason, Employee shall not, directly or indirectly, either alone or in conjunction with any person, firm, association, company or corporation, within the Restricted Area: (i) own, manage, operate, or participate in the ownership, management, operation, or control of, or be employed by, any entity which is... in competition with the Company's Business in which the Employee would hold a position with responsibilities that are entirely or substantially similar to any position the Employee held during the last twelve (12) months of the Employee's employment with the Company or in which the Employee would have responsibility for or access to confidential information that is similar to or relevant to that Confidential Information which the Employee had access to during the last twelve (12) months of the Employee's employment with the Company; or C-4 (ii) provide services to any person or entity that engages in any business that is similar to, or competitive with the Company's business if doing so would require Employee to use or disclose the Company's Confidential Information. (b) Notwithstanding anything to the contrary, nothing in this Section 6 prohibits Employee from being a passive owner of not more than one percent (1%) of the outstanding stock of any class of a corporation which is publicly traded, so long as Employee has no active participation in the business of such corporation. Employee acknowledges and agrees that the restrictions contained in this Agreement with respect to time, geographical area and scope of activity are reasonable and do not impose a greater restraint than is necessary to protect the goodwill and other legitimate business interests of the Company and that the Employee has had the opportunity to review the provisions of this Agreement with his legal counsel. In particular, the Employee agrees and acknowledges that the Company is currently engaging in business and actively marketing its services and products throughout the United States, that Employee's duties and responsibilities for the Company are co-extensive with the entire scope of the Company's business, that the Company has spent significant time and effort developing and protecting the confidentiality of their methods of doing business, technology, customer lists, long term customer relationships and trade secrets and that such methods, technology, customer lists, customer relationships and trade secrets have significant value. By continuing employment with the Company, Employee understands and agrees that: (a) Employee will not bring any confidential information of any former employer, nor any proprietary work product created as part of Employee's duties with Employee's former employer; and (b) Employee will not use or disclose any former employer's confidential information or proprietary work product in the performance of Employee's duties with the Company. Further, Employee represents that Employee is not subject to any contract that would prohibit Employee from performing Employee's duties for the Company. View More
Non-Competition. (a) During Employee's MKS Employment (as defined below) and for 12 months immediately thereafter (together, the "Non-Compete Period"), Employee will not engage in or otherwise carry on, directly or indirectly anywhere in the world (as principal, agent, employee, employer, investor, shareholder (except for holdings of no greater than 1% of the total outstanding shares in a publicly-traded company), consultant, partner, member, manager, financier or in any other individual or representative capaci...ty of any kind whatsoever), any Competitive Activity (as defined below). (b) "MKS Employment" means the period beginning on the first day that Employee is employed by the Company and ending on the first day on which Employee is no longer employed by any MKS Entity (as defined below). (c) "MKS Entity" means (i) the Company; (ii) any current or future parent, subsidiary or affiliate of the Company; or (iii) any successor or assign of (i) or (ii). 5 (d) "Competitive Activity" means business or activity competitive with an MKS Entity but only to the extent that business or activity is related to, similar to or competitive with the activities of the business unit(s), division(s), laborator(y)(ies), facilit(y)(ies) and other operational unit(s) in or for which Employee performed work for an MKS Entity or about which Employee acquired Proprietary Information (as defined in the Confidential Information Agreement). (e) The Non-Compete Period will be extended for any period during which Employee is in breach of this Employment Agreement or the Confidential Information Agreement. (f) If any court of competent jurisdiction determines that this Section 7 is unenforceable because the Non-Compete Period is too long or because Competitive Activity includes too great a range of activities or too wide a geographic scope, the parties agree that this Section 7 should be interpreted to extend only over the maximum period of time or range of activities or geographic scope as to which it may be enforceable. (g) The post-employment restrictions on Employee's conduct contained in this Employment Agreement and in the Confidential Information Agreement: (i) will continue to apply even if Employee's duties, title, compensation, location or other terms or conditions of employment change, and even if such change or changes are material; and (ii) will apply regardless of how or why Employee's employment ends. (h) The Company and Employee agree that violation by Employee of any of the provisions of this Section 7 of this Employment Agreement would cause the Company irreparable harm beyond what could reasonably or adequately be compensated in damages, and that the Company would therefore be entitled (in addition to the Company's other remedies) to an injunction, declaratory judgment or restraining order against any such violation or threatened violation.View More
Non-Competition. (a) During Employee's MKS Employment (as defined below) and for 12 months immediately thereafter (together, the "Non-Compete Period"), Employee will not engage in or otherwise carry on, directly or indirectly anywhere in the world (as principal, agent, employee, employer, investor, shareholder (except for holdings of no greater than 1% of the total outstanding shares in a publicly-traded company), consultant, partner, member, manager, financier or in any other individual or representative capaci...ty of any kind whatsoever), any Competitive Activity (as defined below). (b) "MKS Employment" means the period beginning on the first day that Employee is employed by the Company and ending on the first day on which Employee is no longer employed by any MKS Entity (as defined below). (c) "MKS Entity" means (i) the Company; (ii) any current or future parent, subsidiary or affiliate of the Company; or (iii) any successor or assign of (i) or (ii). 5 (d) "Competitive Activity" means business or activity competitive with an MKS Entity but only to the extent that business or activity is related to, similar to to, or competitive with the activities of the business unit(s), division(s), laborator(y)(ies), facilit(y)(ies) and other operational unit(s) in or for which Employee performed work for an MKS Entity or about which Employee acquired Proprietary Information (as defined in the Confidential Information Agreement). (e) The Non-Compete Period will shall be extended for any period during which Employee is in to two (2) years upon Employee's breach of this Employment Agreement his/her fiduciary duty and/or unlawful taking, physically or electronically, of property belonging to the Confidential Information Agreement. Company. (f) If any court of competent jurisdiction determines that this Section 7 is unenforceable because the Non-Compete Period is too long or because Competitive Activity includes too great a range of activities or too wide a geographic scope, the parties agree that this Section 7 should be interpreted to extend only over the maximum period of time or range of activities or geographic scope as to which it may be enforceable. (g) The post-employment restrictions on Employee's conduct contained in this Employment Agreement and in the Confidential Information Agreement: (i) Agreement will continue to apply even if Employee's duties, title, compensation, location or other terms or conditions of employment change, and even if such change or changes are material; and (ii) will apply regardless of how or why Employee's employment ends. material. 6 (h) The Company and Employee agree that violation by Employee of any of the provisions of this Section 7 of this Employment Agreement would cause the Company irreparable harm beyond what could reasonably or adequately be compensated in damages, and that the Company would therefore be entitled (in addition to the Company's other remedies) to an injunction, declaratory judgment or restraining order against any such violation or threatened violation. (i) Employee has had an opportunity to have this Agreement reviewed by an attorney before signing. (j) Employee acknowledges and agrees that this non-competition covenant is supported by the following mutually-agreed upon consideration, which the parties acknowledge and agree is fair and reasonable: at-will employment with the Company, the compensation and benefits associated therewith and the other terms and conditions of this Agreement. (k) If and to the extent Employee is employed in California, the provisions of this Section 7 shall not apply. View More
Non-Competition. Executive agrees that for so long as he is employed by the Company under this Agreement, including any at-will employment, and for three (3) years thereafter, the Executive will not: -7- A. enter into the employ of or render any services to any person, firm, or corporation, or other entity that is engaged, in any part, in a Competitive Business (as defined below); B. engage in any directly Competitive Business for his own account; C. become associated with or interested in through retention or b...y employment any Competitive Business as an individual, partner, shareholder, creditor, director, officer, principal, agent, employee, trustee, consultant, advisor, or in any other relationship or capacity; D. solicit, interfere with, or endeavor to entice away from the Company, any of its customers, strategic partners, or sources of supply or E. directly or indirectly solicit, entice, encourage or influence any employee of the Company to terminate such employee's employment with the Company to become employed by a Competitive Business. Nothing in this Agreement shall preclude Executive from investing his personal assets in the securities of any Competitive Business if such securities are traded on a national stock exchange or in the over-the-counter market and if such investment does not result in his beneficially owning, at any time, more than one percent (1%) of the publicly-traded equity securities of such Competitive Business. "Competitive Business" for purposes of this Agreement shall mean any business or enterprise: i. which is engaged in the development, commercialization or distribution of glucose monitoring systems or other wearable health devices; ii. which reasonably could be understood to be competitive in the relevant market with products and/or systems described in clause (i) above; or iii. in which the Company engages in during the term of employment hereunder pursuant to a determination of the Board and from which the Company derives more than five percent (5%) of its revenue in any fiscal quarter.View More
Non-Competition. Executive agrees that for so long as he is employed by the Company under this Agreement, including any at-will employment, Agreement and for three (3) years one (1) year thereafter, the Executive will not: -7- A. enter into the employ of or render any services to any person, firm, or corporation, or other entity that which is engaged, in any part, in a Competitive Business (as defined below); B. engage in any directly Competitive Business for his own account; C. become associated with or interes...ted in through retention or by employment any Competitive Business as an individual, partner, shareholder, creditor, director, officer, principal, agent, employee, trustee, consultant, advisor, or in any other relationship or capacity; or D. solicit, interfere with, or endeavor to entice away from the Company, any of its customers, strategic partners, or sources of supply or E. directly or indirectly solicit, entice, encourage or influence any employee of the Company to terminate such employee's employment with the Company to become employed by a Competitive Business. supply. Nothing in this Agreement shall preclude the Executive from taking employment in the banking or related financial services industries nor from investing his personal assets in the securities of or any Competitive Business if such securities are traded on a national stock exchange or in the over-the-counter market and if such investment does not result in his beneficially owning, at any time, more than one percent (1%) of the publicly-traded equity securities of such Competitive Business. "Competitive Business" for purposes of this Agreement shall mean any business or enterprise: i. -7- a. which is engaged in the development, commercialization or distribution of glucose monitoring systems for use in detection, diagnosis or other wearable health devices; ii. treatment of cancer, inflammatory or immune-related diseases, including without limitation the development, commercialization or distribution of radiopharmaceuticals for such purposes, or b. which reasonably could be understood to be competitive in the relevant market with products and/or systems described in clause (i) above; a above, or iii. c. in which the Company engages in during the term of employment hereunder Term pursuant to a determination of the Board and from which the Company derives more than five percent (5%) a material amount of its revenue or in any fiscal quarter. which the Company has made a material capital investment. The covenant set forth in this Section 6 shall terminate immediately upon the substantial completion of the liquidation of assets of the Company or the termination of the employment of the Executive by the Company without cause. View More
Non-Competition. the CFO agrees and undertakes that he will not, so long as the Agreement is in effect and for a period of twelve (12) months following termination of the Agreement, for any reason whatsoever, directly or indirectly, in any capacity whatsoever, (i) engage in, become financially interested in, be employed by, or have any connection with any business or venture that is engaged in any activities competing with the activities of the Company and/or Integrity; (ii) employ or solicit employees or former... employees of the Company and/or Integrity for the purposes of such activities; (iii) engage in business activities with third parties, including clients, suppliers, service providers, consultants and contractors, which at the time of termination of the Agreement or six (6) months earlier, were engaged in any form of relations, business or otherwise, with the Company and/or with Integrity. The CFO's undertakings pursuant to this Section shall also remain in force after the termination of this agreement, without any limitation.View More
Non-Competition. the CFO COO agrees and undertakes that he will not, so long as the Agreement is in effect and for a period of twelve (12) months following termination of the Agreement, for any reason whatsoever, directly or indirectly, in any capacity whatsoever, (i) engage in, become financially interested in, be employed by, or have any connection with any business or venture that is engaged in any activities competing with the activities of the Company and/or Integrity; (ii) employ or solicit employees or fo...rmer employees of the Company and/or Integrity for the purposes of such activities; (iii) engage in business activities with third parties, including clients, suppliers, service providers, consultants and contractors, which at the time of termination of the Agreement or six (6) months earlier, were engaged in any form of relations, business or otherwise, with the Company and/or with Integrity. The CFO's COO's undertakings pursuant to this Section shall also remain in force after the termination of this agreement, without any limitation. View More
Non-Competition. You agree that both during the course of your employment, and for a period of three (3) months following the voluntary or involuntary termination of your employment, you will not accept employment or otherwise engage in any activity or work, that is in any way competitive with the business of VNB in which you are significantly involved at any time during your employment with VNB in a geographic area within a 30 mile radius of your then current office location (or, if applicable, the office locat...ion at which you were primarily working immediately prior to the termination of your employment with VNB) or within a 10 mile radius of any other VNB location. For purposes of this Agreement, you acknowledge and agree that VNB and its affiliates are engaged in the financial services business which includes, without limitation, commercial and retailing banking and lending, treasury management, private banking, trust, investment/brokerage services, wealth management and funds management. You also acknowledge that VNB has strategic plans related to offering services such as leasing, brokerage, international and factoring, and that those services and businesses will be considered competitive with VNB under the terms of this Agreement to the extent that you are significantly involved in such services or businesses during your employment with VNB.View More
Non-Competition. You agree that both during the course of your employment, and for a period of three (3) months following the your voluntary or involuntary termination of your employment, employment for any reason or VNB's termination of your employment for "Cause", as defined below, you will not accept employment or otherwise engage in any activity or work, that is in any way competitive with the business of VNB in which you are significantly involved at any time during your employment with VNB in a geographic ...area within a 30 mile radius of your then current office location (or, if applicable, the office location at which you were primarily working immediately prior to the termination of your employment with VNB) or within a 10 mile radius of any other VNB location. For purposes of this Agreement, you acknowledge and agree that VNB and its affiliates are engaged in the financial services business which includes, without limitation, commercial and retailing banking and lending, treasury management, private banking, trust, investment/brokerage services, wealth management and funds management. You also acknowledge that VNB has strategic plans related to offering services such as leasing, brokerage, international and factoring, and that those services and businesses will be considered competitive with VNB under the terms of this Agreement to the extent that you are significantly involved in such services or businesses during your employment with VNB. For purposes of this Section, "Cause" means (i) gross incompetence, gross negligence, willful misconduct in connection with the performance of your duties or breach of a fiduciary duty owed to VNB or any affiliated company; (ii) your conviction of or entering of a guilty plea or a plea of no contest with respect to a felony or a crime of moral turpitude or commission of an act of embezzlement or fraud against VNB or any affiliated company; (iii) any material breach by you of a material term of this Agreement, your Management Continuity Agreement or other agreement related to your employment, including, without limitation, material failure to perform a substantial portion of your duties and responsibilities; or (iv) your deliberate dishonesty with respect to VNB or any affiliated company. View More
Non-Competition. (a) The Participants hereunder agree that this Section 11 is reasonable and necessary in order to protect the legitimate business interests and goodwill of the Company, including the Company's trade secrets, valuable confidential business and professional information, substantial relationships with prospective and existing customers and clients, and specialized training provided to Participants and other employees of the Company. The Participants acknowledge and recognize the highly competitive ...nature of the business of the Company and its Subsidiaries and accordingly agree that during the term of each of their employment and for a period of two (2) years after the termination thereof: (i) The Participants will not directly or indirectly engage in any business substantially similar to any line of business conducted by the Company or any of its Subsidiaries, including, but not limited to, where such engagement is as an officer, director, proprietor, employee, partner, investor (other than as a holder of less than 1% of the outstanding capital stock of a publicly traded corporation), consultant, advisor, agent or sales representative, in any geographic region in which the Company or any of its Subsidiaries conducted business; (ii) The Participants will not contact, solicit, perform services for, or accept business from any customer or prospective customer of the Company or any of its Subsidiaries in any line of business conducted by the Company or any of its subsidiaries; (iii) The Participants will not directly or indirectly induce any employee of the Company or any of its Subsidiaries to: (1) engage in any activity or conduct which is prohibited pursuant to subparagraph 11(a)(i) or (2) terminate such employee's employment with the Company or any of its Subsidiaries. Moreover, the Participants will not directly or indirectly employ or offer employment (in connection with any business substantially similar to any line of business conducted by the Company or any of its Subsidiaries) to any person who was employed by the Company or any of its Subsidiaries unless such person shall have ceased to be employed by the Company or any of its Subsidiaries for a period of at least 12 months; and (iv) The Participants will not directly or indirectly assist others in engaging in any of the activities, which are prohibited under subparagraphs (a)(i-iii) above. (b) It is expressly understood and agreed that although the Participants and the Company consider the restrictions contained in this Section 11 to be reasonable, if a final judicial determination is made by a court of competent jurisdiction that the time or territory or any other restriction contained in this Program is an unenforceable restriction against any Participant, the provisions of this Program shall not be rendered void but shall be deemed amended to apply as to such maximum time and territory and to such maximum extent as such court may judicially determine or indicate to be enforceable against such Participant. Alternatively, if any court of competent jurisdiction finds that any restriction contained in this Program is unenforceable, and such restriction cannot be amended so as to make it enforceable, such finding shall not affect the enforceability of any of the other restrictions contained herein. The restrictive covenants set forth in this Section 11 shall be extended by any amount of time that a Participant is in breach of such covenants, such that the Company receives the full benefit of the time duration set forth above.View More
Non-Competition. (a) 8.1 The Participants hereunder agree Participant hereby agrees that this Section 11 8 is reasonable and necessary in order to protect the legitimate business interests and goodwill of the Company, including the Company's trade secrets, valuable confidential business and professional information, substantial relationships with prospective and existing customers and clients, and specialized training provided to Participants the Participant and other employees of the Company. The Participants a...cknowledge Participant acknowledges and recognize recognizes the highly competitive nature of the business of the Company and its Subsidiaries Affiliates and accordingly agree agrees that during the term of each of their Participant's employment and for a period of two (2) years after the termination thereof: (i) 3 (a) The Participants Participant will not directly or indirectly engage in any business substantially similar to any line of business conducted by the Company or any of its Subsidiaries, Affiliates, including, but not limited to, where such engagement is as an officer, director, proprietor, employee, partner, investor (other than as a holder of less than 1% of the outstanding capital stock of a publicly traded corporation), consultant, advisor, agent or sales representative, in any geographic region in which the Company or any of its Subsidiaries Affiliates conducted business; (ii) (b) The Participants Participant will not contact, solicit, perform services for, or accept business from any customer or prospective customer of the Company or any of its Subsidiaries in any line of business conducted by the Company or any of its subsidiaries; (iii) Affiliates; (c) The Participants Participant will not directly or indirectly induce any employee of the Company or any of its Subsidiaries Affiliates to: (1) engage in any activity or conduct which is prohibited pursuant to subparagraph 11(a)(i) 8.1(a); or (2) terminate such employee's employment with the Company or any of its Subsidiaries. Affiliates. Moreover, the Participants Participant will not directly or indirectly employ or offer employment (in connection with any business substantially similar to any line of business conducted by the Company or any of its Subsidiaries) Affiliates) to any person who was employed by the Company or any of its Subsidiaries Affiliates unless such person shall have ceased to be employed by the Company or any of its Subsidiaries Affiliates for a period of at least 12 months; and (iv) (d) The Participants Participant will not directly or indirectly assist others in engaging in any of the activities, which are prohibited under subparagraphs (a)(i-iii) (a) — (c) above. (b) 8.2 It is expressly understood and agreed that although the Participants Participant and the Company consider the restrictions contained in this Section 11 8 to be reasonable, if a final judicial determination is made by a court of competent jurisdiction that the time or territory or any other restriction contained in this Program Agreement is an unenforceable restriction against any the Participant, the provisions of this Program Agreement shall not be rendered void but shall be deemed amended to apply as to such maximum time and territory and to such maximum extent as such court may judicially determine or indicate to be enforceable against such Participant. Alternatively, if any court of competent jurisdiction finds that any restriction contained in this Program Agreement is unenforceable, and such restriction cannot be amended so as to make it enforceable, such finding shall not affect the enforceability of any of the other restrictions contained herein. The restrictive covenants set forth in this Section 11 8 shall be extended by any amount of time that a the Participant is in breach of such covenants, such that the Company receives the full benefit of the time duration set forth above. View More
Non-Competition. Ancillary to his promise to protect the Confidential Information of Employer, Executive agrees that during the term of this Agreement, and for a period of twelve (12) months following the earlier of (i) his Termination of Employment or (ii) the termination of this Agreement (the "Restricted Period"), Executive shall not, other than in connection with Executive's duties under this Agreement, engage or invest in, own, manage, operate, finance, control, participate in the ownership, management, ope...ration, financing or control of, be employed by, associated with or in any manner connected with, lend Executive ‘s name or any similar name to, lend Executive ‘s credit to or render services or advice to any business that provides services of investment banking, consumer banking, commercial banking, financial advisory services, mortgage banking, residential mortgage brokerage, commercial mortgage brokerage, equipment leasing, personal property leasing, personal insurance, commercial insurance, title insurance or other financial services of any type whatsoever anywhere within the state of Texas; provided, however, Executive may purchase or otherwise acquire up to (but not more than) one percent (1%) of any class of securities of any enterprise (but without participating in the activities of such enterprise) if such securities are listed on any national or regional securities exchange or have been registered under Section 12(g) of the Securities Exchange Act of 1934. Executive further acknowledges that: (a) The services to be performed by Executive under this Agreement are of a special, unique, unusual, extraordinary and intellectual character; (b) Employer's business is statewide in scope and its products and services are marketed throughout the state of Texas; (c) Employer competes with other businesses that are or could be located in any part of the state of Texas; and (d) The provisions of this Section 15 are reasonable and necessary to protect Employer's business.View More
Non-Competition. Ancillary to his promise to protect the Confidential Information of Employer, Executive agrees covenants that during the term of this Agreement, Agreement and for a period of twelve (12) months following the earlier later of (i) the first anniversary of the Effective Date or (ii) his Termination of Employment or (ii) the termination of this Agreement (the "Restricted "Non-Compete Restricted Period"), Executive shall not, other than in connection with Executive's duties under this Agreement, enga...ge or invest in, own, manage, operate, finance, control, participate in the ownership, management, operation, financing or control of, be employed by, associated with or in any manner connected with, lend Executive ‘s name or any similar name to, lend Executive ‘s credit to or render services or advice to any business that provides services of investment banking, consumer banking, commercial banking, financial advisory services, municipal finance, mortgage banking, residential mortgage brokerage, commercial mortgage brokerage, trading, sales or underwriting of securities, clearing, stock lending, structured products, retail or institutional securities brokerage, equipment leasing, personal property leasing, personal insurance, commercial insurance, title insurance or other financial services of any type whatsoever anywhere within the state State of Texas; provided, however, Executive may purchase or otherwise acquire up to (but not more than) one percent (1%) of any class of securities of any enterprise (but without participating in the activities of such enterprise) if such securities are listed on any national or regional securities exchange or have been registered under Section 12(g) of the Securities Exchange Act of 1934. Executive further acknowledges that: (a) The services to be performed by Executive under this Agreement are of a special, unique, unusual, extraordinary and intellectual character; (b) Employer's business is statewide nationwide in scope and its products and services are marketed throughout the state United States of Texas; America; 12 (c) Employer competes with other businesses that are or could be located in any part of the state United States of Texas; America; and (d) The provisions of this Section 15 are reasonable and necessary to protect Employer's business. View More
Non-Competition. During the term of this Agreement and for three years thereafter, Rev.1 shall not, with or without consideration, develop a product similar to the Product, for any person, business, firm or corporation. Rev.1 is not precluded from providing services to any person, business, firm or corporation engaged in any business competitive with the business conducted by the Company, so long as the services being provided do not include developing a similar product to the Product developed pursuant to this ...Agreement.View More
Non-Competition. During the term of this Agreement and for three years thereafter, Rev.1 Merlin shall not, with or without consideration, develop a product similar to the Product, for any person, business, firm or corporation. Rev.1 Merlin is not precluded from providing services to any person, business, firm or corporation engaged in any business competitive with the business conducted by the Company, so long as the services being provided do not include developing a similar product to the Product developed pur...suant to this Agreement. View More
Non-Competition. Wittekind agrees that, during the Consulting Period, he will not, directly or indirectly, enter into, organize, control, engage in, be employed by, serve as a consultant to, be an officer or director of, or have any direct or indirect investment in any business, person, partnership, association, firm, corporation, or other entity engaged in any business activity (including, but not limited to, research, development, manufacturing, selling, leasing, licensing or providing services) which is direc...tly competitive with the business of the Company, without the prior written consent of the Company. For the sake of clarity, a business competitive with the Company's business is one that uses lysins for the treatment of human infections or the use of antibodies for the treatment of influenza.View More
Non-Competition. Wittekind Kappel agrees that, during the Consulting Period, Period and for a period of one year thereafter, he will not, directly or indirectly, enter into, organize, control, engage in, be employed by, serve as a consultant to, be an officer or director of, or have any direct or indirect investment in any business, person, partnership, association, firm, corporation, or other entity engaged in any business activity (including, but not limited to, research, development, manufacturing, selling, l...easing, licensing or providing services) which is directly competitive with the business of the Company, without the prior written consent of the Company. For the sake of clarity, a business competitive with the Company's business is one that uses lysins bacteriophages, bacteriophage lysins, endolysins or a derivative thereof for the treatment of human infections or the use of antibodies for the treatment of influenza. View More
Non-Competition. Pursuant to the Non-Competition and Non-Disclosure Agreement, the Executive hereby acknowledges and reaffirms that, during the Term, and for one (1) year thereafter, the Executive shall not compete with the Company as more fully set forth in the Non-Competition and Non-Disclosure Agreement.
Non-Competition. Pursuant to Payment of the Severance Benefits hereunder are contingent upon Executive's compliance with the Non-Competition and Non-Disclosure Agreement, the Executive hereby acknowledges and reaffirms that, during the Term, and for one (1) year thereafter, the Executive shall not compete with the Company as more fully set forth in the Non-Competition and Non-Disclosure Agreement.
