Non-Competition Contract Clauses (1,108)

Non-Competition. Grantee acknowledges that due to the nature of his/her employment with Hershey, he/she has and will have access to, contact with, and Confidential Information about the Company's business and Business Relationships. Grantee acknowledges that the Company has incurred considerable expense and invested considerable time and resources in developing its Confidential Information and Business Relationships, and that such Confidential Information and Business Relationships are critical to the success of... the Company's business. Accordingly, both (i) during the term of his/her employment with Hershey, and (ii) for a period of twelve (12) months following the termination of his/her employment, Grantee, except in the performance of his/her duties to Hershey, shall not, without the prior written consent of Hershey's Chief Human Resources Officer, directly or indirectly serve or act in a consulting, employee or managerial capacity, or engage in oversight of any person who serves or acts in a consulting, employee or managerial capacity, as an officer, director, employee, consultant, advisor, independent contractor, agent or representative of a Competing Business. This restriction shall apply to any Competing Business that conducts business or plans to conduct business in the same or substantially similar geographic area in which Grantee was employed or, directly or indirectly, performed services for Hershey during the two years prior to his/her termination of Grantee's employment. Grantee acknowledges: (i) that the Company's business is conducted throughout the United States and the world, (ii) notwithstanding the state of incorporation or principal office of Hershey, it is expected that the Company will have business activities and have valuable business relationships within its industry throughout the United States and around the world, and (iii) as part of Grantee's responsibilities, Grantee has conducted or may conduct business throughout the United States and around the world in furtherance of the Company's business and its relationships. Grantee further acknowledges and understands that if he/she has any question about whether any prior position which Grantee has held at the Company over the last two (2) years subjects Grantee to specific restrictions, and will be used to identify Competing Business(es), Grantee should contact his/her Human Resource representative at Hershey. View More

Non-Competition. By accepting this Restricted Stock Agreement, the Employee agrees that during the six month period, or twelve month period for Group Vice President and above, immediately following Termination Date, the Employee will not, directly or indirectly, perform any job, task, function, skill, or responsibility for a Competing Business that the Employee has provided for Company (and/or its subsidiaries) within the twelve month period immediately preceding Employee's Termination Date. For purposes of this... Agreement, a Competing Business shall mean any direct competitor of the Company which, in general, means a specialty retailer of better women's apparel whose target customers are 30 years of age or older and have an annual household income of $75,000 or more. The Employee acknowledges that the foregoing restrictions may impair the Employee's ability to engage in certain business activities during the defined period, but acknowledges that these restrictions are reasonable consideration for the grant of the Restricted Stock hereunder. View More

Non-Competition. During the Consulting Period, you will not work for any entity listed on Exhibit C to this Agreement (each, a "Restricted Company") or with any affiliate or division of such Restricted Company where (a) you will have, or would reasonably be expected to have, duties, or will perform, or would reasonably be expected to perform, services that are the same as or substantially similar to any of the duties or services actually performed by 8510 Colonnade Center Drive, Raleigh, NC 27615 www.salix.com T...• 919.862.1000 F• 919.862.1095 -7- you for the Company within the twelve (12) month period immediately preceding the Retirement Date; or (b) you will use or disclose, or would reasonably be expected to use or disclose, any Confidential Information of the Company. For purposes of clarification, it shall not be a violation of this Section 10 for you to work in an affiliate or division of a Restricted Company if: (i) the affiliate or division of the Restricted Company does not compete with the Company; (ii) such work would not result in the use or disclosure of the Confidential Information; and (iii) you obtain the prior written consent of Parent, which consent shall not be unreasonably withheld. You acknowledge that the foregoing restrictions set forth in this Section 10 are reasonable given (x) the position in which you have been employed with the Company, (y) that the Company's business is national in scope and (z) you, for or on behalf of a Restricted Company, could compete effectively with the Company from any location in the United States. View More