Non-solicitation non-competition Contract Clauses (70)

Non-solicitation non-competition. (a) Executive Employee agrees that, during the Term and until nine six (6) months after the termination of his employment, Executive Employee will not, directly or indirectly, including on behalf of any person, firm or other entity, employ or actively solicit for employment any employee of the Company or any of its Affiliated Entities, or anyone who was an employee of the Company or any of its Affiliated Entities within the six (6) months one-year period prior to the termination of Executive's Employee's employment, or induce any such employee to terminate his or her his employment with the Company or any of its Affiliated Entities. (b) Executive Employee further agrees that, during the Term and until nine six (6) months after the termination of his employment, Executive Employee will not, directly or indirectly, including on behalf of any person, firm or other entity, without the express written consent of an authorized representative of the Company, (i) perform services within the Territory (as defined below) for any Competing Business (as defined below), whether as an employee, consultant, agent, contractor or in any other capacity, (ii) hold office as an officer or director or like position in any Competing Business, Business (unless Employee is already serving as a director of such company at the time of termination of his employment), or (iii) request any present or future customers or suppliers of the Company or any of its Affiliated Entities to curtail or cancel their business with the Company or any of its Affiliated Entities. These obligations will continue for the specified period regardless of whether the termination of Executive's employment was voluntary or involuntary or with or without Cause or for any other reason. 4 (c) "Competing Business" means any corporation, partnership or other entity or person (other than the Company) which is engaged (a) directly or indirectly in the development, manufacture, marketing, distribution esports or sale of, sports wagering business, exchange or research directed to the development, manufacture, marketing, distribution or sale of medical or aesthetic solutions or devices in the following markets: tattoo-removal, the reduction of cellulite, improvement of skin laxity, reduction of subcutaneous fat, trading platforms or (b) in any other business activity carried on or planned to be carried on (as evidenced by existing written documentation) by the Company or any subsidiaries of the Company its Affiliated Entities during the Term. (d) "Territory" shall mean (i) the United States, and (ii) within any state, country or foreign jurisdiction in which the Company or any subsidiary of the Company is then conduting clinical trials, providing services or products, products or marketing its services or products (or engaged in active discussions to provide such services). 8 (e) Executive Employee agrees that in the event a court determines the length of time or the geographic area or activities prohibited under this Section 9 8 are too restrictive to be enforceable, the court shall reduce the scope of the restriction to the extent necessary to make the restriction enforceable. In furtherance and not in limitation of the foregoing, the Company and the Executive Employee each intend that the covenants contained in this Section 9 8 shall be deemed to be a series of separate covenants, one for each and every state, territory or jurisdiction of the United States and any foreign country set forth therein. If, in any judicial proceeding, a court shall refuse to enforce any of such separate covenants, then such unenforceable covenants shall be deemed eliminated from the provisions hereof for the purpose of such proceedings to the extent necessary to permit the remaining separate covenants to be enforced in such proceedings. View More

Non-solicitation non-competition. (a) Executive agrees that, during his employment with the Term Company and until nine eighteen (18) months after following the termination of his employment, Closing, as such term is defined in the Merger Agreement, Executive will not, directly or indirectly, including on behalf of any person, firm or other entity, employ or actively solicit for employment any employee of the Company or any of its Affiliated Entities, parents, subsidiaries, divisions, or affiliates (collectively, "Affiliated... Entities"), or anyone who was an employee of the Company or any of its Affiliated Entities within the six (6) months prior to the termination of Executive's employment, Closing, or induce any such employee to terminate his or her employment with the Company or any of its Affiliated Entities. (b) Executive further agrees that, during his employment with the Term Company and until nine eighteen (18) months after following the termination of his employment, Closing, Executive will not, directly or indirectly, including on behalf of any person, firm or other entity, without the express written consent of an authorized representative of the Company, (i) perform services within the Territory (as defined below) for any Competing Business (as defined below), whether as an employee, consultant, agent, contractor or in any other capacity, (ii) hold office as an officer or director or like position in any Competing Business, or (iii) request any present person, firm or future customers other entity that is a customer of the Company or and any of its Affiliated Entities during the period of Executive's employment with the Company or during the period that is eighteen (18) months after the Closing to curtail or cancel their business with the Company or any of its Affiliated Entities. These obligations will continue for the specified period regardless of whether Executive terminates employment with the Company during such period and regardless of whether such termination of Executive's employment employment, if any, was voluntary or involuntary or with or without Cause cause or for any other reason. (c) "Competing Business" means any corporation, partnership or other entity or person (other than the Company) which is engaged (a) in the development, manufacture, marketing, distribution or sale of, or research directed to the development, manufacture, marketing, distribution or sale of medical or aesthetic solutions or devices in the following markets: tattoo-removal, tattoo-removal and the reduction of cellulite, improvement of skin laxity, reduction of subcutaneous fat, or (b) in any other business activity carried on or planned to be carried on by the Company or any subsidiaries of the Company during the Term. (d) cellulite. "Territory" shall mean (i) the United States, and (ii) any foreign jurisdiction in which the Company or any subsidiary of the Company is then conduting conducting clinical trials, providing services or products, or marketing its services or products (or engaged in active discussions to provide such services). 8 (e) Executive agrees that in the event a court determines the length of time or the geographic area or activities prohibited under this Section 9 Agreement are too restrictive to be enforceable, the court shall reduce the scope of the restriction to the extent necessary to make the restriction enforceable. In furtherance and not in limitation of the foregoing, the Company and the Executive each intend that the covenants contained in this Section 9 Agreement shall be deemed to be a series of separate covenants, one for each and every state, territory or jurisdiction of the United States and any foreign country set forth therein. If, in any judicial proceeding, a court shall refuse to enforce any of such separate covenants, then such unenforceable covenants shall be deemed eliminated from the provisions hereof for the purpose of such proceedings to the extent necessary to permit the remaining separate covenants to be enforced in such proceedings. View More

Non-solicitation non-competition. (a) Executive agrees that, during the Term and and, if Executive has, or is scheduled to receive severance payments pursuant to Section 7(a) or 7(b), until nine eighteen (18) months after the termination of his employment, Executive will not, directly or indirectly, including on behalf of any person, firm or other entity, employ or actively solicit for employment any employee of the Company or any of its Affiliated Entities, or anyone who was an employee of the Company or any of its Affiliated... Entities within the six (6) eighteen (18) months prior to the termination of Executive's employment, or induce any such employee to terminate his or her employment with the Company or any of its Affiliated Entities. (b) Executive further agrees that, during the Term and and, if Executive has, or is scheduled to receive severance payments pursuant to Section 7(a) or 7(b), until nine eighteen (18) months after the termination of his employment, Executive will not, directly or indirectly, including on behalf of any person, firm or other entity, without the express written consent of an authorized representative of the Company, (i) perform services within the Territory (as defined below) for any Competing Business (as defined below), whether as an employee, consultant, agent, contractor or in any other capacity, (ii) hold office as an officer or director or like position in any Competing Business, or (iii) request any present or future customers or suppliers of the Company or any of its Affiliated Entities to curtail or cancel their business with the Company or any of its Affiliated Entities. These obligations will continue for the specified period regardless of whether the termination of Executive's employment was voluntary or involuntary or with or without Cause or for any other reason. (c) "Competing Business" means any corporation, partnership or other entity or person (other than the Company) which is engaged (a) in the development, manufacture, marketing, distribution business of equipment rental, water hauling and logistics, or sale of, or research directed to pilot car and escort services, which the development, manufacture, marketing, distribution or sale of medical or aesthetic solutions or devices Company has been engaged in during the following markets: tattoo-removal, the reduction of cellulite, improvement of skin laxity, reduction of subcutaneous fat, or (b) in any other business activity carried on preceding twelve (12) months or planned to be carried on by the Company or any subsidiaries of the Company engaged in during the Term. immediate future. (d) "Territory" shall mean (i) the United States, and (ii) within any state or foreign jurisdiction in which the Company or any subsidiary of the Company is then conduting clinical trials, providing services or products, products or marketing its services or products (or engaged in active discussions to provide such services). 8 (e) Executive agrees that in the event a court determines the length of time or the geographic area or activities prohibited under this Section 9 are too restrictive to be enforceable, the court shall reduce the scope of the restriction to the extent necessary to make the restriction enforceable. In furtherance and not in limitation of the foregoing, the Company and the Executive each intend that the covenants contained in this Section 9 shall be deemed to be a series of separate covenants, one for each and every state, territory or jurisdiction of the United States and any foreign country set forth therein. If, in any judicial proceeding, a court shall refuse to enforce any of such separate covenants, then such unenforceable covenants shall be deemed eliminated from the provisions hereof for the purpose of such proceedings to the extent necessary to permit the remaining separate covenants to be enforced in such proceedings. View More

Non-solicitation non-competition. Except as may be prohibited by law, In addition, during the Restricted Period (as defined below), I you will not, directly or indirectly, in any manner, other than for the benefit of the Company, (a) call upon, solicit, upon or solicit for the purposes of diverting or taking away, or otherwise divert or take away any of the customers, business or prospective customers or business of the Company or any of its suppliers, suppliers with whom you had contact with or about whom you learned... information during your employment with the Company, or request or cause any of the above to cancel or terminate any part or their relationship with the Company or refuse to enter into any business relationship with the Company, (b) solicit, entice or attempt to persuade any other employee, agent or consultant of the Company to leave the services of the Company for any reason or take any other action that may cause any such individual to terminate his or her employment with, or otherwise cease his or her relationship with, the Company, or assist in such hiring or engagement by another person or business entity, and/or (c) own, operate, manage, control, engage in, participate in, invest in, permit my your name to be used by, act as a consultant or advisor to, render services for (alone or in association with any other person or entity), or otherwise assist any person or entity that engages in or owns, invests in, operates, manages or controls any venture or enterprise which, directly or indirectly, wholly or partly, competes with the Company, provided, however, nothing herein shall prevent you from engaging in any activity with, or holding any financial interest in, a non-competitive division or affiliate of an entity engaged in a business that competes with the Company, provided, that none of your activities or financial interests in respect of such non-competitive division or affiliate would cause you to otherwise breach your obligations hereunder in respect of the entity engaged in a business that competes with the Company for the Restricted Period as if you were still an employee of the Company. You acknowledge and agree that if you violate any of the provisions of this paragraph 15, the running of the Restricted Period will be extended by the time during which you engage in such violation(s). For purposes of this Agreement, the term "Restricted Period" shall mean the period of time during which I am employed by the Company and a period of twelve (12) months immediately following the termination of my employment with the Company. In the event that I violate any of Termination Date. Notwithstanding the provisions of this paragraph 8, I agree that the running of the Restricted Period Section 15, an exception will be extended by the time during which I engaged in such violation(s). made for your personal assistant. View More