Common use of Agreement Not to Solicit Customers Clause in Contracts

Agreement Not to Solicit Customers. Executive agrees that during Executive’s employment with the Company hereunder and during the Non-Solicitation Period, Executive will not, either directly or indirectly, on Executive’s own behalf or in the service or on behalf of others, solicit, divert, or appropriate, or attempt to solicit, divert, or appropriate, to any business that engages in Restricted Field activities in the Business Territory (i) any person or entity whose account with the Company was sold or serviced by or under the supervision of Executive during the twelve (12) months preceding the termination of such employment, or (ii) any person or entity whose account with the Company has been directly solicited at least twice by the Company within the year preceding the termination of employment (the “Customers”). The Non-Solicitation Period set forth in this Section 11.4 shall be tolled during any period in which the Executive is in breach of the restriction set forth herein.

Appears in 10 contracts

Samples: Separation Agreement, Executive Employment Agreement (Inventure Foods, Inc.), Executive Employment Agreement (Poore Brothers Inc)

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Agreement Not to Solicit Customers. Executive agrees that during Executive’s employment with the Company hereunder and during the Non-Solicitation Period, Executive will not, either directly or indirectly, on Executive’s own behalf or in the service or on behalf of others, solicit, divert, or appropriate, or attempt to solicit, divert, or appropriate, to any business that engages in Restricted Field activities in the Business Territory (i) any person or entity whose account with the Company was sold or serviced by or under the supervision of Executive during the twelve (12) months preceding the termination of such employment, or (ii) any person or entity whose account with the Company has been directly solicited at least twice by the Company within the year preceding the termination of Executive’s employment (the “Customers”). The Non-Solicitation Period set forth in this Section 11.4 10.4 shall be tolled during any period in which the Executive is in breach of the restriction set forth hereinin this Section 10.4.

Appears in 6 contracts

Samples: Executive Employment Agreement (Imarx Therapeutics Inc), Executive Employment Agreement (Imarx Therapeutics Inc), Executive Employment Agreement (Imarx Therapeutics Inc)

Agreement Not to Solicit Customers. Executive agrees that during Executive’s 's employment with the Company hereunder and during the Non-Solicitation Period, Executive will not, either directly or indirectly, on Executive’s 's own behalf or in the service or on behalf of others, solicit, divert, or appropriate, or attempt to solicit, divert, or appropriate, to any business that engages in Restricted Field activities in the Business Territory (i) any person or entity whose account with the Company was sold or serviced by or under the supervision of Executive during the twelve (12) months preceding the termination of such employment, or (ii) any person or entity whose account with the Company has been directly solicited at least twice by the Company within the year preceding the termination of Executive's employment (the "Customers"). The Non-Solicitation Period set forth in this Section 11.4 10.4 shall be tolled during any period in which the Executive is in breach of the restriction set forth hereinin this Section 10.4.

Appears in 4 contracts

Samples: Executive Employment Agreement (Imarx Therapeutics Inc), Executive Employment Agreement (Imarx Therapeutics Inc), Executive Employment Agreement (Imarx Therapeutics Inc)

Agreement Not to Solicit Customers. Executive agrees that during Executive’s 's employment with the Company hereunder and during the Non-Solicitation Period, Executive will not, either directly or indirectly, on Executive’s 's own behalf or in the service or on behalf of others, solicit, divert, or appropriate, or attempt to solicit, divert, or appropriate, to any business that engages in Restricted Field activities in the Business Territory (i) any person or entity whose account with the Company was sold or serviced by or under the supervision of Executive during the twelve (12) months preceding the termination of such employment, or (ii) any person or entity whose account with the Company has been directly solicited at least twice by the Company within the year preceding the termination of employment (the "Customers"). The Non-Solicitation Period set forth in this Section 11.4 shall be tolled during any period in which the Executive is in breach of the restriction set forth herein.

Appears in 3 contracts

Samples: Executive Employment Agreement (Poore Brothers Inc), Executive Employment Agreement (Poore Brothers Inc), Executive Employment Agreement (Poore Brothers Inc)

Agreement Not to Solicit Customers. Executive agrees that during Executive’s employment with the Company hereunder and during the Non-Solicitation Period, Executive will not, either directly or indirectly, on Executive’s own behalf or in the service or on behalf of others, solicit, divert, or appropriate, or attempt to solicit, divert, or appropriate, to any business that engages in Restricted Field activities in the Business Territory (i) any person or entity whose account with the Company was sold or serviced by or under the supervision of Executive during the twelve (12) months preceding the termination of such employment, or (ii) any person or entity whose account with the Company has been directly solicited at least twice by the Company within the year preceding the termination of employment (the “Customers”). The Non-Solicitation Period set forth in this Section 11.4 13.1 shall be tolled during any period in which the Executive is in breach of the restriction set forth herein.

Appears in 1 contract

Samples: Executive Employment Agreement (Inventure Foods, Inc.)

Agreement Not to Solicit Customers. Executive agrees that during Executive’s employment with the Company hereunder and during the Non-Solicitation Period, Executive will not, either directly or indirectly, on Executive’s own behalf or in the service or on behalf of others, solicit, divert, or appropriate, or attempt to solicit, divert, or appropriate, to any business that engages in Restricted Field activities in the Business Territory (i) any person or entity whose account with the Company was sold or serviced by or under the supervision of Executive during the twelve (12) months preceding the termination of such employment, or (ii) any person or entity whose account with the Company has been directly solicited at least twice by the Company within the year preceding the termination of employment (the “Customers”). The Non-Solicitation Period set forth in this Section 11.4 10.4 shall be tolled during any period in which the Executive is in breach of the restriction set forth herein.

Appears in 1 contract

Samples: Executive Employment Agreement (Inventure Group, Inc.)

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Agreement Not to Solicit Customers. Executive agrees that during Executive’s employment with the Company hereunder and during the Non-Solicitation Period, Executive will not, either directly or indirectly, on Executive’s own behalf or in the service or on behalf of others, solicit, divert, or appropriate, or attempt to solicit, divert, or appropriate, to any business that engages in Restricted Field activities in the Business Territory (i) any person or entity whose account with the Company was sold or serviced by or under the supervision of Executive during the twelve thirty-six (1236) months preceding the termination of such employment, or (ii) any person or entity whose account with the Company has been directly solicited at least twice by the Company within the year preceding the termination of employment (the “Customers”). The Non-Solicitation Period set forth in this Section 11.4 10.4 shall be tolled during any period in which the Executive is in breach of the restriction set forth herein.

Appears in 1 contract

Samples: Executive Employment Agreement (Inventure Group, Inc.)

Agreement Not to Solicit Customers. Executive agrees that during Executive’s employment with the Company hereunder and during the Non-Solicitation Period, Executive will not, either directly or indirectly, on Executive’s own behalf or in the service or on behalf of others, solicit, divert, or appropriate, or attempt to solicit, divert, or appropriate, to any business that engages in Restricted Field activities in the Business Territory (i) any person or entity whose account with the Company was sold or serviced by or under the supervision of Executive during the twelve (12) months preceding the termination of such employment, or (ii) any person or entity whose account with the Company has been directly solicited at least twice by the Company within the year preceding the termination of employment (the “Customers”). The Non-Solicitation Period set forth in this Section 11.4 10.4 shall be tolled during any period in which the Executive is in breach of the restriction restrictions set forth herein.

Appears in 1 contract

Samples: Executive Employment Agreement (Inventure Foods, Inc.)

Agreement Not to Solicit Customers. Executive agrees that during Executive’s employment with the Company hereunder and during the Non-Solicitation Period, Executive will not, either directly or indirectly, on Executive’s own behalf or in the service or on behalf of others, solicit, divert, or appropriate, or attempt to solicit, divert, or appropriate, to any business that engages in Restricted Field activities in the Business Territory (i) any person or entity whose account with the Company was sold or serviced by or under the supervision of Executive during the twelve (12) months preceding the termination of such employment, or (ii) any person or entity whose account with the Company has been directly solicited at least twice by the Company within the year preceding the termination of Executive’s employment (the “Customers”). The Non-Solicitation Period set forth in this Section 11.4 10.4 shall be tolled during any period in which the Executive is in breach of the restriction set forth hereinin this Section 10:4.

Appears in 1 contract

Samples: Executive Employment Agreement (Imarx Therapeutics Inc)

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