Agreement Not to Solicit Customers. The Employee further agrees that beginning on the Commencement Date and throughout the Applicable Period within the Area, the Employee will not, directly or indirectly, on the Employee’s own behalf, or on behalf of any third party, entity or business, divert, solicit, or attempt to divert or solicit to a Competing Business for the purpose of providing products or services in competition with the Business of the Company, any individual or entity (a) who is a Customer at any time during the last twelve (12)-month period of the Employee’s employment with the Company, or who was within such period a Prospective Customer, and (b) in either case, with whom the Employee had material contact on the Company’s or an Affiliate’s behalf. For purposes of this Agreement, “material contact” exists between the Employee and each Customer or actively sought Prospective Customer with whom the Employee dealt or with whom the Employee had a business relationship on behalf of Company or an Affiliate. For purposes of this Agreement, “Customer” means any individual or entity from whom the Company or an Affiliate has solicited sales or provided targeted marketing or other services, and a “Prospective Customer” means any individual or entity the Company or an Affiliate has identified as a potential Customer as part of any long-term or strategic plan.
Appears in 2 contracts
Samples: Release Agreement (Theragenics Corp), Release Agreement (Theragenics Corp)
Agreement Not to Solicit Customers. The Employee further agrees that beginning on the Commencement Date and throughout the Applicable Period within the Area, the Employee will not, directly or indirectly, on the Employee’s own behalf, or on behalf of any third party, entity or business, divert, solicit, or attempt to divert or solicit to a Competing Business for the purpose of providing products or services in competition with the Business of the Company, Company to any individual or entity (a) who is a Customer at any time during the last twelve (12)-month period of the Employee’s employment with the Company, or who was within such period a Prospective Customer, and (b) in either case, with whom the Employee had material contact on the Company’s or an Affiliate’s behalf. For purposes of this Agreement, “material contact” exists between the Employee and each Customer or actively sought Prospective Customer (i) with whom the Employee dealt on behalf of Company or an Affiliate; (ii) whose dealings with Company or an Affiliate were coordinated or supervised by the Employee; or (iii) about whom the Employee had a business relationship on behalf obtained Confidential Information in the course of the Employee’s providing services to Company or an Affiliate. For purposes of this Agreement, “Customer” means any individual or entity from whom the Company or an Affiliate has solicited sales or provided targeted marketing or other services, and a “Prospective Customer” means any individual or entity the Company or an Affiliate has identified as a potential Customer as part of any long-term or strategic plan.
Appears in 1 contract
Samples: Release Agreement (Theragenics Corp)
Agreement Not to Solicit Customers. The Employee further agrees that beginning on the Commencement Date and throughout the Applicable Period within the Area, the Employee he will not, directly or indirectly, on the Employee’s his own behalf, or on behalf of any third party, entity or business, divert, solicit, or attempt to divert or solicit to a Competing Business for the purpose of providing products or services in competition with the Business of the Company, Company any individual or entity (a) who is a Customer of the Company at any time during the last twelve (12)-month period of the Employee’s his employment with the Company, or who was within such period actively sought by Company as a Prospective Customer, and (b) in either case, with whom the Employee had material contact on the Company’s or an Affiliate’s behalf. For purposes of this Agreement, “material contact” exists between the Employee and each Customer or actively sought Prospective Customer (i) with whom the Employee dealt or with whom the Employee had a business relationship on behalf of Company; (ii) whose dealings with Company were coordinated or an Affiliatesupervised by Employee; or (iii) about whom Employee obtained Confidential Information in the course of Employee’s providing services to Company. For purposes of this Agreement, “Customer” means any individual or entity from whom the Company or an Affiliate has solicited sales or provided targeted marketing or other services, and a “Prospective Customer” means any individual or entity the Company or an Affiliate has identified as a potential Customer as part of any long-term or strategic plan.]
Appears in 1 contract
Samples: Release Agreement (Theragenics Corp)
Agreement Not to Solicit Customers. The Employee further agrees that beginning on the Commencement Date and throughout the Applicable Period within the Area, the Employee will not, directly or indirectly, on the Employee’s 's own behalf, or on behalf of any third party, entity or business, divert, solicit, or attempt to divert or solicit to a Competing Business for the purpose of providing products or services in competition with the Business of the Company, any individual or entity (a) who is a Customer at any time during the last twelve (12)-month period of the Employee’s 's employment with the Company, or who was within such period a Prospective Customer, and (b) in either case, with whom the Employee had material contact on the Company’s 's or an Affiliate’s 's behalf. For purposes of this Agreement, “material contact” exists between the Employee and each Customer or actively sought Prospective Customer (i) with whom the Employee dealt or with whom the Employee had a business relationship on behalf of Company or an Affiliate; or (ii) whose dealings with Company or an Affiliate were coordinated or supervised by the Employee. For purposes of this Agreement, “Customer” means any individual or entity from whom the Company or an Affiliate has solicited sales or provided targeted marketing or other services, and a “Prospective Customer” means any individual or entity the Company or an Affiliate has identified as a potential Customer as part of any long-term or strategic plan.
Appears in 1 contract
Samples: Release Agreement (Theragenics Corp)
Agreement Not to Solicit Customers. The Employee further agrees that beginning on the Commencement Date and throughout for a two (2) year period following the Applicable Period Termination Date within the Area, the Employee he will not, directly or indirectly, on the Employee’s his own behalf, or on behalf of any third party, entity or business, divert, solicit, or attempt to divert or solicit to a Competing Business for the purpose of providing products or services in competition with the Business of the Company, any individual or entity (a) who is a Customer of Company at any time during the last twelve (12)-month two year period prior to the termination of the Employee’s employment with the CompanyEmployment, or who that was within such period actively sought by Company as a Prospective prospective Customer, and (b) in either case, with whom the Employee had material contact on the Company’s or an Affiliate’s behalf. For purposes of this Agreement, “material contact” exists between the Employee and each Customer or actively sought Prospective prospective Customer (i) with whom the Employee dealt or with whom the Employee had a business relationship on behalf of Company; (ii) whose dealings with Company were coordinated or an Affiliatesupervised by Employee; or (iii) about whom Employee obtained Confidential Information in the course of Employee’s providing services to Company. For purposes of this Agreement, “Customer” means any individual or entity from whom the Company or an Affiliate Employee has solicited sales or sales, provided targeted marketing or other services, and a “Prospective Customer” means any individual or entity and/or whom the Company or an Affiliate Employee has identified as a potential Customer customer as part of any long-term or strategic plan, as well as any entity employing or made up in part of an individual who was the recipient (whether directly or indirectly through another entity) of Company’s products or services.
Appears in 1 contract
Agreement Not to Solicit Customers. The Employee Contractor further agrees that beginning on during the Commencement Date and throughout the Applicable Period Non-Competition Term within the Area, the Employee Contractor will not, directly or indirectly, on the EmployeeContractor’s own behalf, or on behalf of any third party, entity or business, divert, solicit, or attempt to divert or solicit to a Competing Business for the purpose of providing products or services in competition with the Business of the Company, Company to any individual or entity (a) who is a Customer at any time during the last twelve (12)-month period of the EmployeeContractor’s employment engagement with the Company, or who was within such period a Prospective Customer, and (b) in either case, with whom the Employee Contractor had material contact on the Company’s or an Affiliate’s behalf. For purposes of this Agreement, “material contact” exists between the Employee Contractor and each Customer or actively sought Prospective Customer (i) with whom the Employee Contractor dealt or with whom the Employee had a business relationship on behalf of Company or an Affiliate; (ii) whose dealings with Company or an Affiliate were coordinated or supervised by the Contractor; or (iii) about whom the Contractor obtained Confidential Information in the course of the Contractor’s providing services to Company or an Affiliate. For purposes of this Agreement, “Customer” means any individual or entity from whom the Company or an Affiliate has solicited sales or provided targeted marketing or other services, and a “Prospective Customer” means any individual or entity the Company or an Affiliate has identified as a potential Customer as part of any long-term or strategic plan.
Appears in 1 contract
Samples: Release Agreement (Theragenics Corp)
Agreement Not to Solicit Customers. The Employee further agrees that beginning on the Commencement Date and throughout the Applicable Period within the Area, the Employee will not, directly or indirectly, on the Employee’s 's own behalf, or on behalf of any third party, entity or business, divert, solicit, or attempt to divert or solicit to a Competing Business for the purpose of providing products or services in competition with the Business of the Company, Company to any individual or entity (a) who is a Customer at any time during the last twelve (12)-month period of the Employee’s 's employment with the Company, or who was within such period a Prospective Customer, and (b) in either case, with whom the Employee had material contact on the Company’s 's or an Affiliate’s 's behalf. For purposes of this Agreement, “"material contact” " exists between the Employee and each Customer or actively sought Prospective Customer (i) with whom the Employee dealt on behalf of Company or an Affiliate; (ii) whose dealings with Company or an Affiliate were coordinated or supervised by the Employee; or (iii) about whom the Employee had a business relationship on behalf obtained Confidential Information in the course of the Employee's providing services to Company or an Affiliate. For purposes of this Agreement, “"Customer” " means any individual or entity from whom the Company or an Affiliate has solicited sales or provided targeted marketing or other services, and a “"Prospective Customer” " means any individual or entity the Company or an Affiliate has identified as a potential Customer as part of any long-term or strategic plan.
Appears in 1 contract
Samples: Release Agreement (Theragenics Corp)