Antisolicitation. a. The Executive promises and agrees that, during the period of his employment by the Company and for a period of one year thereafter, he will not influence or attempt to influence customers or patients of the Company or any of its present or future subsidiaries or affiliates, either directly or indirectly, to divert their business to any individual, partnership, firm, corporation or other entity then in competition with the business of the Company, or any subsidiary or affiliate of the Company, where the identity of the customer or patient, or any information concerning the relationship between the customer or patient and the Company, is a trade secret or other Confidential Material (as defined below). b. The Executive expressly acknowledges and agrees that if the Company has a reasonable good faith belief that he is in violation of any of the restrictive covenants set forth in this Section 7, then the Company, following written notice to the Executive explaining the basis for its belief, may, except as provided in Section 4(h), suspend any future payments scheduled to be made pursuant to Section 4, unless and until the Executive establishes to the Company’s reasonable good faith satisfaction that no such violation has occurred. In addition, the Company and the Executive acknowledge and agree that such cessation of payments shall be the Company’s sole and exclusive remedy of any breach by the Executive of any of the restrictive covenants set forth in this Section 7. In order to implement the principle of this Section 7(c), in the event that an arbitrator determines that the Executive has violated the provisions of this Section 7, the arbitrator may require that the Executive return to the Company any amounts paid to the Executive pursuant to Section 4(h) following the date of such violation.
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Samples: Executive Severance Agreement (Apria Healthcare Group Inc), Executive Severance Agreement (Apria Healthcare Group Inc), Executive Severance Agreement (Apria Healthcare Group Inc)