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Common use of Company Customers Clause in Contracts

Company Customers. Executive shall not, during the period which is coincident with the Executive's obligation not to compete under Section 4(b) hereof, directly or indirectly, contact, solicit or do business with (i) Wal-Mart Corporation, Target Stores, Caldor, Phar-mor, Best Buy, Office Depot, Comp U.S.A., Kmart, or any of their respective affiliated operations, for the purpose of selling entertainment, educational or "edutainment" computer software, video games or any other product (which is an integral product in a material product line of the Company) then sold by the Company to such customers or proposed to be sold to such customers at the time of termination of Executive's employment hereunder; (ii) any "customers" (as defined below) of the Company for the purpose of selling entertainment, educational or "edutainment" computer software, video games or any other product (which is an integral product in a material product line of the Company) then sold by the Company to such customers or proposed to be sold to such customers at the time of termination of Executive's employment hereunder; or (iii) any supplier, licensor or licensee of the Company (or any such supplier, licensor or licensee solicited by the Company within eight months prior to the expiration or termination of this Agreement) with respect to licensing computer software, video games or other intellectual property (which is related to computer software, video games or any other material product line of the Company) from such person. For the purposes of the provisions of this Section 4(d), "customer" shall include any entity that purchased computer software, video games or any other product from the Company within eight months prior to the termination of Executive's employment hereunder, without regard to the reason for such termination. The term "customer" also includes any former customer or potential customer of the Company which the Company has solicited within eight months prior to such termination, for the purpose of selling computer software or any other product then sold by the Company.

Appears in 1 contract

Samples: Employment Agreement (Gt Interactive Software Corp)

Company Customers. Executive shall not, during the period which is coincident with the Executive's obligation not to compete under Section 4(b) hereof, directly or indirectly, contact, solicit or do business with (i) Wal-Mart Corporation, Target Stores, Caldor, Phar-mor, Best Buy, Office Depot, Comp U.S.A., Kmart, or any of their respective affiliated operations, for the purpose of selling entertainment, educational or "edutainment" computer software, video games or any other product (which is an integral product in a material product line of the Company) then sold by the Company to such customers or proposed to be sold to such customers at the time of termination of Executive's employment hereunder; (ii) any "customers" (as defined below) of the Company for the purpose of selling entertainment, educational or "edutainment" computer software, video games or any other product (which is an integral product in a material product line of the Company) then sold by the Company to such customers or proposed to be sold to such customers at the time of termination of Executive's employment hereunder; or (iii) any supplier, licensor or licensee of the Company (or any such supplier, licensor or licensee solicited by the Company within eight months prior to the expiration or termination of this Agreement) with respect to licensing computer software, video games or other intellectual property (which is related to computer software, video games or any other material product line of the Company) from such person. For the purposes of the provisions of this Section 4(d), "customer" shall include any entity that purchased computer software, video games or any other product from the Company within eight months prior to the termination of Executive's employment hereunder, without regard to the reason for such termination. The term "customer" also includes any former customer or potential customer of the Company which the Company has solicited within eight months prior to such termination, for the purpose of selling computer software or any other product then sold by the Company.

Appears in 1 contract

Samples: Employment Agreement (Gt Interactive Software Corp)

Company Customers. Executive shall not, during the period which Agreement Term (or, if severance is coincident with the Executive's obligation not then being paid to compete under Section Executive as contemplated by Sections 4(b) and 5(d) hereof, so long as the Company shall continue to pay to Executive all amounts described as severance pursuant to Section 5(d) and the benefits, perquisites and bonus also described therein, subject to suspension as set forth herein), except as required by the Company in the performance of Executives duties hereunder, directly or indirectly, contact, solicit solicit, enter into discussions with, regardless of who initiates such discussion, or do business with (i) Wal-Mart Corporationmart Stores, Inc., Target Stores, Caldor, Phar-mor, Best Buy, CompUSA, Kmart or Office Depot, Comp U.S.A., Kmart, Depot (or any of their respective affiliated operations, ) for the purpose of selling entertainment, educational computer software or "edutainment" computer software, video games (or any related books or other product (which is an integral product in a material product line of the Companyintellectual property or merchandise relating thereto) then sold by the Company to such customers or proposed to be sold to such customers at the time of termination of Executive's employment hereundercustomers; (ii) any "customers" (as defined below) of the Company for the purpose of selling entertainment, educational computer software or "edutainment" computer software, video games or any other product (which is an integral product in a material product line of the Company) then sold by the Company to such customers or proposed to be sold to such customers at the time of termination of Executive's employment hereunder; or (iii) any supplier, licensor or licensee of the Company (or any such supplier, licensor or licensee solicited by the Company within eight months prior to the expiration or termination of this Agreement) with respect to licensing computer software, video games related books or other intellectual property (which is related to computer software, video games or any other material product line of the Company) from such personmerchandise relating thereto). For the purposes of the provisions of this Section 4(d), "customer" shall include any entity that purchased computer software, software or video games (or any related books or other product from the Company intellectual property or merchandise relating thereto) within eight months prior to of the termination of Executive's employment hereunder, without regard to the reason for such termination. The term "customer" also includes any former customer or potential customer of the Company which the Company has solicited within eight months prior to of such termination, for the purpose of selling computer software or video games (or any related books or other product then sold by the Companyintellectual property or merchandise relating thereto).

Appears in 1 contract

Samples: Employment Agreement (Gt Interactive Software Corp)

Company Customers. Executive shall not, during the period which is coincident with the Executive's obligation not to compete under Section 4(b) hereof, directly or indirectly, contact, solicit or do business with (i) Wal-Mart mart Corporation, Target Stores, Caldor, Phar-mor, Comp U.S.A., Best Buy, Office Depot, Comp U.S.A., Kmart, Kmart or any of their respective affiliated operations, for the purpose of selling entertainment, educational or "edutainment" computer software, video games or any other product (which is an integral product in a material product line of the Company) then sold by the Company to such customers or proposed to be sold to such customers at the time of termination of Executive's employment hereunder; (ii) any "customers" (as defined below) of the Company for the purpose of selling entertainment, educational or "edutainment" computer software, video games or any other product (which is an integral product in a material product line of the Company) then sold by the Company to such customers or proposed to be sold to such customers at the time of termination of Executive's employment hereunder; or (iii) any supplier, licensor or licensee of the Company (or any such supplier, licensor or licensee solicited by the Company within eight months prior to the expiration or termination of this Agreement) with respect to licensing computer software, video games or other intellectual property (which is related to computer software, video games or any other material product line of the Company) ), from such person. For the purposes of the provisions of this Section 4(d), "customer" shall include any entity that purchased computer software, video games or any other product from the Company within eight months prior to of the termination of Executive's employment hereunder, without regard to the reason for such termination. The term "customer" also includes any former customer or potential customer of the Company which the Company has solicited within eight months prior to of such termination, for the purpose of selling computer software or any other product then sold by the Company.

Appears in 1 contract

Samples: Employment Agreement (Gt Interactive Software Corp)

Company Customers. Executive shall not, during the period which is coincident with the Executive's obligation not to compete under Section 4(b) hereof, directly or indirectly, contact, solicit or do business with (i) Wal-Mart mart Corporation, Target Stores, Caldor, Phar-mor, Comp U.S.A., Best Buy, Office Depot, Comp U.S.A., Kmart, Kmart or any of their respective affiliated operations, for the purpose of selling entertainment, educational or "edutainment" computer software, video games or any other product (which is an integral product in a material product line of the Company) then sold by the Company to such customers or proposed to be sold to such customers at the time of termination of Executive's employment hereunder; (ii) any "customers" (as defined below) of the Company for the purpose of selling entertainment, educational or "edutainment" computer software, video games or any other product (which is an integral product in a material product line of the Company) then sold by the Company to such customers or proposed to be sold to such customers at the time of termination of Executive's employment hereunder; or (iii) any supplier, licensor or licensee of the Company (or any such supplier, licensor or licensee solicited by the Company within eight months prior to the expiration or termination of this Agreement) with respect to licensing computer software, video games or other intellectual property (which is related to computer software, video games or any other material product line of the Company) ), from such person. 5 For the purposes of the provisions of this Section 4(d), "customer" shall include any entity that purchased computer software, video games or any other product from the Company within eight months prior to of the termination of Executive's employment hereunder, without regard to the reason for such termination. The term "customer" also includes any former customer or potential customer of the Company which the Company has solicited within eight months prior to of such termination, for the purpose of selling computer software or any other product then sold by the Company.

Appears in 1 contract

Samples: Employment Agreement (Gt Interactive Software Corp)