Common use of Covenant Against Solicitation Clause in Contracts

Covenant Against Solicitation. Participant agrees that during the Restricted Period, Participant shall not, directly or indirectly (or directly or indirectly assist any individual or entity to): (i) solicit, divert with the intention to take away, or attempt to divert with the intention to take away, the business or patronage of, or business opportunity with, any individual or entity who or which either is, or during the twelve (12) months immediately prior to the date of Participant’s termination of services or employment with the Company was, a customer or supplier of the Company with whom Participant worked with or acquired confidential information about during employment with the Company; (ii) perform services for, solicit services or business from or contact for business purposes any client or potential client with whom the Participant worked with or acquired confidential information about during his/her employment; (iii) interfere with, disrupt, or attempt to interfere with or disrupt, or encourage or assist others to disrupt or interfere with, the relationship, contractual or otherwise, between the Company and any of its customers, suppliers, lessors, consultants, independent contractors, agents, employees or any other person or entity with whom Participant worked with or acquired confidential information about during employment with the Company; or (iv) solicit, communicate regarding job placement or hiring, or contact with a view toward engagement or hiring any person that is, or was during the twelve (12) months immediately prior to the date of Participant’s termination of employment or services with the Company, any employee or contractor of the Company with whom Participant worked with, managed or who performed services with in the same division(s) as Participant. Notwithstanding the foregoing, to the extent a Participant who is a resident in Oklahoma is no longer employed by the Company, the restrictions of Section 6(a) and Section 6(b)(i), (ii) and (iii) shall not apply in the State of Oklahoma. Instead, the restrictions on the Participant’s conduct within the Restricted Territory located in the State of Oklahoma is revised to prohibit the Oklahoma resident’s activities as follows: the Participant will not directly solicit the sale of goods, services or a combination of goods and services from established customers of the Company.