Common use of Covenant Not to Solicit Clause in Contracts

Covenant Not to Solicit. In the event Executive breaches his obligations to the Company to remain employed as provided in Section 1 above or if Executive is entitled to receive payments and benefits under Section 2 above other than pursuant to clause (ii) or (iii) of Section 2(a) above, then, for a period of one (1) year following Executive’s Termination Date, Executive shall not: (i) solicit, encourage or take any other action which is intended to induce any other employee, any supplier or any customer, of the Company or any Subsidiary to terminate his employment or relationship with the Company or any Subsidiary; or (ii) interfere in any manner with the contractual or employment relationship between the Company and any such employee, supplier or customer of the Company or any Subsidiary. The foregoing shall not prohibit Executive or any entity with which Executive may be affiliated from hiring a former employee of the Company or any Subsidiary; provided, that such hiring results exclusively from such former employee’s affirmative response to a general recruitment effort.

Covenant Not to Solicit. In the event Executive breaches his obligations to the Company to remain employed as provided in Section 1 above or if Executive Executive’s employment is terminated and is entitled to receive payments and benefits under Section 2 above 6.2, other than pursuant to clause (ii) or (iii) of Section 2(a6.2(a) above, then, for a period of one (1) year following Executive’s Termination Date, Executive shall not: (i) solicit, encourage or take any other action which is intended to induce any other employee, any supplier or any customer, of the Company or any Subsidiary to terminate his employment or relationship with the Company or any Subsidiary; or (ii) interfere in any manner with the contractual or employment relationship between the Company and any such employee, supplier or customer of the Company or any Subsidiary. The foregoing shall not prohibit Executive or any entity with which Executive may be affiliated from hiring a former employee of the Company or any Subsidiary; provided, that such hiring results exclusively from such former employee’s affirmative response to a general recruitment effort.