Common use of Covenant of Nonsolicitation Clause in Contracts

Covenant of Nonsolicitation. During the Restriction Period, either directly, indirectly, or through any person or entity, other than on behalf of the Company, Employee shall not: (i) solicit or accept any business similar to the Company's Business from any person or entity who or which was or is a customer of the Company and with whom or which Employee had or has had "Material Contact" (as defined below) on behalf of the Company within the one-year period immediately preceding the termination of Employee's employment with the Company (a "Serviced Customer"); (ii) solicit or accept any business similar to the Company's Business from any person or entity who or which was or is a prospective customer of the Company and with whom or which Employee had or has had Material Contact on behalf of the Company within the one-year period immediately preceding the termination of Employee's employment with the Company (a "Marketed Prospective Customer"); (iii) divert or attempt to divert any Serviced Customer or Marketed Prospective Customer to any person or business entity competitive with the Company; or, (iv) employ or seek to employ, retain or seek to retain, or advise or recommend to any other person or business entity that such person/entity employ or seek to employ or retain or seek to retain, any employee or consultant of the Company, or solicit, induce, recruit, or encourage any such employee or consultant to terminate his or her relationship with the Company. For purposes of this Agreement, Employee will be deemed to have had "Material Contact" with a person or business entity if, in the course of Employee's employment with the Company, Employee obtained Information concerning the person or entity, or Employee had personal dealings with the person or entity regarding matters related to the Company's Business.

Covenant of Nonsolicitation. During the Restriction Period, either directly, indirectly, or through any person or entity, other than on behalf of the Company, Employee employee shall not: (i) solicit or accept any business similar to the Company's Business from any person or entity who or which was or is a customer of the Company and with whom or which Employee employee had or has had "Material Contact" (as defined below) on behalf of the Company within the one-year period immediately preceding the termination of Employeeemployee's employment with the Company (a "Serviced Customer"); (ii) solicit or accept any business similar to the Company's Business from any person or entity who or which was or is a prospective customer of the Company and with whom or which Employee employee had or has had Material Contact on behalf of the Company within the one-year period immediately preceding the termination of Employeeemployee's employment with the Company (a "Marketed Prospective Customer"); (iii) divert or attempt to divert any Serviced Customer or Marketed Prospective Customer to any person or business entity competitive with the Company; or, (iv) employ or seek to employ, retain or seek to retain, or advise or recommend to any other person or business entity that such person/entity employ or seek to employ or retain or seek to retain, any employee or consultant of the Company, or solicit, induce, recruit, or encourage any such employee or consultant to terminate his or her relationship with the Company. For purposes of this Agreement, Employee employee will be deemed to have had "Material Contact" with a person or business entity if, in the course of Employeeemployee's employment with the Company, Employee employee obtained Information concerning the person or entity, or Employee employee had personal dealings with the person or entity regarding matters related to the Company's Business.

Covenant of Nonsolicitation. During the Restriction Period, either directly, indirectly, or through any person or entity, other than on behalf of the Company, Employee shall not: (i) solicit or accept any business similar to competitive with the Company's Business from any person or entity who or which was or is a customer of the Company and with whom or which Employee had or has had "Material Contact" (as defined below) on behalf of the Company within the one-year period immediately preceding the termination of Employee's employment with the Company (a "Serviced Customer"); (ii) solicit or accept any business similar to competitive with the Company's Business from any person or entity who or which was or is a prospective customer of the Company and with whom or which Employee had or has had Material Contact on behalf of the Company within the one-year period immediately preceding the termination of Employee's employment with the Company (a "Marketed Prospective Customer"); (iii) divert or attempt to divert any Serviced Customer or Marketed Prospective Customer to any person or business entity competitive with the Company; or,; (iv) employ or seek to employ, retain or seek to retain, or advise or recommend to any other person or business entity that such person/entity employ or seek to employ or retain or seek to retain, any executive level employee of the Company (including but not limited to any project managers or senior sales people) or consultant of the Company serving the Company in a similar capacity, or solicit, induce, recruit, or encourage any such employee or consultant to terminate his or her relationship with the Company; or, (v) seek to employ or seek to retain, or advise or recommend to any other person or business entity that such person/entity seek to employ or seek to retain, any other employee or consultant of the Company, or solicit, induce, recruit, or encourage any such employee or consultant to terminate his or her relationship with the Company. For purposes of this Agreement, Employee will be deemed to have had "Material Contact" with a person or business entity if, in the course of Employee's employment with the Company, Employee obtained Information concerning the person or entity, or Employee had personal dealings with the person or entity regarding matters related to the Company's Business.