Common use of Covenants Against Competition and Solicitation Clause in Contracts

Covenants Against Competition and Solicitation. Each of the restrictions set out in this Section II.B.3(c) constitutes an entirely separate, severable and independent obligation of Grantee. They are entered into in order to safeguard the legitimate business interests of the Company and particularly the goodwill of the Company in connection with its clients, suppliers and employees. Each separate restriction applies whether Grantee undertakes the activity in question directly or indirectly through a third party and whether it is undertaken on his own behalf or on behalf of, or in conjunction with, any firm, company or person. Grantee covenants that Grantee will not for the Restricted Period: (i) entice or solicit or endeavour to entice or solicit away from the Company or any Group Company any Relevant Employee; (ii) employ or otherwise engage or otherwise facilitate the employment or engagement of any Relevant Employee; (iii) solicit or endeavour to supply Restricted Goods or Services to any Relevant Customer; (iv) supply or be involved with the supply of Restricted Goods or Services to any Relevant Customer; (v) have any business dealings with any Relevant Customer on behalf of a Relevant Business; (vi) carry on or be concerned as a principal or agent in any Relevant Business within the Restricted Area; (vii) carry on or be concerned as a partner or member in any Relevant Business within the Restricted Area; (viii) be employed or engaged as a worker in any Relevant Business that operates or seeks to operate within the Restricted Area; (ix) be engaged as a consultant (directly or through another entity) or adviser to any Relevant Business within the Restricted Area; (x) carry on or be concerned as a director of any Relevant Business within the Restricted Area; (xi) hold a material financial interest in any Relevant Business within the Restricted Area; (xii) hold a shareholding in any Relevant Business within the Restricted Area, disregarding any financial interest of a person in securities which are listed or dealt in on any Recognised Stock Exchange if that person, Grantee and any person connected with Grantee are interested in securities which amount to less than five per cent of the issued securities of that class and which, in all circumstances, carry less than five per cent of the voting rights (if any) attaching to the issued securities of that class; and (xiii) be a person with significant control (under part 21A of the United Kingdom Companies Act 2006) in any Relevant Business within the Restricted Area. The restrictions above only apply in respect of business activities which compete or seek to compete with the Company and nothing in these provisions seeks to prevent Grantee in connection with activities which do not compete with the Company. While the restrictions above are considered by Grantee and the Company to be reasonable in all the circumstances, it is recognized that such restrictions may fail for unforeseen reasons and, it is therefore agreed that if any of the restrictions are held to be void, but would be valid if part of the wording were deleted or if the periods (if any) specified were reduced or the areas dealt with reduced in scope, such restrictions shall apply with such modifications as may be necessary to make them valid and effective.”

Covenants Against Competition and Solicitation. Each of the restrictions set out in this Section II.B.3(cII.B.4(c) constitutes an entirely separate, severable and independent obligation of Grantee. They are entered into in order to safeguard the legitimate business interests of the Company and particularly the goodwill of the Company in connection with its clients, suppliers and employees. Each separate restriction applies whether Grantee undertakes the activity in question directly or indirectly through a third party and whether it is undertaken on his own behalf or on behalf of, or in conjunction with, any firm, company or person. Grantee covenants that Grantee will not for the Restricted Period: (i) entice or solicit or endeavour to entice or solicit away from the Company or any Group Company any Relevant Employee; (ii) employ or otherwise engage or otherwise facilitate the employment or engagement of any Relevant Employee; (iii) solicit or endeavour to supply Restricted Goods or Services to any Relevant Customer; (iv) supply or be involved with the supply of Restricted Goods or Services to any Relevant Customer; (v) have any business dealings with any Relevant Customer on behalf of a Relevant Business; (vi) carry on or be concerned as a principal or agent in any Relevant Business within the Restricted Area; (vii) carry on or be concerned as a partner or member in any Relevant Business within the Restricted Area; (viii) be employed or engaged as a worker in any Relevant Business that operates or seeks to operate within the Restricted Area; (ix) be engaged as a consultant (directly or through another entity) or adviser to any Relevant Business within the Restricted Area; (x) carry on or be concerned as a director of any Relevant Business within the Restricted Area; (xi) hold a material financial interest in any Relevant Business within the Restricted Area; (xii) hold a shareholding in any Relevant Business within the Restricted Area, disregarding any financial interest of a person in securities which are listed or dealt in on any Recognised Stock Exchange if that person, Grantee and any person connected with Grantee are interested in securities which amount to less than five per cent of the issued securities of that class and which, in all circumstances, carry less than five per cent of the voting rights (if any) attaching to the issued securities of that class; and (xiii) be a person with significant control (under part 21A of the United Kingdom Companies Act 2006) in any Relevant Business within the Restricted Area. The restrictions in above only apply in respect of business activities which compete or seek to compete with the Company and nothing in these provisions seeks to prevent Grantee in connection with activities which do not compete with the Company. While the restrictions above are considered by Grantee and the Company to be reasonable in all the circumstances, it is recognized that such restrictions may fail for unforeseen reasons and, it is therefore agreed that if any of the restrictions are held to be void, but would be valid if part of the wording were deleted or if the periods (if any) specified were reduced or the areas dealt with reduced in scope, such restrictions shall apply with such modifications as may be necessary to make them valid and effective.”

Covenants Against Competition and Solicitation. Each of the restrictions set out in this Section II.B.3(cII.B.4(c) constitutes an entirely separate, severable and independent obligation of Grantee. They are entered into in order to safeguard the legitimate business interests of the Company and particularly the goodwill of the Company in connection with its clients, suppliers and employees. Each separate restriction applies whether Grantee undertakes the activity in question directly or indirectly through a third party and whether it is undertaken on his own behalf or on behalf of, or in conjunction with, any firm, company or person. Grantee covenants that Grantee will not for the Restricted Period: (i) entice or solicit or endeavour to entice or solicit away from the Company or any Group Company any Relevant Employee; (ii) employ or otherwise engage or otherwise facilitate the employment or engagement of any Relevant Employee;; x (iii) solicit or endeavour to supply Restricted Goods or Services to any Relevant Customer; (iv) supply or be involved with the supply of Restricted Goods or Services to any Relevant Customer; (v) have any business dealings with any Relevant Customer on behalf of a Relevant Business; (vi) carry on or be concerned as a principal or agent in any Relevant Business within the Restricted Area; (vii) carry on or be concerned as a partner or member in any Relevant Business within the Restricted Area; (viii) be employed or engaged as a worker in any Relevant Business that operates or seeks to operate within the Restricted Area; (ix) be engaged as a consultant (directly or through another entity) or adviser to any Relevant Business within the Restricted Area; (x) carry on or be concerned as a director of any Relevant Business within the Restricted Area; (xi) hold a material financial interest in any Relevant Business within the Restricted Area; (xii) hold a shareholding in any Relevant Business within the Restricted Area, disregarding any financial interest of a person in securities which are listed or dealt in on any Recognised Stock Exchange if that person, Grantee and any person connected with Grantee are interested in securities which amount to less than five per cent of the issued securities of that class and which, in all circumstances, carry less than five per cent of the voting rights (if any) attaching to the issued securities of that class; and (xiii) be a person with significant control (under part 21A of the United Kingdom Companies Act 2006) in any Relevant Business within the Restricted Area. The restrictions above only apply in respect of business activities which compete or seek to compete with the Company and nothing in these provisions seeks to prevent Grantee in connection with activities which do not compete with the Company. While the restrictions above are considered by Grantee and the Company to be reasonable in all the circumstances, it is recognized that such restrictions may fail for unforeseen reasons and, it is therefore agreed that if any of the restrictions are held to be void, but would be valid if part of the wording were deleted or if the periods (if any) specified were reduced or the areas dealt with reduced in scope, such restrictions shall apply with such modifications as may be necessary to make them valid and effective.”

Covenants Against Competition and Solicitation. Each of the restrictions set out in this Section II.B.3(cII.B.4(c) constitutes an entirely separate, severable and independent obligation of Grantee. They are entered into in order to safeguard the legitimate business interests of the Company and particularly the goodwill of the Company in connection with its clients, suppliers and employees. Each separate restriction applies whether Grantee undertakes the activity in question directly or indirectly through a third party and whether it is undertaken on his own behalf or on behalf of, or in conjunction with, any firm, company or person. Grantee covenants that Grantee will not for the Restricted Period: (i) entice or solicit or endeavour to entice or solicit away from the Company or any Group Company any Relevant Employee; (ii) employ or otherwise engage or otherwise facilitate the employment or engagement of any Relevant Employee; (iii) solicit or endeavour to supply Restricted Goods or Services to any Relevant Customer; (iv) supply or be involved with the supply of Restricted Goods or Services to any Relevant Customer; (v) have any business dealings with any Relevant Customer on behalf of a Relevant Business; (vi) carry on or be concerned as a principal or agent in any Relevant Business within the Restricted Area; (vii) carry on or be concerned as a partner or member in any Relevant Business within the Restricted Area; (viii) be employed or engaged as a worker in any Relevant Business that operates or seeks to operate within the Restricted Area; (ix) be engaged as a consultant (directly or through another entity) or adviser to any Relevant Business within the Restricted Area; (x) carry on or be concerned as a director of any Relevant Business within the Restricted Area; (xi) hold a material financial interest in any Relevant Business within the Restricted Area; (xii) hold a shareholding in any Relevant Business within the Restricted Area, disregarding any financial interest of a person in securities which are listed or dealt in on any Recognised Stock Exchange if that person, Grantee and any person connected with Grantee are interested in securities which amount to less than five per cent of the issued securities of that class and which, in all circumstances, carry less than five per cent of the voting rights (if any) attaching to the issued securities of that class; and (xiii) be a person with significant control (under part 21A of the United Kingdom Companies Act 2006) in any Relevant Business within the Restricted Area. The restrictions above only apply in respect of business activities which compete or seek to compete with the Company and nothing in these provisions seeks to prevent Grantee in connection with activities which do not compete with the Company. While the restrictions above are considered by Grantee and the Company to be reasonable in all the circumstances, it is recognized that such restrictions may fail for unforeseen reasons and, it is therefore agreed that if any of the restrictions are held to be void, but would be valid if part of the wording were deleted or if the periods (if any) specified were reduced or the areas dealt with reduced in scope, such restrictions shall apply with such modifications as may be necessary to make them valid and effective.”

Covenants Against Competition and Solicitation. Each of the restrictions set out in this Section II.B.3(c) constitutes an entirely separate, severable and independent obligation of Grantee. They are entered into in order to safeguard the legitimate business interests of the Company and particularly the goodwill of the Company in connection with its clients, suppliers and employees. Each separate restriction applies whether Grantee undertakes the activity in question directly or indirectly through a third party and whether it is undertaken on his own behalf or on behalf of, or in conjunction with, any firm, company or person. Grantee covenants that Grantee will not for the Restricted Period: (i) entice or solicit or endeavour to entice or solicit away from the Company or any Group Company any Relevant Employee; (ii) employ or otherwise engage or otherwise facilitate the employment or engagement of any Relevant Employee; (iii) solicit or endeavour to supply Restricted Goods or Services to any Relevant Customer;; x (iv) supply or be involved with the supply of Restricted Goods or Services to any Relevant Customer; (v) have any business dealings with any Relevant Customer on behalf of a Relevant Business; (vi) carry on or be concerned as a principal or agent in any Relevant Business within the Restricted Area; (vii) carry on or be concerned as a partner or member in any Relevant Business within the Restricted Area; (viii) be employed or engaged as a worker in any Relevant Business that operates or seeks to operate within the Restricted Area; (ix) be engaged as a consultant (directly or through another entity) or adviser to any Relevant Business within the Restricted Area; (x) carry on or be concerned as a director of any Relevant Business within the Restricted Area; (xi) hold a material financial interest in any Relevant Business within the Restricted Area; (xii) hold a shareholding in any Relevant Business within the Restricted Area, disregarding any financial interest of a person in securities which are listed or dealt in on any Recognised Stock Exchange if that person, Grantee and any person connected with Grantee are interested in securities which amount to less than five per cent of the issued securities of that class and which, in all circumstances, carry less than five per cent of the voting rights (if any) attaching to the issued securities of that class; and (xiii) be a person with significant control (under part 21A of the United Kingdom Companies Act 2006) in any Relevant Business within the Restricted Area. The restrictions above only apply in respect of business activities which compete or seek to compete with the Company and nothing in these provisions seeks to prevent Grantee in connection with activities which do not compete with the Company. While the restrictions above are considered by Grantee and the Company to be reasonable in all the circumstances, it is recognized that such restrictions may fail for unforeseen reasons and, it is therefore agreed that if any of the restrictions are held to be void, but would be valid if part of the wording were deleted or if the periods (if any) specified were reduced or the areas dealt with reduced in scope, such restrictions shall apply with such modifications as may be necessary to make them valid and effective.”

Covenants Against Competition and Solicitation. Each of the restrictions set out in this Section II.B.3(c) constitutes an entirely separate, severable and independent obligation of Grantee. They are entered into in order to safeguard the legitimate business interests of the Company and particularly the goodwill of the Company in connection with its clients, suppliers and employees. Each separate restriction applies whether Grantee undertakes the activity in question directly or indirectly through a third party and whether it is undertaken on his own behalf or on behalf of, or in conjunction with, any firm, company or person. Grantee covenants that Grantee will not for the Restricted Period: (i) entice or solicit or endeavour to entice or solicit away from the Company or any Group Company any Relevant Employee; (ii) employ or otherwise engage or otherwise facilitate the employment or engagement of any Relevant Employee; (iii) solicit or endeavour to supply Restricted Goods or Services to any Relevant Customer; (iv) supply or be involved with the supply of Restricted Goods or Services to any Relevant Customer; (v) have any business dealings with any Relevant Customer on behalf of a Relevant Business; (vi) carry on or be concerned as a principal or agent in any Relevant Business within the Restricted Area; (vii) carry on or be concerned as a partner or member in any Relevant Business within the Restricted Area; (viii) be employed or engaged as a worker in any Relevant Business that operates or seeks to operate within the Restricted Area; (ix) be engaged as a consultant (directly or through another entity) or adviser to any Relevant Business within the Restricted Area; (x) carry on or be concerned as a director of any Relevant Business within the Restricted Area; (xi) hold a material financial interest in any Relevant Business within the Restricted Area; (xii) hold a shareholding in any Relevant Business within the Restricted Area, disregarding any financial interest of a person in securities which are listed or dealt in on any Recognised Stock Exchange if that person, Grantee and any person connected with Grantee are interested in securities which amount to less than five per cent of the issued securities of that class and which, in all circumstances, carry less than five per cent of the voting rights (if any) attaching to the issued securities of that class; and (xiii) be a person with significant control (under part 21A of the United Kingdom Companies Act 2006) in any Relevant Business within the Restricted Area. The restrictions above only apply in respect of business activities which compete or seek to compete with the Company and nothing in these provisions seeks to prevent Grantee in connection with activities which do not compete with the Company. While the restrictions above are considered by Grantee and the Company to be reasonable in all the circumstances, it is recognized that such restrictions may fail for unforeseen reasons and, it is therefore agreed that if any of the restrictions are held to be void, but would be valid if part of the wording were deleted or if the periods (if any) specified were reduced or the areas dealt with reduced in scope, such restrictions shall apply with such modifications as may be necessary to make them valid and effective.”” vi