Covenants Not to Compete or Solicit. 7.1. The Employee undertakes that during the term of this Agreement and for 24 months thereafter, he will not, directly or indirectly (whether as sole proprietor, partner, stockholder, director, officer, employee or in any other capacity as principal or agent) compete with, or participate in any business that competes with, the Employer; provided that the Employee may invest in (i) the securities of any business or enterprise (but without otherwise participating in the activities of such business or enterprise) which are listed on a national or regional securities exchange or traded in the over-the- counter market, and (ii) equity interests of the Employer, of any member thereof. 7.2. The Employee undertakes that during the term of this Agreement and for a period of 24 months thereafter he will not, directly or indirectly (whether as a sole proprietor, partner, stockholder, director, officer, employee, or in any other capacity as principal or agent), do any of the following: 7.2.1. Hire, or attempt to hire for employment, any person who is an employee of the Employer on the date of such termination of employment, or attempt to influence any such person to terminate his employment by the Employer; or 7.2.2. In any other manner interfere with, disrupt or attempt to disrupt the relationship, contractual or otherwise, between the Employer and any of its employees, or disparage the business or reputation of the Employer to any such person. 7.2.3. The Employee undertakes that during the term of this Agreement and for 24 months thereafter he will not, directly or indirectly (whether as a sole proprietor, partner, stockholder, director, officer, employee or in any other capacity as principal or agent), do any of the following: 7.2.3.1. Solicit, service or accept any actual or prospective accounts, clients or customers of the Employer during the period of the Employee's employment by the Employer; 7.2.3.2. Influence or attempt to influence any of the accounts, customers or clients referred to in Section 7.2.3 to transfer their business or patronage from the Employer to any other person or company engaged in a similar business; 7.2.3.3. Directly assist any person or company soliciting, servicing or accepting any of the accounts, customers or clients referred to in Subsection 7.2.3; or 7.2.3.4. In any other manner directly interfere with, disrupt or attempt to disrupt the relationship, contractual or otherwise, between the Employer and any of its accounts, customers or clients referred to in Subsection 7.2.4, or any other person, or disparage the business or reputation of the Employer to any such person. 7.2.4. The Employer undertakes that during the term of this Agreement and for a period of 24 months thereafter he will not, directly or indirectly, disparage the business or reputation of the Employee to any accounts, customers or clients referred to in this Section 7, or any other person.
Appears in 2 contracts
Samples: Employment Agreement (World Information Technology Inc), Employment Agreement (World Information Technology Inc)
Covenants Not to Compete or Solicit. 7.1. a) The Employee undertakes that during the term of this Agreement and for 24 12 months thereafter, he he/she will not, directly or indirectly (whether as sole proprietor, partner, stockholder, director, officer, employee or in any other capacity as principal or agent) compete with, or participate in any business that competes with, the Employer; provided that the Employee may invest in (i) the securities of any business or enterprise (but without otherwise participating in the activities of such business or enterprise) which are listed on a national or regional securities exchange or traded in the over-the- the-counter market, and (ii) equity interests of the Employer, of any member thereof.
7.2. b) The Employee undertakes that during the term of this Agreement and for a period of 24 12 months thereafter he he/she will not, directly or indirectly (whether as a sole proprietor, partner, stockholder, director, officer, employee, employee or in any other capacity as principal or agent), do any of the following:
7.2.1. i. Hire, or attempt to hire for employment, any person who is an employee of the Employer on the date of such termination of employment, or attempt to influence any such person to terminate his employment by the Employer; or
7.2.2ii. In any other manner interfere with, disrupt or attempt to disrupt the relationship, ; contractual or otherwise, between the Employer and any of its employees, or disparage the business or reputation of the Employer to any such person.
7.2.3. c) The Employee undertakes that during the term of this Agreement and for 24 6 months thereafter he he/she will not, directly or indirectly (whether as a sole proprietor, partner, stockholder, director, officer, employee or in any other capacity as principal or agent), do any of the following:
7.2.3.1. i. Solicit, service or accept any actual or prospective accounts, clients or customers of the Employer during the period of the Employee's ’s employment by the Employer;
7.2.3.2ii. Influence or attempt to influence any of the accounts, customers or clients referred to in Section 7.2.3 Subsection 9(c)(i) to transfer their business or patronage from the Employer to any other person or company engaged in a similar business;.
7.2.3.3iii. Directly assist any person or company soliciting, servicing or accepting any of the accounts, customers or clients referred to in Subsection 7.2.39(c)(i); or
7.2.3.4iv. In any other manner directly interfere with, disrupt or attempt to disrupt the relationship, contractual or otherwise, between the Employer and any of its accounts, customers or clients referred to in Subsection 7.2.49(d)(i), or any other person, or disparage the business or reputation of the Employer to any such person.
7.2.4. d) The Employer undertakes that during the term of this Agreement and for a period of 24 30 months thereafter he will not, directly or indirectly, disparage the business or reputation of the Employee to any accounts, customers or clients referred to in this Section 7Subsection 9(c)(i), or any other person.
Appears in 2 contracts
Samples: Employment Agreement (Genethera Inc), Employment Agreement (Genethera Inc)
Covenants Not to Compete or Solicit. 7.1. The Employee undertakes (a) Each of the Shareholders (other than the Principal Shareholders, but specifically including Pxxx Xxxxxxxx) agree that during beginning on the term Closing Date and ending on the second (2nd) anniversary of the date of this Agreement and for 24 months thereafter(the “Non-Compete Period”), he will such Shareholder shall not, other than on behalf of the Purchaser or the Company, directly or indirectly indirectly, without the prior written consent of the Purchaser and the Company, engage anywhere in the Geographic Area in (whether as sole an employee, agent, consultant, advisor, independent contractor, proprietor, partner, stockholder, director, officer, employee director or otherwise on their own account or by or in association with or for the benefit of any other capacity as principal Person), have any ownership interest in (except for passive ownership of one percent (1%) or agent) compete withless of any entity whose securities have been registered under the Securities Act of 1933 or Section 12 of the Securities Exchange Act of 1934), or participate in the financing, operation, management or control of, any firm, partnership, corporation, entity or business that competes with, is engaged or participates in any activity or business which is directly competitive with the Employer; provided that the Employee may invest in (i) the securities of any business or enterprise (but without otherwise participating in the activities of such business or enterprise) which are listed on a national or regional securities exchange or traded in the over-the- counter market, and (ii) equity interests of the Employer, of any member thereofCompany (the “Restricted Business”).
7.2. The Employee undertakes (b) Each Shareholder (other than Sxxxxx Ltd.) agrees that during the term of this Agreement and for a period of 24 months thereafter he will notNon-Compete Period, directly or indirectly (whether as a sole proprietor, partner, stockholder, director, officer, employee, or in any other capacity as principal or agent), do any of the following:
7.2.1. Hire, or attempt to hire for employment, any person who is an employee of the Employer on the date of such termination of employment, or attempt to influence any such person to terminate his employment by the Employer; or
7.2.2. In any other manner interfere with, disrupt or attempt to disrupt the relationship, contractual or otherwise, between the Employer and any of its employees, or disparage the business or reputation of the Employer to any such person.
7.2.3. The Employee undertakes that during the term of this Agreement and for 24 months thereafter he will not, directly or indirectly (whether as a sole proprietor, partner, stockholder, director, officer, employee or in any other capacity as principal or agent), do any of the following:
7.2.3.1. Solicit, service or accept any actual or prospective accounts, clients or customers of the Employer during the period of the Employee's employment by the Employer;
7.2.3.2. Influence or attempt to influence any of the accounts, customers or clients referred to in Section 7.2.3 to transfer their business or patronage from the Employer to any other person or company engaged in a similar business;
7.2.3.3. Directly assist any person or company soliciting, servicing or accepting any of the accounts, customers or clients referred to in Subsection 7.2.3; or
7.2.3.4. In any other manner directly interfere with, disrupt or attempt to disrupt the relationship, contractual or otherwise, between the Employer and any of its accounts, customers or clients referred to in Subsection 7.2.4, or any other person, or disparage the business or reputation of the Employer to any such person.
7.2.4. The Employer undertakes that during the term of this Agreement and for a period of 24 months thereafter he will Shareholder shall not, directly or indirectly, disparage without the business or reputation prior written consent of the Employee Purchaser and the Company, induce or attempt to induce any accountsof the Company’s respective customers, customers suppliers, distributors or clients referred contractors with whom the Company has transacted the Restricted Business in the Geographic Area in the twelve (12) months prior to Closing, to terminate, reduce or otherwise change its relationship with the Company in this order to enter into any relationship with such Shareholder in relation to the Restricted Business in the Geographic Area or with any other Person that engages or participates (or plans to engage or participate) in the Restricted Business in the Geographic Area. This Section 76.1 shall in no event be deemed to restrict the activities of a current or future portfolio company of a Shareholder that is a venture capital fund.
(c) During the Non-Compete Period, each Shareholder agrees that such Shareholder shall not, directly or indirectly, solicit or entice away from the Company, or assist any other personPerson in employing or otherwise retaining the services of anyone who is an Employee (other than Employees engaged in a junior administrative or secretarial capacity of the Company on the date of this Agreement).
Appears in 1 contract
Covenants Not to Compete or Solicit. 7.1. (a) The Employee undertakes that during the term of this Agreement and for 24 12 months thereafter, he will not, directly or indirectly (whether as sole proprietor, partner, stockholder, director, officer, employee or in any other capacity as principal or agent) compete with, or participate in any business that competes with, the Employer; provided that the Employee may invest in (i) the securities of any business or enterprise (but without otherwise participating in the activities of such business or enterprise) which are listed on a national or regional securities exchange or traded in the over-the- the-counter market, and (ii) equity interests of the Employer, of any member thereof.
7.2. (b) The Employee undertakes that during the term of this Agreement and for a period of 24 36 months thereafter he will not, directly or indirectly (whether as a sole proprietor, partner, stockholder, director, officer, employee, employee or in any other capacity as principal or agent), do any of the following:
7.2.1. Hire(i) hire, or attempt to hire for employment, any person who is an employee of the Employer on the date of such termination of employment, or attempt to influence any such person to terminate his employment by the Employer; or
7.2.2. In (ii) in any other manner interfere with, disrupt or attempt to disrupt the relationship, contractual or otherwise, between the Employer and any of its employees, or disparage the business or reputation of the Employer to any such person.
7.2.3. (c) The Employee undertakes that during the term of this Agreement and for 24 36 months thereafter he will not, directly or indirectly (whether as a sole proprietor, partner, stockholder, director, officer, employee or in any other capacity as principal or agent), do any of the following:
7.2.3.1. Solicit(i) solicit, service or accept any actual or prospective accounts, clients or customers of the Employer during the period of the Employee's employment by the Employer;
7.2.3.2. Influence (ii) influence or attempt to influence any of the accounts, customers or clients referred to in Section 7.2.3 Subsection 11(c)(i) to transfer their business or patronage from the Employer to any other person or company engaged in a similar business;
7.2.3.3. Directly (iii) directly assist any person or company soliciting, servicing or accepting any of the accounts, customers or clients referred to in Subsection 7.2.311(c)(i); or
7.2.3.4. In (iv) in any other manner directly interfere with, disrupt or attempt to disrupt the relationship, contractual or otherwise, between the Employer and any of its accounts, customers or clients referred to in Subsection 7.2.411(d)(i), or any other person, or disparage the business or reputation of the Employer to any such person.
7.2.4. (d) The Employer undertakes that during the term of this Agreement and for a period of 24 36 months thereafter he will not, directly or indirectly, disparage the business or reputation of the Employee to any accounts, customers or clients referred to in this Section 7Subsection 11(c)(i), or any other person.
Appears in 1 contract
Samples: Employment Agreement (Syndicated Food Service International Inc)
Covenants Not to Compete or Solicit. 7.1. a. The Employee undertakes that during the term of this Agreement and for 24 months thereafter, he will not, directly or indirectly (whether as sole proprietor, partner, stockholder, director, officer, employee or in any other capacity as principal or agent) compete with, or participate in any business that competes with, the Employer; provided that the Employee may invest in (i) the securities of any business or enterprise (but without otherwise participating in the activities of such business or enterprise) which are listed on a national or regional securities exchange or traded in the over-the- the-counter market, and (ii) equity interests of the Employer, of any member thereof.
7.2. b. The Employee undertakes that during the term of this Agreement and for a period of 24 months thereafter he will not, directly or indirectly (whether as a sole proprietor, partner, stockholder, director, officer, employee, employee or in any other capacity as principal or agent), do any of the following:
7.2.1. i. Hire, or attempt to hire for employment, any person who is an employee of the Employer on the date of such termination of employment, or attempt to influence any such person to terminate his employment by the Employer; or
7.2.2ii. In any other manner interfere with, disrupt or attempt to disrupt the relationship, contractual or otherwise, between the Employer and any of its employees, or disparage the business or reputation of the Employer to any such person.
7.2.3iii. The Employee undertakes that during the term of this Agreement and for 24 months thereafter he will not, directly or indirectly (whether as a sole proprietor, partner, stockholder, director, officer, employee or in any other capacity as principal or agent), do any of the following:
7.2.3.1. A. Solicit, service or accept any actual or prospective accounts, clients or customers of the Employer during the period of the Employee's employment by the Employer;
7.2.3.2. B. Influence or attempt to influence any of the accounts, customers or clients referred to in Section 7.2.3 7.b.iii to transfer their business or patronage from the Employer to any other person or company engaged in a similar business;
7.2.3.3. C. Directly assist any person or company soliciting, servicing or accepting any of the accounts, customers or clients referred to in Subsection 7.2.37.b.iii; or
7.2.3.4. D. In any other manner directly interfere with, disrupt or attempt to disrupt the relationship, contractual or otherwise, between the Employer and any of its accounts, customers or clients referred to in Subsection 7.2.47.b.iii, or any other person, or disparage the business or reputation of the Employer to any such person.
7.2.4iv. The Employer undertakes that during the term of this Agreement and for a period of 24 months thereafter at all times, now or hereafter, he will not, directly or indirectly, disparage the business or reputation of the Employee to any accounts, customers or clients referred to in this Section 7, or any other person.
Appears in 1 contract
Samples: Employment Agreement (Borough Corp)
Covenants Not to Compete or Solicit. 7.1. The Employee undertakes that during (a) For a period five (5) years from the term Closing Date, except with respect to the activities contemplated in the Distribution Agreement, each of this Agreement and for 24 months thereafter, he will not, directly or indirectly (whether as sole proprietor, partner, stockholder, director, officer, employee or in any other capacity as principal or agent) compete with, or participate in any business that competes withSeller, the Employer; provided that Stockholders and the Employee may invest in (i) the securities of any business or enterprise (but without otherwise participating in the activities of such business or enterprise) which are listed on a national or regional securities exchange or traded in the over-the- counter market, and (ii) equity interests of the Employer, of any member thereof.
7.2. The Employee undertakes that during the term of this Agreement and for a period of 24 months thereafter he will not, directly or indirectly (whether as a sole proprietor, partner, stockholder, director, officer, employee, or in any other capacity as principal or agent), do any of the following:
7.2.1. Hire, or attempt to hire for employment, any person who is an employee of the Employer on the date of such termination of employment, or attempt to influence any such person to terminate his employment by the Employer; or
7.2.2. In any other manner interfere with, disrupt or attempt to disrupt the relationship, contractual or otherwise, between the Employer and any of its employees, or disparage the business or reputation of the Employer to any such person.
7.2.3. The Employee undertakes that during the term of this Agreement and for 24 months thereafter he will not, directly or indirectly (whether as a sole proprietor, partner, stockholder, director, officer, employee or in any other capacity as principal or agent), do any of the following:
7.2.3.1. Solicit, service or accept any actual or prospective accounts, clients or customers of the Employer during the period of the Employee's employment by the Employer;
7.2.3.2. Influence or attempt to influence any of the accounts, customers or clients referred to in Section 7.2.3 to transfer their business or patronage from the Employer to any other person or company engaged in a similar business;
7.2.3.3. Directly assist any person or company soliciting, servicing or accepting any of the accounts, customers or clients referred to in Subsection 7.2.3; or
7.2.3.4. In any other manner directly interfere with, disrupt or attempt to disrupt the relationship, contractual or otherwise, between the Employer and any of its accounts, customers or clients referred to in Subsection 7.2.4, or any other person, or disparage the business or reputation of the Employer to any such person.
7.2.4. The Employer undertakes that during the term of this Agreement and for a period of 24 months thereafter he will notBeneficiary agree not to, directly or indirectly, by or for themselves or as the employee or agent of another or through others as their agent:
(i) produce, promote, sell, lease, license, distribute, install or service anywhere in North America, South America, Asia, Japan, Australia and Europe (the "TERRITORY") products or services in existence or under development, which are similar to or in competition with those of the Business anywhere in the Territory;
(ii) own, manage, operate, fund, be compensated by, participate in, render advice to, have any right to or interest in any other business directly or indirectly engaged in the production, promotion, sale, lease, license, distribution or servicing of products or services competitive with those of the Business anywhere in the Territory;
(iii) divulge, communicate, use or disclose any nonpublic information concerning the Business or Buyer or any of their affiliates, their personnel, business and affairs;
(iv) interfere with the business relationships or disparage the business good name or reputation of the Employee Business, Buyer, or any of their affiliates or take any action which brings the Business, Buyer or any of their affiliates or its business into public ridicule or disrepute;
(v) solicit or accept any business competitive with the Business from customers or suppliers of the Business, or request, induce or advise customers or suppliers of the Business to withdraw, curtail or cancel their business with the Business or Buyer;
(vi) solicit for employment or employ any present or future employee of the Business, Buyer or any of their affiliates, or request, induce or advise any employee to leave the employ of the Business, Buyer or any of their affiliates; or
(vii) use or disclose the names and/or addresses of any customer, supplier or employee of the Business or Buyer to any accountsperson for any purpose whatsoever. The ownership of less than one (1) percent of a publicly traded corporation shall not in and of itself be deemed to be a violation of this covenant.
(b) If Seller, customers the Stockholders or clients referred the Beneficiary violate the provisions of this Section, Buyer shall not, as a result of the time involved in obtaining relief, be deprived of the benefit of the full period of the restrictive covenant with respect to Seller, the Stockholders or the Beneficiary. Accordingly, the restrictive covenant of this Section as it applies to Seller, the Stockholders and the Beneficiary shall be deemed to have the duration specified in Subsection 7.5(a) hereof, computed from the date the relief is granted, but reduced by the time between the period when the restriction began to run and the date of the first violation of the covenant by Seller, the Stockholders or the Beneficiary.
(c) Seller, the Stockholders and the Beneficiary agree that, if they shall violate any of the provisions of this Section, Buyer shall be entitled to an accounting and repayment of all profits, compensation, commission, remuneration or other benefits that Seller, the Stockholders and the Beneficiary, directly or indirectly, may realize arising from or related to any such violation. These remedies shall be in addition to, and not in limitation of, any injunctive relief or other rights to which Buyer or Seller may be entitled.
(d) The parties agree and acknowledge that the duration, scope and geographic areas applicable to the covenant not to compete described in this Section 7are fair, reasonable and necessary, that adequate compensation has been received by Seller, the Stockholders and the Beneficiary for such obligations. If, however, for any reason any court determines that the restrictions in this Section are not reasonable, that consideration is inadequate or that the Stockholders or the Beneficiary have been prevented from earning a livelihood and therefore the restrictions are unenforceable, such restrictions shall be interpreted, modified or rewritten to include as much of the duration, scope and geographic area identified in this Section as will render such restrictions valid and enforceable.
(e) Seller, the Stockholders and the Beneficiary acknowledge that they have carefully read and considered the terms of this Agreement. Seller, the Stockholders and the Beneficiary hereby waive any requirement of proof that a breach of this Section 7.5 will cause serious or irreparable injury to Buyer, or that there is an adequate remedy at law. In any other personproceeding, either at law or in equity, between the parties hereto, Seller, the Stockholders and the Beneficiary hereby agree that they shall not raise as a defense (i) that the duration, scope or geographical area in which Seller, the Stockholders and the Beneficiary are prohibited from competition is unfair, unnecessary or unreasonable, or (ii) that this Agreement is in restraint of trade. Further, the existence of any claim or cause of action of Seller, the Stockholders and the Beneficiary against Buyer or any of its affiliates, whether or not predicated on the terms of this Agreement, shall not constitute a defense to the enforcement of Seller's, the Stockholders' and the Beneficiary's obligations under this Agreement. In the event of any dispute between the parties, the prevailing party shall be entitled to receive its court costs and reasonable attorneys' fees incurred by the prevailing party in enforcing its rights and remedies hereunder.
Appears in 1 contract
Samples: Purchase and Sale Agreement (Young Innovations Inc)
Covenants Not to Compete or Solicit. 7.1. a) The Employee undertakes that during the term of this Agreement and for 24 months thereafter, he will not, directly or indirectly (whether as sole proprietor, partner, stockholder, director, officer, employee or in any other capacity as principal or agent) compete with, or participate in any business that competes with, the Employer; provided that the Employee may invest in (i) the securities of any business or enterprise (but without otherwise participating in the activities of such business or enterprise) which are listed on a national or regional securities exchange or traded in the over-the- the-counter market, and (ii) equity interests of the Employer, of any member thereof.
7.2. b) The Employee undertakes that during the term of this Agreement and for a period of 24 months thereafter he will not, directly or indirectly (whether as a sole proprietor, partner, stockholder, director, officer, employee, employee or in any other capacity as principal or agent), do any of the following:
7.2.1. Hire: (i) hire, or attempt to hire for employment, any person who is an employee of the Employer on the date of such termination of employment, or attempt to influence any such person to terminate his employment by the Employer; or
7.2.2. In or (ii) in any other manner interfere with, disrupt or attempt to disrupt the relationship, contractual or otherwise, between the Employer and any of its employees, or disparage the business or reputation of the Employer to any such person.
7.2.3. c) The Employee undertakes that during the term of this Agreement and for 24 months thereafter he will not, directly or indirectly (whether as a sole proprietor, partner, stockholder, director, officer, employee or in any other capacity as principal or agent), do any of the following:
7.2.3.1. Solicit: (i) solicit, service or accept any actual or prospective accounts, clients or customers of the Employer during the period of the Employee's employment by the Employer;
7.2.3.2. Influence ; (ii) influence or attempt to influence any of the accounts, customers or clients referred to in Section 7.2.3 Subsection 9(c)(i) to transfer their business or patronage from the Employer to any other person or company engaged in a similar business;
7.2.3.3. Directly ; (iii) directly assist any person or company soliciting, servicing or accepting any of the accounts, customers or clients referred to in Subsection 7.2.39(c)(i); or
7.2.3.4. In or (iv) in any other manner directly interfere with, disrupt or attempt to disrupt the relationship, contractual or otherwise, between the Employer and any of its accounts, customers or clients referred to in Subsection 7.2.49(d)(i), or any other person, or disparage the business or reputation of the Employer to any such person.
7.2.4. The Employer undertakes that during the term of this Agreement and for a period of 24 months thereafter he will not, directly or indirectly, disparage the business or reputation of the Employee to any accounts, customers or clients referred to in this Section 7, or any other person.
Appears in 1 contract
Covenants Not to Compete or Solicit. 7.1. The Employee undertakes (a) Executive agrees that during the term Term of this Agreement and for 24 months one (1) year thereafter, he will not, directly or indirectly (whether as sole proprietor, partner, stockholder, director, officer, employee or in any other capacity as principal or agent) compete with, or participate in any business that competes with, the Employer’s Business, as then conducted, anywhere in the world; provided that the Employee Executive may invest in (i) the securities of any business or enterprise (but without otherwise participating in the activities of such business or enterprise) which are listed on a national or regional securities exchange or traded in the over-the- the-counter market, and (ii) equity interests of the Employer, of any member thereof.
7.2. The Employee (b) Executive undertakes that during the term Term of this Agreement and for a period of 24 months one (1) year thereafter he will not, directly or indirectly (whether as a sole proprietor, partner, stockholder, director, officer, employee, employee or in any other capacity as principal or agent), do any of the following:
7.2.1. Hire: (i) hire, or attempt to hire for employment, any person who is an employee of the Employer on the date of such termination of employment, or attempt to influence any such person to terminate his or her employment by the Employer; or
7.2.2. In or (ii) in any other manner interfere with, disrupt or attempt to disrupt the relationship, contractual or otherwise, between the Employer and any of its employees, or disparage the business or reputation of the Employer to any such person.
7.2.3. The Employee (c) Executive undertakes that during the term Term of this Agreement and for 24 months one (1) year thereafter he will not, directly or indirectly (whether as a sole proprietor, partner, stockholder, director, officer, employee or in any other capacity as principal or agent), do any of the following:
7.2.3.1. Solicit: (i) solicit, service or accept any actual or prospective accounts, clients clients, business partners or customers of the Employer during the period of the Employee's Executive’s employment by the Employer;
7.2.3.2. Influence ; (ii) influence or attempt to influence any of the accounts, customers customers, business partners or clients referred to in Section 7.2.3 Subsection 9(c)(i) to transfer their business business, relationship or patronage from the Employer to any other person or company engaged in a similar business;
7.2.3.3. Directly ; (iii) directly assist any person or company soliciting, servicing or accepting any of the accounts, customers customers, partners or clients referred to in Subsection 7.2.39(c)(i); or
7.2.3.4. In or (iv) in any other manner directly interfere with, disrupt or attempt to disrupt the relationship, contractual or otherwise, between the Employer and any of its accounts, customers customers, business partners or clients referred to in Subsection 7.2.49(c)(i), or any other person, or disparage the business or reputation of the Employer to any such person.
7.2.4. The Employer undertakes that during the term of this Agreement and for a period of 24 months thereafter he (d) Executive will not, directly not make any statement or indirectly, disparage the business or reputation of the Employee remark to any accountsperson or entity that defames or disparages the reputation, customers or clients referred to in this Section 7character, image, products, or services of Employer, or the reputation or character of Employer’s employees, officers or directors. Employer, its employees, officers and directors will not make any other personstatement or remark to any person or entity that defames or disparages the reputation, character, image, products, or services of Executive.
Appears in 1 contract
Samples: Employment Agreement (Omni Bio Pharmaceutical, Inc.)
Covenants Not to Compete or Solicit. 7.1. The Employee undertakes that during the term of this Agreement and for 24 months thereafter, he will not, directly or indirectly (whether as sole proprietor, partner, stockholder, director, officer, employee or in any other capacity as principal or agenta) compete with, or participate in any business that competes with, the Employer; provided that the Employee may invest in (i) the securities of any business or enterprise (but without otherwise participating in the activities of such business or enterprise) which are listed on a national or regional securities exchange or traded in the over-the- counter market, and (ii) equity interests of the Employer, of any member thereof.
7.2. The Employee undertakes that during the term of this Agreement and for For a period of 24 months thereafter he will not, directly or indirectly five (whether as a sole proprietor, partner, stockholder, director, officer, employee, or in any other capacity as principal or agent), do any of the following:
7.2.1. Hire, or attempt to hire for employment, any person who is an employee of the Employer on the date of such termination of employment, or attempt to influence any such person to terminate his employment by the Employer; or
7.2.2. In any other manner interfere with, disrupt or attempt to disrupt the relationship, contractual or otherwise, between the Employer and any of its employees, or disparage the business or reputation of the Employer to any such person.
7.2.3. The Employee undertakes that during the term of this Agreement and for 24 months thereafter he will not, directly or indirectly (whether as a sole proprietor, partner, stockholder, director, officer, employee or in any other capacity as principal or agent), do any of the following:
7.2.3.1. Solicit, service or accept any actual or prospective accounts, clients or customers of the Employer during the period of the Employee's employment by the Employer;
7.2.3.2. Influence or attempt to influence any of the accounts, customers or clients referred to in Section 7.2.3 to transfer their business or patronage 5) years from the Employer to any other person or company engaged in a similar business;
7.2.3.3. Directly assist any person or company solicitingClosing Date, servicing or accepting any each of the accountsSeller, customers or clients referred to in Subsection 7.2.3; or
7.2.3.4. In any other manner directly interfere with, disrupt or attempt to disrupt the relationship, contractual or otherwise, between the Employer PDMI and any of its accounts, customers or clients referred to in Subsection 7.2.4, or any other person, or disparage the business or reputation of the Employer to any such person.
7.2.4. The Employer undertakes that during the term of this Agreement and for a period of 24 months thereafter he will notParent agrees not to, directly or indirectly, by or for themselves or as the employee or agent of another or through others as their agent:
(i) produce, promote, sell, lease, license, distribute, install or service anywhere in North America, South America, Asia, Japan and Europe (the "Territory") products or services in existence or under development, which are similar to or in competition with those of the Business anywhere in the Territory;
(ii) own, manage, operate, fund, be compensated by, participate in, render advice to, have any right to or interest in any other business directly or indirectly engaged in the production, promotion, sale, lease, license, distribution or servicing of products or services competitive with those of the Business anywhere in the Territory;
(iii) divulge, communicate, use or disclose any nonpublic information concerning the Business or Buyer or any of their affiliates, their personnel, business and affairs;
(iv) interfere with the business relationships or disparage the business good name or reputation of the Employee Business, Buyer, or any of their affiliates or take any action which brings the Business, Buyer or any of their affiliates or its business into public ridicule or disrepute;
(v) solicit or accept any business competitive with the Business from customers or suppliers of the Business, or request, induce or advise customers or suppliers of the Business to withdraw, curtail or cancel their business with the Business or Buyer;
(vi) solicit for employment or employ any present or future employee of the Business, Buyer or any of their affiliates, or request, induce or advise any employee to leave the employ of the Business, Buyer or any of their affiliates; or
(vii) use or disclose the names and/or addresses of any customer, supplier or employee of the Business or Buyer to any accountsperson for any purpose whatsoever. The ownership of less than one (1) percent of a publicly traded corporation shall not in and of itself be deemed to be a violation of this covenant. Notwithstanding the foregoing, customers this Section 7.5 shall not apply with respect to the dental handpieces sold by Micro Motors, Inc., a subsidiary of Parent.
(b) If Parent, PDMI or clients referred Seller violates the provisions of this Section, Buyer shall not, as a result of the time involved in obtaining relief, be deprived of the benefit of the full period of the restrictive covenant with respect to Parent, PDMI or Seller. Accordingly, the restrictive covenant of this Section as it applies to Parent, PDMI and Seller shall be deemed to have the duration specified in Subsection 7.5(a) hereof, computed from the date the relief is granted, but reduced by the time between the period when the restriction began to run and the date of the first violation of the covenant by Parent, PDMI or Seller.
(c) Seller, PDMI and Parent agree that, if they shall violate any of the provisions of this Section, Buyer shall be entitled to an accounting and repayment of all profits, compensation, commission, remuneration or other benefits that Seller, PDMI and Parent, directly or indirectly, may realize arising from or related to any such violation. These remedies shall be in addition to, and not in limitation of, any injunctive relief or other rights to which Buyer or Seller may be entitled.
(d) The parties agree and acknowledge that the duration, scope and geographic areas applicable to the covenant not to compete described in this Section 7are fair, reasonable and necessary, that adequate compensation has been received by Seller, PDMI and Parent for such obligations. If, however, for any reason any court determines that the restrictions in this Section are not reasonable or that consideration is inadequate and therefore the restrictions are unenforceable, such restrictions shall be interpreted, modified or rewritten to include as much of the duration, scope and geographic area identified in this Section as will render such restrictions valid and enforceable.
(e) Seller, PDMI and Parent acknowledge that they have carefully read and considered the terms of this Agreement. Seller, PDMI and Parent hereby waive any requirement of proof that a breach of this Section 7.5 will cause serious or irreparable injury to Buyer, or that there is an adequate remedy at law. In any other personproceeding, either at law or in equity, between the parties hereto, Seller, PDMI and Parent hereby agree that they shall not raise as a defense (i) that the duration, scope or geographical area in which Seller, PDMI and Parent is prohibited from competition is unfair, unnecessary or unreasonable, or (ii) that this Agreement is in restraint of trade. Further, the existence of any claim or cause of action of Seller, PDMI and Parent against Buyer and Seller or any of their affiliates, whether or not predicated on the terms of this Agreement, shall not constitute a defense to the enforcement of Seller's and Parent's obligations under this Agreement. Seller, PDMI and Parent shall pay or reimburse Buyer for all costs and expenses, including court costs and reasonable attorneys' fees incurred or paid by Buyer in protecting or enforcing its rights and remedies hereunder.
Appears in 1 contract
Covenants Not to Compete or Solicit. 7.1. (a) The Employee undertakes Executive agrees that during the term Term of this Agreement and for 24 months one (1) year thereafter, he will not, directly or indirectly (whether as sole proprietor, partner, stockholder, director, officer, employee or in any other capacity as principal or agent) compete with, or participate in any business that competes with, the Employer’s Business, as then conducted, anywhere in the world; provided that the Employee Executive may invest in (i) the securities of any business or enterprise (but without otherwise participating in the activities of such business or enterprise) which are listed on a national or regional securities exchange or traded in the over-the- the-counter market, and (ii) equity interests of the Employer, of any member thereof.
7.2. (b) The Employee Executive undertakes that during the term Term of this Agreement and for a period of 24 months one (1) year thereafter he will not, directly or indirectly (whether as a sole proprietor, partner, stockholder, director, officer, employee, employee or in any other capacity as principal or agent), do any of the following:
7.2.1. Hire: (i) hire, or attempt to hire for employment, any person who is an employee of the Employer on the date of such termination of employment, or attempt to influence any such person to terminate his or her employment by the Employer; or
7.2.2. In or (ii) in any other manner interfere with, disrupt or attempt to disrupt the relationship, contractual or otherwise, between the Employer and any of its employees, or disparage the business or reputation of the Employer to any such person.
7.2.3. (c) The Employee Executive undertakes that during the term Term of this Agreement and for 24 months one (1) year thereafter he will not, directly or indirectly (whether as a sole proprietor, partner, stockholder, director, officer, employee or in any other capacity as principal or agent), do any of the following:
7.2.3.1. Solicit: (i) solicit, service or accept any actual or prospective accounts, clients or customers of the Employer during the period of the Employee's Executive’s employment by the Employer;
7.2.3.2. Influence ; (ii) influence or attempt to influence any of the accounts, customers or clients referred to in Section 7.2.3 Subsection 9(c)(i) to transfer their business or patronage from the Employer to any other person or company engaged in a similar business;
7.2.3.3. Directly ; (iii) directly assist any person or company soliciting, servicing or accepting any of the accounts, customers or clients referred to in Subsection 7.2.39(c)(i); or
7.2.3.4. In or (iv) in any other manner directly interfere with, disrupt or attempt to disrupt the relationship, contractual or otherwise, between the Employer and any of its accounts, customers or clients referred to in Subsection 7.2.49(d)(i), or any other person, or disparage the business or reputation of the Employer to any such person.
7.2.4. The Employer undertakes that during the term of this Agreement and for a period of 24 months thereafter he (d) Executive will not, directly not make any statement or indirectly, disparage the business or reputation of the Employee remark to any accountsperson or entity that defames or disparages the reputation, customers or clients referred to in this Section 7character, image, products, or services of Employer, or the reputation or character of Employer’s employees, officers or directors. Employer, its employees, officers and directors will not make any other personstatement or remark to any person or entity that defames or disparages the reputation, character, image, products, or services of Executive.
Appears in 1 contract
Samples: Employment Agreement (Zynex Inc)
Covenants Not to Compete or Solicit. 7.1. The Employee undertakes that during the term of this Agreement and for 24 months thereafter, he will not, directly or indirectly (whether as sole proprietor, partner, stockholder, director, officer, employee or in any other capacity as principal or agenta) compete with, or participate in any business that competes with, the Employer; provided that the Employee may invest in (i) the securities of any business or enterprise (but without otherwise participating in the activities of such business or enterprise) which are listed on a national or regional securities exchange or traded in the over-the- counter market, and (ii) equity interests of the Employer, of any member thereof.
7.2. The Employee undertakes that during the term of this Agreement and for For a period of 24 months thereafter he will not, directly or indirectly five (whether as a sole proprietor, partner, stockholder, director, officer, employee, or in any other capacity as principal or agent), do any of the following:
7.2.1. Hire, or attempt to hire for employment, any person who is an employee of the Employer on the date of such termination of employment, or attempt to influence any such person to terminate his employment by the Employer; or
7.2.2. In any other manner interfere with, disrupt or attempt to disrupt the relationship, contractual or otherwise, between the Employer and any of its employees, or disparage the business or reputation of the Employer to any such person.
7.2.3. The Employee undertakes that during the term of this Agreement and for 24 months thereafter he will not, directly or indirectly (whether as a sole proprietor, partner, stockholder, director, officer, employee or in any other capacity as principal or agent), do any of the following:
7.2.3.1. Solicit, service or accept any actual or prospective accounts, clients or customers of the Employer during the period of the Employee's employment by the Employer;
7.2.3.2. Influence or attempt to influence any of the accounts, customers or clients referred to in Section 7.2.3 to transfer their business or patronage 5) years from the Employer to any other person or company engaged in a similar business;
7.2.3.3. Directly assist any person or company solicitingClosing Date, servicing or accepting any of the accounts, customers or clients referred to in Subsection 7.2.3; or
7.2.3.4. In any other manner directly interfere with, disrupt or attempt to disrupt the relationship, contractual or otherwise, between the Employer and any of its accounts, customers or clients referred to in Subsection 7.2.4, or any other person, or disparage the business or reputation of the Employer to any such person.
7.2.4. The Employer undertakes that during the term of this Agreement and for a period of 24 months thereafter he will notSeller agrees not to, directly or indirectly, by or for themselves or as the employee or agent of another or through others as their agent:
(i) produce, promote, sell, lease, license, distribute, install or service anywhere in the world (the “Territory”) products or services in existence or under development, which are similar to or in competition with those of the Business;
(ii) own, manage, operate, fund, be compensated by, participate in, render advice to, have any right to or interest in any other business directly or indirectly engaged in the production, promotion, sale, lease, license, distribution or servicing of products or services competitive with those of the Business anywhere in the Territory;
(iii) divulge, communicate, use or disclose any nonpublic information concerning the Business or Buyer or any of its affiliates, their personnel, business and affairs;
(iv) interfere with the business relationships or disparage the business good name or reputation of the Employee Business, Buyer, or any of their affiliates or take any action which brings the Business, Buyer or any of its affiliates or its business into public ridicule or disrepute;
(v) solicit or accept any business competitive with the Business from customers or suppliers of the Business;
(vi) request, induce or advise customers or suppliers of the Business to withdraw, curtail or cancel their business with the Business or Buyer;
(vii) solicit for employment or employ any present or future employee of the Business, Buyer or any of their affiliates, or request, induce or advise any employee to leave the employ of the Business, Buyer or any of its affiliates.
(viii) use or disclose the names and/or addresses of any customer, supplier or employee of the Business or Buyer to any accountsperson for any purpose whatsoever. The ownership of less than two (2) percent of a publicly-traded company shall not in and of itself be deemed to be a violation of this Section 6.4.
(b) If Seller violates the provisions of this Section, customers Buyer shall not, as a result of the time involved in obtaining relief, be deprived of the benefit of the full period of the restrictive covenant with respect to Seller. Accordingly, the restrictive covenant of this Section as it applies to Seller shall be deemed to have the duration specified in Section 6.4(a) hereof, computed from the date the relief is granted, but reduced by the time between the period when the restriction began to run and the date of the first violation of the covenant by Seller.
(c) Seller agrees that, if they shall violate any of the provisions of this Section 6.4, Buyer shall be entitled to an accounting and repayment of all profits, compensation, commission, remuneration or clients referred other benefits that Seller, directly or indirectly, may realize arising from or related to any such violation. These remedies shall be in addition to, and not in limitation of, any injunctive relief or other rights to which Buyer may be entitled.
(d) The parties agree and acknowledge that the duration, scope and geographic areas applicable to the covenant not to compete described in this Section 76.4 are fair, reasonable and necessary, that adequate compensation has been received by Seller for such obligations. If, however, for any reason any Governmental Entity determines that the restrictions in this Section are not reasonable and therefore the restrictions are unenforceable, such restrictions shall be interpreted, modified or rewritten to include as much of the duration, scope and geographic area identified in this Section as will render such restrictions valid and enforceable.
(e) Seller acknowledges that Seller has carefully read and considered the terms of this Section 6.4. Seller hereby waives any requirement of proof that a breach of this Section 6.4 will cause serious or irreparable injury to Buyer, or that there is an adequate remedy at Law. In any other personproceeding, either at Law or in equity, between the parties hereto, Seller hereby agrees that Seller shall not raise as a defense (i) that the duration, scope or geographical area in which Seller is prohibited from competition is unfair, unnecessary or unreasonable or (ii) that this Agreement is in restraint of trade. Further, the existence of any claim or cause of action of Seller or any of their Affiliates, whether or not predicated on the terms of this Agreement, shall not constitute a defense to the enforcement of Seller’s obligations under this Section 6.4.
(f) Nothing contained in subparts (i), (ii), (v) or (viii) of Section 6.4(a) shall prohibit or impair in any way the ability of Seller to conduct any activities with respect to (i) veterinary products, SaliCept® products, Manapol®, products containing Manapol® or Aloeceutical products now sold or hereafter developed by Seller or (ii) Seller’s manufacturing, sale or licensing of the Gel Site polymer as a delivery mechanism for FDA approved drugs to wound sites; provided, however, nothing contained in subpart (ii) of this Section 6.4(f) shall authorize Seller to directly manufacture such drugs, or advertise and/or distribute such drugs to end users (patients, doctors or hospitals) of such drugs without Buyer’s prior written consent.
Appears in 1 contract
Covenants Not to Compete or Solicit. 7.1. The Employee undertakes (a) Executive agrees that during the term Term of this Agreement and for 24 months one (1) year thereafter, he will not, directly or indirectly (whether as sole proprietor, partner, stockholder, director, officer, employee or in any other capacity as principal or agent) compete with, or participate in any business that competes with, the Employer’s Business, as then conducted, anywhere in the world; provided that the Employee Executive may invest in (i) the securities of any business or enterprise (but without otherwise participating in the activities of such business or enterprise) which are listed on a national or regional securities exchange or traded in the over-the- the-counter market, and (ii) equity interests of the Employer, of any member thereof.
7.2. The Employee (b) Executive undertakes that during the term Term of this Agreement and for a period of 24 months one (1) year thereafter he will not, directly or indirectly (whether as a sole proprietor, partner, stockholder, director, officer, employee, employee or in any other capacity as principal or agent), do any of the following:
7.2.1. Hire: (i) hire, or attempt to hire for employment, any person who is an employee of the Employer on the date of such termination of employment, or attempt to influence any such person to terminate his or her employment by the Employer; or
7.2.2. In or (ii) in any other manner interfere with, disrupt or attempt to disrupt the relationship, contractual or otherwise, between the Employer and any of its employees, or disparage the business or reputation of the Employer to any such person.
7.2.3. The Employee (c) Executive undertakes that during the term Term of this Agreement and for 24 months one (1) year thereafter he will not, directly or indirectly (whether as a sole proprietor, partner, stockholder, director, officer, employee or in any other capacity as principal or agent), do any of the following:
7.2.3.1. Solicit: (i) solicit, service or accept any actual or prospective accounts, clients clients, business partners or customers of the Employer during the period of the Employee's Executive’s employment by the Employer;
7.2.3.2. Influence ; (ii) influence or attempt to influence any of the accounts, customers customers, business partners or clients referred to in Section 7.2.3 Subsection 8(c)(i) to transfer their business business, relationship or patronage from the Employer to any other person or company engaged in a similar business;
7.2.3.3. Directly ; (iii) directly assist any person or company soliciting, servicing or accepting any of the accounts, customers customers, partners or clients referred to in Subsection 7.2.38(c)(i); or
7.2.3.4. In or (iv) in any other manner directly interfere with, disrupt or attempt to disrupt the relationship, contractual or otherwise, between the Employer and any of its accounts, customers customers, business partners or clients referred to in Subsection 7.2.48(c)(i), or any other person, or disparage the business or reputation of the Employer to any such person.
7.2.4. The Employer undertakes that during the term of this Agreement and for a period of 24 months thereafter he (d) Executive will not, directly not make any statement or indirectly, disparage the business or reputation of the Employee remark to any accountsperson or entity that defames or disparages the reputation, customers or clients referred to in this Section 7character, image, products, or services of Employer, or the reputation or character of Employer’s employees, officers or directors. Employer, its employees, officers and directors will not make any other personstatement or remark to any person or entity that defames or disparages the reputation, character, image, products, or services of Executive.
Appears in 1 contract
Samples: Employment Agreement (Omni Bio Pharmaceutical, Inc.)
Covenants Not to Compete or Solicit. 7.1. (a) The Employee undertakes that during the term of this Agreement and for 24 months thereafter, he will not, directly or indirectly (whether as sole proprietor, partner, stockholder, director, officer, employee or in any other capacity as principal or agent) compete with, or participate in any business that competes with, the Employer; provided that the Employee may invest in (i) the securities of any business or enterprise (but without otherwise participating in the activities of such business or enterprise) which are listed on a national or regional securities exchange or traded in the over-the- the-counter market, and (ii) equity interests of the Employer, of any member thereof.
7.2. (b) The Employee undertakes that during the term of this Agreement and for a period of 24 months thereafter he will not, directly or indirectly (whether as a sole proprietor, partner, stockholder, director, officer, employee, employee or in any other capacity as principal or agent), do any of the following:
7.2.1. Hire(i) hire, or attempt to hire for employment, any person who is an employee of the Employer on the date of such termination of employment, or attempt to influence any such person to terminate his employment by the Employer; or
7.2.2. In (ii) in any other manner interfere with, disrupt or attempt to disrupt the relationship, contractual or otherwise, between the Employer and any of its employees, or disparage the business or reputation of the Employer to any such person.
7.2.3. (c) The Employee undertakes that during the term of this Agreement and for 24 months thereafter he will not, directly or indirectly (whether as a sole proprietor, partner, stockholder, director, officer, employee or in any other capacity as principal or agent), do any of the following:
7.2.3.1. Solicit(i) solicit, service or accept any actual or prospective accounts, clients or customers of the Employer during the period of the Employee's employment by the Employer;
7.2.3.2. Influence (ii) influence or attempt to influence any of the accounts, customers or clients referred to in Section 7.2.3 Subsection 9(c)(i) to transfer their business or patronage from the Employer to any other person or company engaged in a similar business;
7.2.3.3. Directly (iii) directly assist any person or company soliciting, servicing or accepting any of the accounts, customers or clients referred to in Subsection 7.2.39(c)(i); or
7.2.3.4. In (iv) in any other manner directly interfere with, disrupt or attempt to disrupt the relationship, contractual or otherwise, between the Employer and any of its accounts, customers or clients referred to in Subsection 7.2.49(d)(i), or any other person, or disparage the business or reputation of the Employer to any such person.
7.2.4. (d) The Employer undertakes that during the term of this Agreement and for a period of 24 60 months thereafter he will not, directly or indirectly, disparage the business or reputation of the Employee to any accounts, customers or clients referred to in this Section 7Subsection 9(c)(i), or any other person.
Appears in 1 contract
Covenants Not to Compete or Solicit. 7.1. The Employee undertakes that during the term of this Agreement and for 24 months thereafter, he will not, directly or indirectly (whether as sole proprietor, partner, stockholder, director, officer, employee or in any other capacity as principal or agent) compete with, or participate in any business that competes with, the Employer; provided that the Employee may invest in (i) the securities of any business or enterprise (but without otherwise participating in the activities of such business or enterprise) which are listed on a national or regional securities exchange or traded in the over-the- counter market, and (ii) equity interests of the Employer, of any member thereof.
7.2. The Employee undertakes that during the term of this Agreement During Xxxxxx’x employment and for a period of 24 twelve (12) months thereafter he will following the termination of Xxxxxx’x employment for any reason, so long as Xxxxxx is being paid severance in accordance with the terms of Section 6(b) above, Xxxxxx shall not, anywhere in the Geographic Area (as defined below), other than on behalf of the Company or with the prior written consent of the Company, directly or indirectly indirectly:
(a) perform services for (whether as a sole an employee, agent, consultant, advisor, independent contractor, proprietor, partner, stockholder, director, officer, employeedirector or otherwise), have any ownership interest in (except for passive ownership of one percent (1%) or less of any entity whose securities have been registered under the Securities Act or Section 12 of the Securities Exchange Act of 1934, as amended), or participate in the financing, operation, management or control of, any firm, partnership, corporation, entity or business that engages or participates in a “competing business purpose” (as defined below);
(b) induce or attempt to induce any customer, potential customer, supplier, licensee, licensor or business relation of the Company to cease doing business with the Company, or in any other capacity as principal way interfere with the relationship between any customer, potential customer, supplier, licensee, licensor or agent), do any business relation of the following:Company or solicit the business of any customer or potential customer of the Company, whether or not Xxxxxx had personal contact with such entity; and
7.2.1. Hire(c) solicit, encourage, hire or take any other action which is intended to induce or encourage, or attempt to hire for employmenthas the effect of inducing or encouraging, any person who is an employee or independent contractor of the Employer Company or any subsidiary of the Company to terminate his employment or relationship with the Company or any subsidiary of the Company, other than in the discharge of his duties as an officer of the Company. In the event that Xxxxxx receives a waiver of the “non-competition” provision from the Company, which the Company may or may not grant in its sole discretion, Xxxxxx agrees that he will waive any further claim for severance and insurance benefits beginning on the date of such termination of employment, or attempt to influence any such person to terminate his employment by with a new organization, provided that such new employment is comparable to Xxxxxx’x employment with the Employer; or
7.2.2. In any other manner interfere with, disrupt or attempt to disrupt the relationship, contractual or otherwise, between the Employer Company in terms of salary and any of its employees, or disparage the business or reputation of the Employer to any such personbenefits.
7.2.3. The Employee undertakes that during the term of this Agreement and for 24 months thereafter he will not, directly or indirectly (whether as a sole proprietor, partner, stockholder, director, officer, employee or in any other capacity as principal or agent), do any of the following:
7.2.3.1. Solicit, service or accept any actual or prospective accounts, clients or customers of the Employer during the period of the Employee's employment by the Employer;
7.2.3.2. Influence or attempt to influence any of the accounts, customers or clients referred to in Section 7.2.3 to transfer their business or patronage from the Employer to any other person or company engaged in a similar business;
7.2.3.3. Directly assist any person or company soliciting, servicing or accepting any of the accounts, customers or clients referred to in Subsection 7.2.3; or
7.2.3.4. In any other manner directly interfere with, disrupt or attempt to disrupt the relationship, contractual or otherwise, between the Employer and any of its accounts, customers or clients referred to in Subsection 7.2.4, or any other person, or disparage the business or reputation of the Employer to any such person.
7.2.4. The Employer undertakes that during the term of this Agreement and for a period of 24 months thereafter he will not, directly or indirectly, disparage the business or reputation of the Employee to any accounts, customers or clients referred to in this Section 7, or any other person.
Appears in 1 contract
Covenants Not to Compete or Solicit. 7.1. The Employee undertakes that during the term of this Agreement and for 24 months thereafter, he will not, directly or indirectly (whether as sole proprietor, partner, stockholder, director, officer, employee or in any other capacity as principal or agent) compete with, or participate in any business that competes with, the Employer; provided that the Employee may invest in (i) the securities of any business or enterprise (but without otherwise participating in the activities of such business or enterprise) which are listed on a national or regional securities exchange or traded in the over-the- the-counter market, and (ii) equity interests of the Employer, of any member thereof.
7.2. The Employee undertakes that during the term of this Agreement and for a period of 24 36 months thereafter he will not, directly or indirectly (whether as a sole proprietor, partner, stockholder, director, officer, employee, employee or in any other capacity as principal or agent), do any of the following:
7.2.1. Hire, or attempt to hire for employment, any person who is an employee of the Employer on the date of such termination of employment, or attempt to influence any such person to terminate his employment by the Employer; or
7.2.2. In any other manner interfere with, disrupt or attempt to disrupt the relationship, contractual or otherwise, between the Employer and any of its employees, or disparage the business or reputation of the Employer to any such person.
7.2.3. The Employee undertakes that during the term of this Agreement and for 24 months thereafter he will not, directly or indirectly (whether as a sole proprietor, partner, stockholder, director, officer, employee or in any other capacity as principal or agent), do any of the following:
7.2.3.1. Solicit, service or accept any actual or prospective accounts, clients or customers of the Employer during the period of the Employee's employment by the Employer;
7.2.3.2. Influence or attempt to influence any of the accounts, customers or clients referred to in Section 7.2.3 to transfer their business or patronage from the Employer to any other person or company engaged in a similar business;
7.2.3.3. Directly assist any person or company soliciting, servicing or accepting any of the accounts, customers or clients referred to in Subsection 7.2.3; or
7.2.3.4. In any other manner directly interfere with, disrupt or attempt to disrupt the relationship, contractual or otherwise, between the Employer and any of its accounts, customers or clients referred to in Subsection 7.2.4, or any other person, or disparage the business or reputation of the Employer to any such person.
7.2.4. The Employer undertakes that during the term of this Agreement and for a period of 24 60 months thereafter he will not, directly or indirectly, disparage the business or reputation of the Employee to any accounts, customers or clients referred to in this Section 7, or any other person.
Appears in 1 contract
