Covenants of Employee. In consideration of the acknowledgments by Employee and the Compensation and the Benefits to be paid or provided to Employee by Employer, and in recognition of the confidential information that Employee will obtain related to Employer's business (including its customers and employees), Employee covenants that he will not, directly or indirectly: (a) during the Employment Period, except in the course of the Employment hereunder, engage or invest in, own, manage, operate, finance, control, or participate in the ownership, management, operation, financing, or control of, be employed by, associated with, or in any manner connected with, lend Employee's name or any similar name to, lend Employee's credit to or render services or advice to, any business whose products or activities compete in whole or in part with the products or activities of Employer; PROVIDED, HOWEVER, that Employee may purchase or otherwise acquire up to (but not more than) one percent (1%) of any class of securities of any enterprise (but without otherwise participating in the activities of such enterprise) if such securities are listed on any national or regional securities exchange or have been registered under Section 12(g) of the Securities Exchange Act of 1934, as amended; (b) whether for Employee's own account or for the account of any other Person, at any time during the Employment Period and the Post-Employment Period, solicit business of the same or similar type being carried on by Employer, from any Person known by Employee to be a customer of Employer and with whom Employee had personal contact during and by reason of the Employment with Employer; (c) whether for Employee's own account or the account of any other Person (i) at any time during the Employment Period and the Post-Employment Period, solicit, employ, or otherwise engage as an employee, independent contractor, or otherwise, any Person who is or was an employee of Employer at any time during the Employment Period or in any manner induce or attempt to induce any employee of Employer to terminate his employment with Employer; or (ii) at any time during the Employment Period and the Post-Employment Period, interfere with Employer's relationship with any Person, including any Person who at any time during the Employment Period was an employee, contractor, supplier, or customer of Employer; or (d) at any time during or after the Employment Period, disparage Employer or any of its shareholders, directors, officers, employees or agents.
Appears in 2 contracts
Samples: Consulting Agreement (Daou Systems Inc), Employment Agreement (Daou Systems Inc)
Covenants of Employee. In consideration of the acknowledgments by Employee Employee, and in consideration of the Compensation compensation and the Benefits benefits to be paid or provided to Employee by Employer, and in recognition of the confidential information that Employee will obtain related to Employer's business (including its customers and employees), Employee covenants that he will not, directly or indirectly:
(a) during the Employment Period, except in the course of the Employment his employment hereunder, engage or invest in, own, manage, operate, finance, control, or participate in the ownership, management, operation, financing, or control of, be employed by, associated with, or in any manner connected with, lend Employee's ’s name or any similar name to, lend Employee's ’s credit to or render services or advice to, any business whose products or activities compete in whole or in part with the products or activities of Employerthe Employer Group anywhere; PROVIDEDprovided, HOWEVERhowever, that Employee may purchase or otherwise acquire up to (but not more than) one percent (1%) of any class of securities of any enterprise (but without otherwise participating in the activities of such enterprise) if such securities are listed on any national or regional securities exchange or have been registered under Section 12(g) of the Securities Exchange Act of 1934, as amended;
(b) whether for Employee's ’s own account or for the account of any other Personperson, at any time during the Employment Period and the Post-Employment Limitation Period, solicit business of the same or similar type being carried on by Employerthe Employer Group, from any Person person known by Employee to be a customer of the Employer and with whom Group, whether or not Employee had personal contact with such person during and by reason of Employee’s employment with the Employment with EmployerEmployer Group;
(c) whether for Employee's ’s own account or the account of any other Person person (i) at any time during the Employment Period and the Post-Employment Limitation Period, solicit, employ, or otherwise engage as an employee, independent contractor, employee or otherwiseagent, any Person person who is or was an employee or agent of the Employer Group at any time during the Employment Period or in any manner induce or attempt to induce any employee or agent of the Employer Group to terminate his employment or agency with Employerthe Employer Group; or (ii) at any time during the Employment Period and the Post-Employment Limitation Period, interfere with Employer's the Employer Group’s relationship with any Personperson, including any Person person who at any time during the Employment Period was an employee, contractor, supplier, employee or customer agent of Employerthe Employer Group; or
(d) at any time during or after disparage the Employment Period, disparage Employer Group or any of its shareholders, directors, officers, employees employees, or agents.
Appears in 2 contracts
Samples: Executive Employment Agreement (Citizens Financial Corp /Ky/), Executive Employment Agreement (Citizens Financial Corp /Ky/)
Covenants of Employee. In consideration of the acknowledgments by Employee compensation and the Compensation and the Benefits benefits to be paid or provided to Employee by Employer, and in recognition of the confidential information that Employee will obtain related to Employer's business (including its customers and employees), Employee covenants that he will not, directly or indirectly:
(a) during the Employment Period, except in the course of his employment hereunder, and during the Post-Employment hereunderPeriod, engage or invest in, own, manage, operate, finance, control, or participate in the ownership, management, operation, financing, or control of, be employed by, associated with, or in any manner connected with, lend Employee's name or any similar name to, lend Employee's credit to or render services or advice to, any business whose products or activities compete in whole or in part with the products or activities of Employer:
(i) anywhere within the United States
(ii) anywhere within 50 miles of any physical location owned, leased or operated by Employer; PROVIDEDprovided, HOWEVERhowever, that (A) Employee may purchase or otherwise acquire up to (but not more than) one 4.99 percent (1%) of any class of securities of any enterprise (but without otherwise participating in the activities of such enterprise) if such securities are listed on any national or regional securities exchange or have been registered under Section 12(g) of the Securities Exchange Act of 1934, as amendedand (B) this provision shall not require Employee to sell, transfer, assign or otherwise divest any interest owned by him prior to the date of this Agreement;
(b) whether for Employee's own account or pr for the account of any other Person, at any time during the Employment Period and the Post-Employment Period, solicit business of the same or similar type being carried on by Employer, from any Person known by Employee to be a customer of Employer and with whom Employer, whether or not Employee had personal contact with such person during and by reason of the Employment Employee's employment with Employer;
(c) whether for Employee's own account or the account of any other Person (i) at any time during the Employment Period and the Post-Employment Period, solicit, employ, or otherwise engage as an employee, independent contractor, or otherwise, any Person who is or was an employee of Employer at any time during the Employment Period or in any manner mariner induce or attempt to induce any employee of Employer to terminate his employment with Employer; or (ii) at any time during the Employment Period and during the Post-Employment Period, interfere with Employer's relationship with any Person, including any Person who at any time during the Employment Period was an employee, contractor, supplier, or customer of Employer; or
(d) at any time during or after the Employment Period and during the Post-Employment Period, disparage Employer or any of its shareholders, directors, officers, employees employees, or agents.
Appears in 2 contracts
Samples: Employment Agreement (Sonus Communication Holdings Inc), Employment Agreement (Sonus Communication Holdings Inc)
Covenants of Employee. In consideration of the acknowledgments by Employee Employee, and in consideration of the Compensation compensation and the Benefits benefits to be paid or provided to Employee by Employer, and in recognition of the confidential information that Employee will obtain related to Employer's business (including its customers and employees), Employee covenants that he will not, directly or indirectly:
(a) during the Employment Period, except in the course of the Employment his employment hereunder, engage or invest in, own, manage, operate, finance, control, or participate in the ownership, management, operation, financing, or control of, be employed by, associated with, or in any manner connected with, lend Employee's name or any similar name to, lend Employee's credit to or render services or advice to, any business whose products or activities compete in whole or in part with the products or activities of Employerthe Employer Group anywhere; PROVIDEDprovided, HOWEVERhowever, that Employee may purchase or otherwise acquire up to (but not more than) one percent (1%) of any class of securities of any enterprise (but without otherwise participating in the activities of such enterprise) if such securities are listed on any national or regional securities exchange or have been registered under Section 12(g) of the Securities Exchange Act of 1934, as amended;
(b) whether for Employee's own account or for the account of any other Personperson, at any time during the Employment Period and the Post-Employment Period, solicit business of the same or similar type being carried on by Employerthe Employer Group, from any Person person known by Employee to be a customer of the Employer and with whom Group, whether or not Employee had personal contact with such person during and by reason of Employee's employment with the Employment with EmployerEmployer Group;
(c) whether for Employee's own account or the account of any other Person person (i) at i)`at any time during the Employment Period and the Post-Employment Period, solicit, employ, or otherwise engage as an employee, independent contractor, or otherwise, any Person person who is or was an employee of the Employer Group at any time during the Employment Period or in any manner induce or attempt to induce any employee of the Employer Group to terminate his employment with Employerthe Employer Group; or (ii) at ii)~at any time during the Employment Period and the Post-Employment Period, interfere with Employerthe Employer Group's relationship with any Personperson, including any Person person who at any time during the Employment Period was an employee, contractor, supplier, or customer of Employerthe Employer Group; or
(d) at any time during or after the Employment Period and the Post-Employment Period, disparage the Employer Group or any of its shareholders, directors, officers, employees employees, or agents.
Appears in 1 contract
Samples: Employment Agreement (Citizens Financial Corp /Ky/)