Customer Protection. During the Executive's employment with the Company and for a period of two (2) years following the termination of the Executive's employment for any reason, the Executive covenants and agrees that he will not solicit or attempt to solicit any business from the Company's customers, including actively sought prospective customers, with whom the Executive had Material Contact during his employment, for the purpose of providing products or services competitive with those provided by the Company. Material Contacts exist between the Executive and each customer or prospective customers with whom the Company were coordinated or supervised by the Executive, or about whom the Executive obtained trade secrets or confidential information as a result of the Executive's association with the Company.
Customer Protection. Provider agrees that in no event, including but not limited to, non-payment by Company, MA Organization or an intermediary, insolvency of Company, MA Organization or an intermediary, or breach by Company of the Agreement, shall Provider bill, charge, collect a deposit from, seek compensation, remuneration or reimbursement from, or have any recourse against any MA Customer or person (other than MA Organization or an intermediary) acting on behalf of the MA Customer for Covered Services provided pursuant to the Agreement or for any other fees that are the legal obligation of MA Organization under the CMS Contract. This provision does not prohibit Provider from collecting from MA Customers allowable Cost Sharing. For the purpose of this provision, an “intermediary” is a person or entity authorized to negotiate and execute the Agreement on behalf of Provider or on behalf of a network through which Provider elects to participate. In the event of MA Organization’s, Company’s, or an intermediary’s insolvency or other cessation of operations or termination of MA Organization’s contract with CMS, Provider shall continue to provide Covered Services to an MA Customer through the later of the period for which premium has been paid to MA Organization on behalf of the MA Customer, or, in the case of an MA Customer who is hospitalized as of such period or date, the MA Customer’s discharge. This provision shall be construed in favor of the MA Customer, shall survive the termination of the Agreement regardless of the reason for termination, including Company or MA Organization’s insolvency, and shall supersede any contrary agreement, oral or written, between Provider and an MA Customer or the representative of an MA Customer if the contrary agreement is inconsistent with this provision.
Customer Protection. Executive acknowledges the substantial amount of time, money, and effort that the Corporation, the Bank and Affiliates have invested and will continue to invest in providing services and products to and to developing relationships with Customers. Executive further acknowledges that by virtue of Executive’s employment Executive has developed or will develop connections to Customers and/or will have access to Confidential Information about many, if not all Customers. Accordingly, during the Restricted Period, Executive shall not unfairly compete with the Corporation (which for purposes of this Section 15, the term “Corporation” shall be deemed hereafter to refer collectively and/or individually to the Corporation, the Bank, and all Affiliates) by disrupting, interfering, or attempting to disrupt or interfere with the business relationships that the Corporation has with its Customers. In particular, if during Executive’s last eighteen (18) months of employment with the Corporation, Executive had any of the following: (i) Material Contact with the Customer, (ii) received or reviewed Confidential Information about the Customer, or (iii) participated in developing or approving a proposal to offer a new service or product or a plan to solidify or expand the relationship with the Customer, then Executive shall refrain from engaging in any of the following activities, :
(a) Disrupting, interfering, or attempting to disrupt or interfere with the Corporation’s business relationship with a Customer (as limited above) by directly or indirectly, requesting, suggesting, encouraging, or advising that Customer withdraw, curtail, limit, cancel, terminate, or not renew all or any portion of the Customer’s business with the Corporation.
(b) Soliciting the business of a Customer (as limited above) by communicating with that Customer (regardless of who initiates the communication and in what form it occurs) when as part of the communication Executive discusses or offers a Competitive Service or Product.
(c) Providing or assisting another Person to provide a Competitive Service or Product to a Customer (as limited above).
(d) Each of the above restrictions apply whether Executive acts alone, or as an officer, director, stockholder, partner, member, investor, employee, consultant, or agent for or on behalf of any other Person.
Customer Protection a. AMEX Customer Protection: ASF acknowledges that unnecessary risk would be caused to AMEX if ASF solicited AMEX Customers outside this Agreement or otherwise intentionally diluted AMEX's ability to provide AMEX Leads to ASF. ASF's agreement, as detailed in this Section, to protect AMEX from this risk is a prime consideration of AMEX for entering into and continuing this Agreement. ASF will not knowingly market any products or services to AMEX Customers other than under the terms of this Agreement. ASF covenants: ***
b. ASF Customer Protection: AMEX acknowledges that unnecessary risk would be caused to ASF if AMEX solicited ASF Clients outside this Agreement. AMEX understands that *** Confidential Treatment Requested; Omitted portions filed with the Commission 8 to protect ASF from this risk is a prime consideration of ASF for entering into and continuing this Agreement. AMEX will not knowingly market another PEO's products or services to ASF Customers other than under the terms of this Agreement. AMEX covenants: ***
Customer Protection. Ancillary Provider agrees that in no event, including but not limited to, non-payment by United or an intermediary, insolvency of United or an intermediary, or breach by United of the Agreement, shall Ancillary Provider xxxx, charge, collect a deposit from, seek compensation, remuneration or reimbursement from, or have any recourse against any Customer or person (other than United or an intermediary) acting on behalf of the Customer for Covered Services provided pursuant to the Agreement. This provision does not prohibit Ancillary Provider from collecting copayments, coinsurance, or fees for services not covered under the Customer’s Benefit Plan and delivered on a fee-for-service basis to the Customer. This provision does not prohibit Ancillary Provider and a Customer from agreeing to continue services solely at the expense of the Customer, as long as Ancillary Provider has clearly informed the Customer that the Benefit Plan may not cover or continue to cover a specific service or services. In the event of United’s or an intermediary’s insolvency or other cessation of operations or termination of United’s contract with CMS, Ancillary Provider shall continue to provide Covered Services to a Customer through the later of the period for which premium has been paid to United on behalf of the Customer, or, in the case of Customers who are hospitalized as of such period or date, until the Customer’s discharge. Covered Services for a Customer confined in an inpatient facility on the date of insolvency or other cessation of operations shall continue until the Customer’s continued confinement in an inpatient facility is no longer medically necessary. This provision shall be construed in favor of the Customer, shall survive the termination of the Agreement regardless of the reason for termination, including United’s insolvency, and shall supersede any oral or * Confidential Treatment Requested by Celera Corporation* written contrary agreement between Ancillary Provider and a Customer or the representative of a Customer if the contrary agreement is inconsistent with this provision. For the purpose of this provision, an “intermediary” is a person or entity authorized to negotiate and execute the Agreement on behalf of Ancillary Provider or on behalf of a network through which Ancillary Provider elects to participate.
Customer Protection. In no event, including, but not limited to, non-payment by Payer or an intermediary for Covered Services rendered to Customers by Provider, insolvency of Payer or an intermediary, or breach of any term or condition of this Agreement, shall Provider bill, charge, collect a deposit from, seek compensation, remuneration or reimbursement from, or have any recourse against any Customer or persons acting on behalf of the Customer, other than United or an intermediary, for Covered Services eligible for reimbursement under this Agreement; provided, however, that Provider may collect from the Customer any copayment, deductibles or coinsurance for which the Customer is responsible under the Benefit Plan, or charges for services not covered under the Customer’s Benefit Plan. This Appendix does not prohibit Provider from agreeing to continue the provision of non-covered health care services solely at the Customer’s expense, as long as Provider has clearly informed the Customer that United may not cover or continue to cover a specific health care service or health care services. The foregoing sentence does not apply to Provider if Provider is employed full-time on United's staff and has agreed to provide health care services exclusively to United's Customers and no others. Except as provided herein, this provision does not prohibit Provider from pursing any available legal remedy. The provisions of this section shall: (a) apply to all Covered Services rendered while this Agreement is in force; (b) with respect to Covered Services rendered while this Agreement is in force, survive the termination of this Agreement regardless of the cause of termination; (c) be construed to be for the benefit of the Customers; and (d) supersede any oral or written agreement, existing or subsequently entered into,
Customer Protection. Subcontractor agrees, and shall require Participating Providers to agree, that in no event, including but not limited to, non-payment by Subcontractor, MA Organization or an intermediary, insolvency of Subcontractor, MA Organization or an intermediary, or breach of the Agreement, shall Subcontractor or Participating Providers bill, charge, collect a deposit from, seek compensation, remuneration or reimbursement from, or have any recourse against any MA Customer or person (other than MA Organization or an intermediary) acting on behalf of the MA Customer for Covered Services provided pursuant to the Agreement, or for any other fees that are the legal obligation of MA Organization under the CMS Contract. This provision does not prohibit a Participating Provider from collecting from MA Customers allowable Cost Sharing. This provision also does not prohibit a Participating Provider and an MA Customer from agreeing to the provision of services solely at the expense of the MA Customer, as long as the Participating Provider has clearly informed the MA Customer, in accordance with applicable law, that the MA Customer’s Benefit Plan may not cover or continue to cover a specific service or services. In the event of MA Organization’s or an intermediary’s insolvency or other cessation of operations or termination of MA Organization’s contract with CMS, Subcontractor shall require Participating Providers to continue to provide Covered Services to an MA Customer through the later of the period for which premium has been paid to MA Organization on behalf of the MA Customer, or, in the case of MA Customers who are hospitalized as of such period or date, the MA Customer’s discharge. This provision shall be construed in favor of the MA Customer, shall survive the termination of the Agreement regardless of the reason for termination, including MA Organization’s insolvency, and shall supersede any contrary agreement, oral or written, between Subcontractor or Participating Providers and an MA Customer or the representative of an MA Customer if the contrary agreement is inconsistent with this provision. For the purpose of this provision, an “intermediary” is a person or entity authorized to negotiate and execute the Agreement on behalf of Participating Providers or on behalf of a network through which Participating Providers elect to participate.
Customer Protection. The Recipient undertakes not to use names of customers or potential customers or any other data of customers and potential customers of the Notifying Party for its own business purposes without the consent of the Notifying Party, nor to provide such data to third parties, nor to enter into business contacts with customers and potential customers itself or through third parties, nor to make offers to such customers and potential customers, nor to solicit such customers or potential customers, nor to participate in solicitation attempts by third parties.
Customer Protection. The Parties agree not to xxx or threaten to xxx any Customer of the other for (i) Infringement of any of their Patents by any of the other’s Products sold or shipped to a Customer during either Covenants Not To Xxx Periods or a Cure Period or (ii) use of such Products, and, in each case, to waive any damages or other remedies that would otherwise accrue during such periods on account of such claims. Such covenant shall apply both during all applicable Covenants Not To Xxx Periods and thereafter.
Customer Protection. (1) Regarding any customer of ours with whom we have an actual business relationship or with whom we had one in the preceding 12 months the Supplier agrees to refrain during the whole contract period and an additional twelve-month period from any kind of direct or indirect offering and/or rendering such services as are either part of our customer relation or of our general field of business and which we could perform by ourselves or third parties.
(2) The Supplier undertakes to pay a reasonable penalty for every case of culpable breach of the customer protection agreement. The amount shall be determined at the discretion of Xxxxxx, with due consideration for the scope and severity of the breach. In the event of a dispute, the Supplier is entitled to have the reasonableness of the amount verified by the competent national courts. Each breach counts separately, the plea of a continuation link (“Fortsetzungszusammenhang”) between breaches is excluded. In the event of permanent breaches every commenced week of breach shall be deemed a separate breach.
(3) Claims for damage compensation remain unaffected, but penalty payments count against claims for damage compensation.
