Common use of Customer Protection Clause in Contracts

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.