Employee therefore acknowledges and agrees that, in the event of any violation or threatened violation hereof, Employer shall be authorized and entitled to seek and receive, from any court of competent jurisdiction:
Employee therefore agrees that during the course of Employee’s employment with Employer and for twelve (12) months after termination of Employee’s employment with Employer (for any reason or no reason) (collectively, “Restricted Period”), Employee shall not anywhere within the United States of America or any other country in which Employer then conducts or actively proposes to conduct business, either directly or indirectly, as an owner, stockholder, member, partner, joint venturer, officer, director, consultant, independent contractor, agent or executive, engage in or perform any services in a capacity that is similar to one or more of the job functions Employee performed for Employer, for or on behalf of, any business or other enterprise which is engaged in or is seeking to engage in a Competitive Business. As used in this Agreement, “Competitive Business” shall mean any business providing products or services that are substantially similar to those products and services developed, marketed, or otherwise provided by, or actively planned to be developed, marketed, or otherwise provided by, Employer. Employee agrees to immediately notify Employer, in writing, of any offer of employment or other engagement, in any capacity, by another company, person, or other entity (of any kind) that is or may be engaged in a Competitive Business, prior to accepting any such offer. Provided Employee complies with the notification requirement set forth herein, Employer may, in its sole discretion, elect to limit or, in whole or in part, to waive the non-competition covenant set forth herein, as and to the extent Employer may deem appropriate. For avoidance of doubt, nothing herein should be construed to guarantee, or create any expectation of, limitation or waiver of the non-competition covenant. (B) Employee further agrees that, during the Restricted Period, Employee shall not, directly or indirectly, either on Employee’s own behalf or on behalf of any other individual or commercial enterprise: (i) contact, communicate, solicit or transact any business with or assist any third party in contacting, communicating, soliciting or transacting any business with (A) any of the Customers or Clients of Employer, (B) any Prospective Customers or Clients of Employer, or (C) any individual or entity who or which was within the most recent twelve (12) month period a Customer or Client of Employer, for the purpose of inducing such Customer or Client or Prospective Customer or Client to be connected to or...
