Common use of Exclusivity of Services and Restrictions Clause in Contracts

Exclusivity of Services and Restrictions. During the Employment Period and the two-year period thereafter (the "Post-Employment Period"), Executive shall not, directly or indirectly, (a) be or become interested in or associated with (as an officer, director, stockholder, partner, consultant, owner, employee, agent, creditor or otherwise) any business that is then, or which then proposes to become, a competitor of the Company, provided, that the foregoing shall not restrict Executive from the ownership, solely as an investment, of securities of any business if such ownership is not as controlling person of such business, not as a member of a group that controls such business, and not as a direct or indirect beneficial owner of 5% or more of any class of securities of such business, (b) induce or seek to influence any employee of (or consultant to) the Company to leave its employ (or terminate such consultancy), (c) aid a competitor or supplier of the Company in any attempt to hire a person who shall have been employed by, or who was a consultant to, the Company within the one-year period preceding the date of any such aid, or (d) induce or attempt to influence any person who was a supplier or customer to the Company during such period to transact business with a competitor of the Company; provided, however, that, unless the Employment Period has been terminated by Employer for cause pursuant to Section 5.2, the provisions of this Section 8.1 shall continue in effect during the Post-Employment Period only so long as Employer continues to pay Executive all amounts to which Executive is entitled pursuant to Section 6 of this Agreement.

Exclusivity of Services and Restrictions. During the Employment Period and the twothree-year period thereafter (the "Post-Employment Period"), Executive shall not, directly or indirectly, (a) be or become interested in or associated with (as an officer, director, stockholder, partner, consultant, owner, employee, agent, creditor or otherwise) any business that is then, or which then proposes to become, a competitor of the Company, provided, that the foregoing shall not restrict Executive from the ownership, solely as an investment, of securities of any business if such ownership is not as controlling person of such business, not as a member of a group that controls such business, and not as a direct or indirect beneficial owner of 5% or more of any class of securities of such business, (b) induce or seek to influence any employee of (or consultant to) the Company to leave its employ (or terminate such consultancy), (c) aid a competitor or supplier of the Company in any attempt to hire a person who shall have been employed by, or who was a consultant to, the Company within the one-year period preceding the date of any such aid, or (d) induce or attempt to influence any person who was a supplier or customer to the Company during such period to transact business with a competitor of the Company; provided, however, that, unless the Employment Period has been terminated by Employer for cause pursuant to Section 5.2, the provisions of this Section 8.1 shall continue in effect during the Post-Employment Period only so long as Employer continues to pay Executive all amounts to which Executive is entitled pursuant to Section 6 6.1 and all other Base Salary that he would have been entitled to receive pursuant to this Agreement (and at such times as such Base Salary would have been payable) if the Employment Period had continued through the end of this Agreementthe Post-Employment Period.