Following Termination of Employment Period. Within the twelve (12) month period immediately following the end of the Employment Period, regardless of the reason therefore, the Executive shall not, without the prior written consent of the Company, which consent may be withheld at the sole and reasonable discretion of the Company, engage in any of the following: (i) contact or solicit any Customer of the Company or any of its Affiliates or subsidiaries for the purposes of selling to those Customers any product or services which are the same as, or substantially similar to, or competitive with, products or services sold by the Company or any of its Affiliates or subsidiaries as of the end of the Employment Period; (ii) transact any business with any Customer of the Company or any of its Affiliates or subsidiaries with respect to any product or services which are the same as, or substantially similar to, or competitive with, products or services sold by the Company or any of its Affiliates or Subsidiaries as of the end of the Employment Period; or (iii) directly solicit any employee then employed by the Company or any of its Affiliates or subsidiaries, or previously employed by any such company within the one-year period preceding the end of the Employment Period, to join the Executive, whether as an officer, director, stockholder, partner, owner, employee, manager, or otherwise, in any enterprise engaged in a business similar to the Business being conducted at the time of such termination.
Appears in 4 contracts
Samples: Employment Agreement (Merge Technologies Inc), Employment Agreement (Merge Technologies Inc), Employment Agreement (Merge Technologies Inc)