Common use of Interference with Relationships Clause in Contracts

Interference with Relationships. During the Restricted Period, Seller and Parent shall not, and each of them shall cause their respective Affiliates not to, directly or indirectly, as agent, consultant, director, equityholder, manager, co-partner or in any other capacity without the prior written consent of Purchaser (i) employ, engage, recruit or solicit for employment or engagement, any Transferred Employee or any other individual employed or engaged by Purchaser in connection with the Fiber Business, or (ii) encourage, induce, seek to encourage or induce, or assist another Person to encourage, induce or seek to encourage or induce an employee, agent, independent contractor, customer, supplier or creditor of, or another Person having a business relationship with, Purchaser or its Affiliates in the Fiber Business, to cease or adversely change its, his or her business relationship or dealings with Purchaser or any such Affiliate in the Fiber Business. Nothing contained herein shall preclude (A) the solicitation or hiring of (1) any Transferred Employee whose employment with Purchaser or any of its Affiliates was terminated either by Purchaser or the Affiliate more than three months before the first solicitation for hire by any of Seller, Parent, or their respective Affiliates; (2) any Transferred Employee (other than the Transferred Employees identified on Schedule 5.5(b)) who terminates his or her employment with Purchaser or any of its Affiliates more than six months before the first solicitation for hire by any of Seller, Parent or their respective Affiliates; or (3) any Transferred Employee whose employment with Purchaser or any of its Affiliates was terminated by such Transferred Employee for Good Reason more than six months before the first solicitation for hire by any of Seller, Parent or their respective Affiliates; or (B) any general solicitation of employment not targeted specifically at Purchaser or its employees or any search conducted by search firms, employment agencies or other similar entities that are not directed to the Transferred Employees.

Interference with Relationships. During Without limiting the Restricted Periodgenerality of the provisions of Section 7(a) hereof, Seller and Parent shall notExecutive hereby agrees that, during Executive’s employment with Parent, Symbion or any of their Subsidiaries, and each thereafter, through the period ending on the second anniversary of them shall cause their respective Affiliates not tothe Termination Date (the “Non-Solicit Restrictive Period”), he will not. directly or indirectly, as employee, agent, consultant, stockholder, director, equityholder, manager, co-partner or in any other capacity without the prior written consent of Purchaser individual or representative capacity, (i) employ, engage, recruit solicit or solicit for employment or engagement, any Transferred Employee or any other individual employed or engaged by Purchaser in connection with the Fiber Businessencourage, or (ii) encourage, induce, seek to encourage participate in any business which solicits or induce, or assist another Person to encourage, induce or seek to encourage or induce an employee, agent, independent contractor, customer, supplier or creditor of, or another Person having a business relationship with, Purchaser or its Affiliates in the Fiber Business, to cease or adversely change its, his or her business relationship or dealings with Purchaser or any such Affiliate in the Fiber Business. Nothing contained herein shall preclude encourages (A) the solicitation any person, firm, corporation or hiring of (1) any Transferred Employee whose employment other entity which has executed, or proposes to execute, a management services agreement or other services agreement with Purchaser Parent, Symbion or any of its Affiliates was terminated either by Purchaser or their Subsidiaries at any time during the Affiliate more than three months before the first solicitation for hire by any term of Seller, Parentthis Agreement, or their respective Affiliates; (2) any Transferred Employee (successor in interest to any such person, firm, corporation or other than entity, for the Transferred Employees identified on Schedule 5.5(b)) who terminates his purpose of securing business or her employment with Purchaser or contracts related to any element of its Affiliates more than six months before the first solicitation for hire by any of SellerBusiness, Parent or their respective Affiliates; or (3) any Transferred Employee whose employment with Purchaser or any of its Affiliates was terminated by such Transferred Employee for Good Reason more than six months before the first solicitation for hire by any of Seller, Parent or their respective Affiliates; or (B) any general solicitation present customer or patient of employment not targeted specifically at Purchaser Parent, Symbion or any of their Subsidiaries or any of their Affiliated Practices (as defined below) to terminate or otherwise alter his, his or its employees relationship with Parent, Symbion or any search conducted of their Subsidiaries or such Affiliated Practice; provided, however, that nothing contained herein shall be construed to prohibit or restrict Executive from soliciting business from any such parties on behalf of Parent, Symbion or any of their Subsidiaries in performance of his duties as an employee of the Company required under and as specifically contemplated by search firmsSection 2 above or (ii) divert, entice away, solicit or encourage, or attempt to divert, entice away, solicit or encourage, any physician who utilizes or has invested in an Affiliated Practice to become an owner, investor or user of another practice or facility that is not an Affiliated Practice or approach any such physician for any of the foregoing purposes or authorize or assist in the taking of any such action by any third party. In addition, at all times from and after the Termination Date, Executive shall not contact or communicate in any manner with any of Parent’s, Symbion’s or any of their Subsidiaries’ or Affiliates’ suppliers or vendors, or any other third party providing services to Parent, Symbion or any of their Subsidiaries, regarding Parent, Symbion, any of their Subsidiaries or any Company- or any such Subsidiary-related matter (which suppliers, vendors or third party service providers will include, without limitation, any third party with whom Parent, Symbion or any of their Subsidiaries was, during the term of Executive’s employment agencies with Parent, Symbion or other similar entities that are not directed to any of their Subsidiaries, contemplating engaging, or negotiating with, for the Transferred Employeesfuture provision of products or services).

Interference with Relationships. During Without limiting the Restricted Periodgenerality of the provisions of Section 7(a) hereof, Seller Executive hereby agrees that, for a period commencing on the Commencement Date and Parent shall notending on the Termination Date, and each thereafter, through the period ending on the second anniversary of them shall cause their respective Affiliates not tothe Termination Date (the “Non-Solicit Restrictive Period”), she will not, directly or indirectly, as employee, agent, consultant, stockholder, director, equityholder, manager, co-partner or in any other capacity without the prior written consent of Purchaser individual or representative capacity, (i) employ, engage, recruit solicit or solicit for employment or engagement, any Transferred Employee or any other individual employed or engaged by Purchaser in connection with the Fiber Businessencourage, or (ii) encourage, induce, seek to encourage participate in any business which solicits or induce, or assist another Person to encourage, induce or seek to encourage or induce an employee, agent, independent contractor, customer, supplier or creditor of, or another Person having a business relationship with, Purchaser or its Affiliates in the Fiber Business, to cease or adversely change its, his or her business relationship or dealings with Purchaser or any such Affiliate in the Fiber Business. Nothing contained herein shall preclude encourages (A) the solicitation any person, firm, corporation or hiring of (1) any Transferred Employee whose employment other entity which has executed, or proposes to execute, a management services agreement or other services agreement with Purchaser Parent, Symbion or any of its Affiliates was terminated either by Purchaser or their Subsidiaries at any time during the Affiliate more than three months before the first solicitation for hire by any term of Seller, Parentthis Agreement, or their respective Affiliates; (2) any Transferred Employee (successor in interest to any such person, firm, corporation or other than entity, for the Transferred Employees identified on Schedule 5.5(b)) who terminates his purpose of securing business or her employment with Purchaser or contracts related to any element of its Affiliates more than six months before the first solicitation for hire by any of SellerBusiness, Parent or their respective Affiliates; or (3) any Transferred Employee whose employment with Purchaser or any of its Affiliates was terminated by such Transferred Employee for Good Reason more than six months before the first solicitation for hire by any of Seller, Parent or their respective Affiliates; or (B) any general solicitation present customer or patient of employment not targeted specifically at Purchaser Parent, Symbion or any of their Subsidiaries or any of their Affiliated Practices (as defined below) to terminate or otherwise alter his, her or its employees relationship with Parent, Symbion or any search conducted of their Subsidiaries or such Affiliated Practice; provided, however, that nothing contained herein shall be construed to prohibit or restrict Executive from soliciting business from any such parties on behalf of Parent, Symbion or any of their Subsidiaries in performance of her duties as an employee of the Company required under and as specifically contemplated by search firmsSection 2 above or (ii) divert, entice away, solicit or encourage, or attempt to divert, entice away, solicit or encourage, any physician who utilizes or has invested in an Affiliated Practice to become an owner, investor or user of another practice or facility that is not an Affiliated Practice or approach any such physician for any of the foregoing purposes or authorize or assist in the taking of any such action by any third party. In addition, at all times from and after the Termination Date, Executive shall not contact or communicate in any manner with any of Parent’s, Holding’s, or any of their Subsidiaries’ or Affiliates’ suppliers or vendors, or any other third party providing services to Parent, Symbion or any of their Subsidiaries, regarding Parent, Symbion, any of their Subsidiaries or any Company- or any such Subsidiary-related matter (which suppliers, vendors or third party service providers will include, without limitation, any third party with whom Parent, Symbion or any of their Subsidiaries was, during the term of Executive’s employment agencies with Parent, Symbion or other similar entities that are not directed to any of their Subsidiaries, contemplating engaging, or negotiating with, for the Transferred Employeesfuture provision of products or services).

Interference with Relationships. During Without limiting the Restricted Periodgenerality of the provisions of Section 7(a) hereof, Seller and Parent shall notExecutive hereby agrees that, during Executive’s employment with Parent, Symbion or any of their Subsidiaries, and each thereafter, through the period ending on the second anniversary of them shall cause their respective Affiliates not tothe Termination Date (the “Non-Solicit Restrictive Period”), she will not, directly or indirectly, as employee, agent, consultant, stockholder, director, equityholder, manager, co-partner or in any other capacity without the prior written consent of Purchaser individual or representative capacity, (i) employ, engage, recruit solicit or solicit for employment or engagement, any Transferred Employee or any other individual employed or engaged by Purchaser in connection with the Fiber Businessencourage, or (ii) encourage, induce, seek to encourage participate in any business which solicits or induce, or assist another Person to encourage, induce or seek to encourage or induce an employee, agent, independent contractor, customer, supplier or creditor of, or another Person having a business relationship with, Purchaser or its Affiliates in the Fiber Business, to cease or adversely change its, his or her business relationship or dealings with Purchaser or any such Affiliate in the Fiber Business. Nothing contained herein shall preclude encourages (A) the solicitation any person, firm, corporation or hiring of (1) any Transferred Employee whose employment other entity which has executed, or proposes to execute, a management services agreement or other services agreement with Purchaser Parent, Symbion or any of its Affiliates was terminated either by Purchaser or their Subsidiaries at any time during the Affiliate more than three months before the first solicitation for hire by any term of Seller, Parentthis Agreement, or their respective Affiliates; (2) any Transferred Employee (successor in interest to any such person, firm, corporation or other than entity, for the Transferred Employees identified on Schedule 5.5(b)) who terminates his purpose of securing business or her employment with Purchaser or contracts related to any element of its Affiliates more than six months before the first solicitation for hire by any of SellerBusiness, Parent or their respective Affiliates; or (3) any Transferred Employee whose employment with Purchaser or any of its Affiliates was terminated by such Transferred Employee for Good Reason more than six months before the first solicitation for hire by any of Seller, Parent or their respective Affiliates; or (B) any general solicitation present customer or patient of employment not targeted specifically at Purchaser Parent, Symbion or any of their Subsidiaries or any of their Affiliated Practices (as defined below) to terminate or otherwise alter his, her or its employees relationship with Parent, Symbion or any search conducted of their Subsidiaries or such Affiliated Practice; provided, however, that nothing contained herein shall be construed to prohibit or restrict Executive from soliciting business from any such parties on behalf of Parent, Symbion or any of their Subsidiaries in performance of her duties as an employee of the Company required under and as specifically contemplated by search firmsSection 2 above or (ii) divert, entice away, solicit or encourage, or attempt to divert, entice away, solicit or encourage, any physician who utilizes or has invested in an Affiliated Practice to become an owner, investor or user of another practice or facility that is not an Affiliated Practice or approach any such physician for any of the foregoing purposes or authorize or assist in the taking of any such action by any third party. In addition, at all times from and after the Termination Date, Executive shall not contact or communicate in any manner with any of Parent’s, Symbion’s or any of their Subsidiaries’ or Affiliates’ suppliers or vendors, or any other third party providing services to Parent, Symbion or any of their Subsidiaries, regarding Parent, Symbion, any of their Subsidiaries or any Company- or any such Subsidiary-related matter (which suppliers, vendors or third party service providers will include, without limitation, any third party with whom Parent, Symbion or any of their Subsidiaries was, during the term of Executive’s employment agencies with Parent, Symbion or other similar entities that are not directed to any of their Subsidiaries, contemplating engaging, or negotiating with, for the Transferred Employeesfuture provision of products or services).