Common use of Interference With the Company Clause in Contracts

Interference With the Company. The Executive will not, during the Executive’s term of employment and for a period of two (2) years after the Termination Date, directly or indirectly (i) engage, whether as principal, agent, investor, representative, stockholder (other than as the holder of not more than five percent (5%) of the stock or equity of any corporation the capital stock of which is publicly traded), employee, consultant, volunteer or otherwise, with or without pay, in any activity or business venture anywhere within the continental United States that is competitive with the business of the Company and/or Hanger (including any direct or indirect subsidiary of Hanger) on the Termination Date, (ii) solicit or entice or endeavor to solicit or entice away from the Company and/or Hanger (including any direct or indirect subsidiary of Hanger) any director, officer, employee, agent or consultant of the Company and/or Hanger (including any direct or indirect subsidiary of Hanger), either on his own account or for any person, firm, corporation or other organization, regardless of whether the person solicited would commit any breach of such person’s contract of employment by reason of leaving the Company’s service; (iii) solicit or entice or endeavor to solicit or entice away any of the clients or customers of the Company and/or Hanger (including any direct or indirect subsidiary of Hanger) as of the Termination Date for the purpose of competing with the business of the Company and/or Hanger (including any direct or indirect subsidiary of Hanger), either on his own account or for any other person, firm, corporation or organization; (iv) employ or otherwise utilize (whether as a consultant, advisor or otherwise) any person who was a director, officer, or employee of the Company and/or Hanger (including any direct or indirect subsidiary of Hanger) at any time during the two years preceding the Termination Date, unless such person’s employment was terminated by the Company and/or Hanger (including any direct or indirect subsidiary of Hanger); or (v) employ or otherwise utilize (whether as a consultant, advisor or otherwise) any person who is or may be likely to be in possession of any Confidential Information. The parties hereto agree that if, in any proceeding, the Court or other authority shall refuse to enforce covenants set forth in this Section 9, because such covenants cover too extensive a geographic area or too long a period of time, any such covenant shall be deemed appropriately amended and modified in keeping with the intention of the parties to the maximum extent permitted by law.

Appears in 5 contracts

Samples: Employment Agreement (Hanger Orthopedic Group Inc), Employment Agreement (Hanger Orthopedic Group Inc), Employment Agreement (Hanger Orthopedic Group Inc)

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Interference With the Company. The Executive will not, during the Executive’s term of employment and for a period of two eighteen (218) years months after the Termination Date, directly or indirectly (i) engage, whether as principal, agent, investor, representative, stockholder (other than as the holder of not more than five percent (5%) of the stock or equity of any corporation the capital stock of which is publicly traded), employee, consultant, volunteer or otherwise, with or without pay, in any activity or business venture anywhere within the continental United States that is competitive with the business of the Company and/or Hanger (including any direct or indirect subsidiary of Hanger) on the Termination Date, (ii) solicit or entice or endeavor to solicit or entice away from the Company and/or Hanger (including any direct or indirect subsidiary of Hanger) any director, officer, employee, agent or consultant of the Company and/or Hanger (including any direct or indirect subsidiary of Hanger), either on his own account or for any person, firm, corporation or other organization, regardless of whether the person solicited would commit any breach of such person’s contract of employment by reason of leaving the Company’s service; (iii) solicit or entice or endeavor to solicit or entice away any of the clients or customers of the Company and/or Hanger (including any direct or indirect subsidiary of Hanger) as of the Termination Date for the purpose of competing with the business of the Company and/or Hanger (including any direct or indirect subsidiary of Hanger), either on his own account or for any other person, firm, corporation or organization; (iv) employ or otherwise utilize (whether as a consultant, advisor or otherwise) any person who was a director, officer, or employee of the Company and/or Hanger (including any direct or indirect subsidiary of Hanger) at any time during the two years preceding the Termination Date, unless such person’s employment was terminated by the Company and/or Hanger (including any direct or indirect subsidiary of Hanger); or (v) employ or otherwise utilize (whether as a consultant, advisor or otherwise) any person who is or may be likely to be in possession of any Confidential Information. The parties hereto agree that if, in any proceeding, the Court or other authority shall refuse to enforce covenants set forth in this Section 9, because such covenants cover too extensive a geographic area or too long a period of time, any such covenant shall be deemed appropriately amended and modified in keeping with the intention of the parties to the maximum extent permitted by law.

Appears in 2 contracts

Samples: Employment Agreement (Hanger Orthopedic Group Inc), Employment Agreement (Hanger Orthopedic Group Inc)

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Interference With the Company. The Executive will not, during the Executive’s term of employment and (a) for a period of two twenty-four (224) years months after termination of his employment with the Termination DateCompany, directly or indirectly indirectly, (i) engage, whether as principal, agent, investor, representative, stockholder (other than as the holder of not more than five percent (5%) of the stock or equity of any corporation the capital stock of which is publicly traded), employee, consultant, volunteer or otherwise, with or without pay, in any activity or business venture venture, anywhere within the continental United States that is competitive world, which manufactures and/or sells Laundry, Condoms, Depilatory, Pregnancy Testing, Sodium Bicarbonate, Oral Care or Deodorizing products, or any products or product lines acquired after the date of this Agreement, which compete with the business of products manufactured and/or sold by the Company and/or Hanger (including or any direct subsidiary, affiliate or indirect subsidiary of Hanger) on the Termination Datedivision thereof, (ii) solicit or entice or endeavor to solicit or entice away any of the clients or customers of the Company, either on his own account or for any other person, firm, corporation or organization, (iii) directly or indirectly solicit or entice or endeavor to solicit or entice away from the Company and/or Hanger (including any direct or indirect subsidiary of Hanger) any director, officer, employee, agent or consultant of the Company and/or Hanger (including any direct or indirect subsidiary of Hanger)Company, either on his own account or for any person, firm, corporation or other organization, regardless of whether or not the person solicited would commit any breach of such person’s contract of employment by reason of leaving the Company’s service; (iii) solicit , or entice or endeavor to solicit or entice away any of the clients or customers of the Company and/or Hanger (including any direct or indirect subsidiary of Hanger) as of the Termination Date for the purpose of competing with the business of the Company and/or Hanger (including any direct or indirect subsidiary of Hanger), either on his own account or for any other person, firm, corporation or organization; (iv) employ or otherwise utilize (whether as a consultant, advisor or otherwise) any person who was a director, officer, officer or employee of the Company and/or Hanger (including any direct or indirect subsidiary of Hanger) at any time during the two years preceding the Termination DateCompany, unless such person’s employment was terminated by the Company and/or Hanger (including any direct Company, or indirect subsidiary of Hanger); or (v) employ or otherwise utilize (whether as a consultant, advisor or otherwise) any person who is or may be likely to be in possession of any Confidential Information. Anything herein to the contrary notwithstanding, the Executive shall not be precluded from working for an enterprise that competes with the Company’s products on a de minimis basis (i.e. the other company’s revenues attributable to such competing products amount to less than 5% of such company’s total revenue, provided that Executive does not participate, directly or indirectly, in the business operations of any division or part of the company that manufactures and/or sells such competing product. The requirements of subparagraph 8(a)(i) may be waived by the Company upon written request by the Executive and not unreasonably withheld by the Company. The parties hereto agree that if, in any proceeding, the Court court or other authority shall refuse to enforce the covenants set forth in this Section 9, 8 because such covenants cover too extensive a geographic area or too long a period of time, any such covenant shall be deemed appropriately amended and modified in keeping with the intention of the parties to the maximum extent permitted by law.

Appears in 1 contract

Samples: Employment Agreement (Church & Dwight Co Inc /De/)

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