Common use of Interference With the Company Clause in Contracts

Interference With the Company. 8.1 The Employee acknowledges that the services to be rendered by him to the Company are of a special and unique character. The Employee agrees that, in consideration of his employment hereunder, the Employee will not (a) for a period of one year commencing on the date of termination of his employment with the Company, (i) solicit or endeavor to solicit patient referrals, either on his own account or for any person, firm, corporation or other organization, from (x) any person, including any physician, clinical psychologist, social worker or consultant to the Company, who, during the period of the Employee's employment with the Company, made patient referrals to the Company, or (y) any employee of the Company, or (ii) solicit or entice or endeavor to solicit or entice away from the Company any person who was a director, officer, employee or consultant of the Company, either on his own account or for any person, firm, corporation or other organization, whether or not such person would commit any breach of his contract of employment by reason of leaving the service of the Company, and the Employee agrees not to employ, directly or indirectly, any person who was a director, officer or employee of the Company or who by reason of such position at any time is or may be likely to be in possession of any confidential information or trade secrets relating to the businesses or products of the Company or (b) at any time, take any action or make any statement the effect of which would be, directly or indirectly, to impair the good will of the Company or the business reputation or good name of the Company or be otherwise detrimental to the interests of the Company, including any action or statement intended, directly or indirectly, to benefit a competitor of the Company. 8.2 The Employee and the Company agree that if, in any proceeding, the court or other authority shall refuse to enforce the covenants herein set forth 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.

Interference With the Company. 8.1 7.1 The Employee Advisor acknowledges that the services to be rendered by him the Advisor to the Company are of a special and unique character. The Employee Advisor agrees that, in consideration of his employment the Advisor's engagement hereunder, the Employee Advisor will not (a) for a period of one year commencing on the date of termination of his employment the Advisor's engagement with the Company, (i) solicit or endeavor to solicit patient referrals, either on his its own account or for any person, firm, corporation or other organization, from (x) any person, including any physician, clinical psychologist, social worker or consultant to the Company, who, during the period of the EmployeeAdvisor's employment engagement with the Company, made patient referrals to the Company, or (y) any employee of the Company, or (ii) solicit or entice or endeavor to solicit or entice away from the Company any person who was a director, officer, employee or consultant of the Company, either on his its own account or for any person, firm, corporation or other organization, whether or not such person would commit any breach of his contract of employment by reason of leaving the service of the Company, and the Employee Advisor agrees not to employ, directly or indirectly, any person who was a director, officer or employee of the Company or and who by reason of such position at any time is or may be likely to be in possession of any confidential information or trade secrets relating to the businesses or products of the Company or (b) at any time, take any action or make any statement the effect of which would be, directly or indirectly, to impair the good will of the Company or the business reputation or good name of the Company or be otherwise detrimental to the interests of the Company, including any action or statement intended, directly or indirectly, to benefit a competitor of the Company. 8.2 7.2 The Employee Company acknowledges that the Advisor is currently engaged in the medical consulting business (the "Advisor's Existing Business") and that the Advisor will continue to be engaged in such business during the term of this Agreement. The Company further acknowledges that to the extent the Advisor's Existing Business does not conflict with the provisions of Section 7.1, the Advisor may, subject to the provisions of Section 2 of this Agreement, continue the Advisor's Existing Business during the term of this Agreement and the Company shall have no interest in or right to participate in the Advisor's Existing Business. 7.3 The Advisor and the Company agree that if, in any proceeding, the court or other authority shall refuse to enforce the covenants herein set forth 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.

Interference With the Company. 8.1 The Employee acknowledges that the services to be rendered by him to the Company are of a special and unique character. The Employee agrees thatExecutive will not, in consideration of his employment hereunder, the Employee will not (a) for a period of one (1) year commencing on the date of after termination of his employment with the Company, directly or indirectly, (i) solicit or endeavor to solicit patient referralsengage, either on his own account or for any personwhether as principal, firmagent, corporation or investor, representative, stockholder (other organization, from than as the holder of not more than five percent (x5%) any person, including any physician, clinical psychologist, social worker or consultant to the Company, who, during the period of the Employee's employment 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, which is competitive with the Company, made patient referrals to the Company, or (y) any employee business of the CompanyCompany Group on the date of termination, or (ii) solicit or entice or endeavor to solicit or entice away from the Company any person who was a director, officer, employee employee, agent or consultant consultant, of the Company, either on his own account or for any person, firm, corporation or other organization, whether or not such the person solicited would commit any breach of his such person's contract of employment by reason of leaving the service Company's service, (iii) solicit or entice or endeavor to solicit or entice away any of the clients or customers of the Company, and the Employee agrees not to employeither on his own account or for any other person, directly firm, corporation or indirectlyorganization, or (iv) employ any person who was a director, officer or employee of the Company or who by reason of such position Company, at any time during the year preceding termination of his employment with the Company, unless such person's employment was terminated by the Company, or any person who is or may be likely to be in possession of any confidential information or trade secrets relating to the businesses or products of the Company Confidential Information, or (b) at any time, time take any action or make any statement the effect of which would be, directly or indirectly, to impair the good will of the Company or the business reputation or good name of the Company Company, or be otherwise detrimental to the interests of the Company, including any action or statement intended, directly or indirectly, to benefit a competitor of the Company. 8.2 . Because the remedy at law for any breach of the foregoing provisions of this Section 8 would be inadequate, the Executive hereby consents, in case of any such breach, to the granting by any court of competent jurisdiction of specific enforcement, including, but not limited to pre-judgment injunctive relief, of such provisions, as provided for in Section 8 hereof. The Employee and the Company parties hereto agree that if, in any proceeding, the court or other authority shall refuse to enforce the covenants herein set forth in this Section 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.

Interference With the Company. 8.1 9.1 The Employee acknowledges that the services to be rendered by him to the Company are of a special and unique character. The Employee agrees that, in consideration of his employment hereunder, the Employee will not (a) for a period of one year twelve (12) months commencing on the date of termination of his employment with the Company, (i) solicit or endeavor to solicit patient referrals, either on his own account or for any person, firm, corporation or other organization, from (x) any person, including any physician, clinical psychologist, social worker worker, or consultant to the Company, who, during the period of the Employee's employment with the Company, made patient referrals to the Company, or (y) any employee of the CompanyCompany (provided, however, that the Employee shall not be deemed to have breached this covenant if the contact with any person referred to in clause (x) is initiated by such person), or (ii) solicit or entice or endeavor to solicit or entice away from the Company any person who was a director, officer, employee employee, or consultant of the Company, either on his own account or for any person, firm, corporation corporation, or other organization, whether or not such person would commit any breach of his contract of employment by reason of leaving the service of the Company, and the Employee agrees not to employ, directly or indirectly, any person who was a director, officer or employee of the Company or who by reason of such position at any time is or may be likely to be in possession of any confidential information or trade secrets relating to the businesses or products of the Company or (b) at any timefor a period or twelve (12) months commencing on the date of termination of his employment with the Company, take any action or make any statement the effect of which would be, directly or indirectly, to impair the good will of the Company or the business reputation or good name of the Company or be otherwise detrimental to the interests of the Company, including any action or statement intended, directly or indirectly, to benefit a competitor of the Company. 8.2 9.2 The Employee and the Company agree that if, in any proceeding, the court or other authority shall refuse to enforce the covenants herein set forth 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.