Common use of No Solicitation of Customers or Employees Clause in Contracts

No Solicitation of Customers or Employees. Executive agrees that: (a) During his employment with Rental Service Corporation and for the Time Period, he shall not, directly or indirectly, call on or solicit or divert or take away from Rental Service Corporation or any of its affiliates (including by divulging to any competitor or potential competitor of Rental Service Corporation) any person, firm, corporation, or other entity who is a customer of Rental Service Corporation or its affiliates and whom Executive had contact with through any of his employment with Rental Service Corporation. (b) During his employment with Rental Service Corporation and for the Time Period, he shall not, directly or indirectly, solicit employment of any employee of Rental Service Corporation or any employee of any affiliate of Rental Service Corporation for employment with any entity that rents or leases construction or construction-related equipment in the Territory as defined in Section 4.2. (c) The parties agree that if a court of competent jurisdiction determines that the Time Period is unreasonably long and deemed unenforceable as defined herein in Sections 4.3(a) or (b), the Time Period for purposes of Sections 4.3(a) or (b), as applicable, shall be shortened to the maximum duration enforceable under applicable law.

Appears in 4 contracts

Samples: Separation and Release Agreement (RSC Holdings Inc.), Executive Employment and Noncompetition Agreement (RSC Equipment Rental, Inc.), Executive Employment Agreement (RSC Holdings III, LLC)

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No Solicitation of Customers or Employees. Executive agrees that: (a) During his her employment with Rental Service Corporation and for the Time Period, he she shall not, directly or indirectly, call on or solicit or divert or take away from Rental Service Corporation or any of its affiliates (including by divulging to any competitor or potential competitor of Rental Service Corporation) any person, firm, corporation, or other entity who is a customer of Rental Service Corporation or its affiliates and whom Executive had contact with through any of his her employment with Rental Service Corporation. (b) During his her employment with Rental Service Corporation and for the Time Period, he she shall not, directly or indirectly, solicit employment of any employee of Rental Service Corporation or any employee of any affiliate of Rental Service Corporation for employment with any entity that rents or leases construction or construction-related equipment in the Territory as defined in Section 4.2. (c) The parties agree that if a court of competent jurisdiction determines that the Time Period is unreasonably long and deemed unenforceable as defined herein in Sections 4.3(a) or (b), the Time Period for purposes of Sections 4.3(a) or (b), as applicable, shall be shortened to the maximum duration enforceable under applicable law.

Appears in 2 contracts

Samples: Executive Employment and Noncompetition Agreement (RSC Equipment Rental, Inc.), Executive Employment and Noncompetition Agreement (RSC Holdings Inc.)

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