Non-Solicitation and Non-Circumvention. During the Term and for a period of 12 months thereafter, Subdistributor shall not, and shall not permit its Representatives to, directly or indirectly, in any manner make any solicitation to employ the Distributor’s Personnel without written consent of Distributor. For the purposes of this 0, a general advertisement or notice of a job listing or opening or other similar general publication of a job search or availability to fill employment positions, including on the internet, shall not be construed as a solicitation or inducement, and the hiring of any such employees or independent contractor who freely responds thereto is not a breach of this 0. Notwithstanding any language to the contrary, during the Term and continuing thereafter until such time as Distributor’s Confidential Information and Trade Secrets no longer constitute Confidential Information of Distributor, Subdistributor shall not, and shall not permit its Representatives to, directly or indirectly, in any manner utilize Distributor’s Confidential Information and Trade Secrets (which may include without limitation confidential pricing, the terms of Distributor’s agreements with third parties, and/or product catalogs) for the purposes of circumventing, interfering with, or for any other purpose except solely for the benefit of and as directed by Distributor.
Non-Solicitation and Non-Circumvention. During the term of this Agreement and for a period of twelve (12) months after the expiration or termination of this Agreement, without the Disclosing Party’s prior written consent, the Recipient and its Representatives shall not contact or solicit an employee of the Disclosing Party for the purpose of hiring them, solicit the business of any client, customer or licensee of the Disclosing Party or outside of the ordinary course of business, directly or indirectly contact or participate in communications with any disclosed companies, entities or persons (including each of their affiliates, parents or subsidiaries). Notwithstanding anything to the contrary herein, the Recipient and its Representatives shall not be restricted from hiring any employee of Disclosing Party who responds to a general solicitation for employment not directed towards the Disclosing Party’s employees.
Non-Solicitation and Non-Circumvention. For a period of one year following your employment with the company, you will not directly or indirectly, whether for your account or for the account of any other individual or entity, solicit or canvas the trade, business or patronage of, or sell to, any individuals or entities that were investors, customers or employees of the Company during the period during which you were employed by the Company, or prospective customers with respect to whom a sales effort, presentation or proposal was made by the Company or its affiliates, during the one year period prior to the termination of your employment. Without limiting the foregoing, you shall not, directly or indirectly, (i) solicit, induce, enter into any agreement with, or attempt to influence any individual who was an employee or consultant of the Company at any time during the time you were employed by the Company, to terminate his or her employment relationship with the Company or to become employed you or any individual or entity by which you are employed or (ii) interfere in any other way with the employment, or other relationship, of any employee or consultant of the Company or its affiliates.
Non-Solicitation and Non-Circumvention. During the Term and for a period of two (2) years following the termination of this Agreement, neither Party shall, directly or indirectly, for itself or on behalf of any other Person: (a) solicit for employment or otherwise induce, influence or encourage to terminate employment with the other Party, or employ or engage as an independent contractor, any current or former employee of the other Party; or (b) solicit business from or induce, influence or encourage, any client, customer, supplier or other similar third party of the other Party to alter, terminate or breach the other Party; or (c) circumvent the other Party or any of its Representative by communicating or conducting business with any of the other Party’s suppliers, vendors, distributors, dealers, sales agents, brokers, licensors or licensees. Each Party acknowledges and agrees that (a) a breach or threatened breach by such Party of any of its obligations under this Section would give rise to irreparable harm to the other Party for which monetary damages would not be an adequate remedy and (b) in the event of a breach or a threatened breach by such Party of any such obligations, the other Party shall, in addition to any and all other rights and remedies that may be available to such Party at law, at equity or otherwise in respect of such breach, be entitled to seek equitable relief, including a temporary restraining order, an injunction, specific performance and any other relief that may be available from a court of competent jurisdiction, without any requirement to post a bond or other security, and without any requirement to prove actual damages or that monetary damages will not afford an adequate remedy. Each Party agrees that such Party will not oppose or otherwise challenge the appropriateness of equitable relief or the entry by a court of competent jurisdiction of an order granting equitable relief, in either case, consistent with the terms of this Section 12.2.
Non-Solicitation and Non-Circumvention. For a period of twelve (12) months following the termination of the Consulting Period, the Consultant will not directly or indirectly, whether for your account or for the account of any other individual or entity, solicit or canvas the trade, business or patronage of, or sell to, any individuals or entities that were investors, customers or employees of the Company during the Consulting Period, or prospective customers with respect to whom a sales effort, presentation or proposal was made by the Company or its affiliates, during the one year period prior to the termination of the Consulting Period. Without limiting the foregoing, the Consultant shall not, directly or indirectly (i) solicit, induce, enter into any agreement with, or attempt to influence any individual who was an employee or consultant of the Company at any time during the Consulting Period, to terminate his or her employment relationship with the Company or to become employed or engaged by the Consultant or any individual or entity by which the Consultant are employed or for which you are acting as a consultant or other advisory capacity, and/or (ii) interfere in any other way with the employment, or other relationship, of any employee of, or consultant to, the Company.
Non-Solicitation and Non-Circumvention. Under all circumstances other than being terminated Without Cause, for a period of one year following the termination of this Agreement, you will not directly or indirectly, whether for your account or for the account of any other individual or entity, solicit or canvas the trade, business or patronage of, or sell to, any individuals or entities that were investors, customers or employees of the Company during the period during which you were employed by the Company, or prospective customers with respect to whom a sales effort, presentation or proposal was made by the Company or its affiliates, during the one year period prior to the termination of your employment. Without limiting the foregoing, you shall not, directly or indirectly, (i) solicit, induce, enter into any agreement with, or attempt to influence any individual who was an employee or consultant of the Company at any time during the time you were employed by the Company, to terminate his or her employment relationship with the Company or to become employed you or any individual or entity by which you are employed or (ii) interfere in any other way with the employment, or other relationship, of any employee or consultant of the Company or its affiliates.
Non-Solicitation and Non-Circumvention. 6.1 The Customer must notify the Supplier in accordance with the procedure provided in clause 24 of this Agreement, about employment or attempt to employ any person who is, or has been, engaged as an employee, consultant or subcontractor of the Supplier in the provision of the Services or employee of such consultant or subcontractor, provided that the Customer was aware of engagement of such person in provision of Services hereunder.
6.2 At any time prior to the expiration of this Agreement, it is expressly agreed that the identities of any individual or entity and any other third parties (including, without limitation, suppliers, customers, financial sources, banks, merchant acquiring banks, card scheme processors, gateway providers, and/or merchant sales referral partners, deferral payment providers and consultants) discussed and made available by the Supplier in the course of provision of Services and any related business opportunity shall constitute Confidential Information and the Customer or any its Affiliate or associated entity or individual shall not (without the prior written consent of, or having entered into a commission agreement with, the Supplier):
6.2.1 directly or indirectly initiate, solicit, negotiate, contract or enter into any business transactions, agreements or undertakings with any such third party identified or introduced by the Supplier during the Services provision; or
6.2.2 seek to by-pass, compete, avoid or circumvent the Supplier from any business opportunity that relates to the Services by utilising any Confidential Information or by otherwise exploiting or deriving any benefit from the Confidential Information.
6.3 The Customer covenants that any financial gain made by it, or any associated party, from a breach of clause 6.2 shall be held on trust for the benefit of the Supplier and then be transferred to a nominated account of the Supplier, until which time such outstanding amount shall incur interest at the rate of 8% per annum from time to time. Such interest shall accrue on a daily basis from the due date until actual payment of the overdue amount, whether before or after judgment and the Customer shall pay the interest together with the overdue amount.
6.4 Clause 6.3 does not affect the Disclosing Party’s ability to also xxx for damages should the covenants in clause 6.2 be violated in any way.
Non-Solicitation and Non-Circumvention. 13.1. The Introducer agrees not to solicit the Firm’s clients and furthermore, the Introducer agrees not to circumvent any relationship the Firm has with its Related Parties.
Non-Solicitation and Non-Circumvention. During the term of this Agreement, without the Disclosing Party’s prior written consent, the Recipient and its Representatives shall not contact or solicit an employee of the Disclosing party for the purpose of hiring them, use Confidential Information to solicit the business of any client, customer or licensee of the Disclosing Party or outside of the ordinary course of business, directly or indirectly contact or participate in communications with any disclosed companies, entities or persons (including each of their affiliates, parents or subsidiaries). Notwithstanding anything to the contrary herein, the Recipient and its Representatives shall not be restricted from hiring any employee of Disclosing Party who responds to a general solicitation for employment not directed towards the Disclosing Party’s employees.
Non-Solicitation and Non-Circumvention. Without prior written approval by the Board, for a period of one year following your employment with the Company, you will not directly or indirectly, (i) solicit, induce, enter into any agreement with, or attempt to influence any individual who was an employee or consultant of the Company at any time during the time you were employed by the Company, to terminate his or her employment relationship with the Company or to become employed you or any individual or entity by which you are employed or (ii) interfere in any other way with the employment, or other relationship, of any employee or consultant of the Company or its affiliates.
