Common use of Non-Solicitation and Non-Circumvention Clause in Contracts

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. During the Term and for a period of two (2) years following the termination of this Agreement, neither Party shallBuyer shall not, 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 PartySeller, or employ or engage as an independent contractor, any current or former employee of the other PartySeller; or (b) solicit business from or induce, influence or encourage, any client, customer, supplier or other similar third party of the other Party Seller to alter, terminate or breach the its contractual or other Partybusiness relationship with Seller; or (c) circumvent the other Party Seller or any of its Representative by communicating or conducting business with any of the other PartySeller’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. 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 12.216.2.