Common use of Non-Solicitation of Customers and Employees Clause in Contracts

Non-Solicitation of Customers and Employees. (a) The Executive hereby acknowledges and recognizes the highly competitive nature of the business of the Corporation and accordingly agrees that, during the term of this Agreement and, in consideration of the receipt of any payment pursuant to this Agreement, for a period of two years following the date of termination of the Executive's employment under this Agreement, unless otherwise agreed to in writing by the Corporation, the Executive shall not, either directly or indirectly, in any manner or capacity, whether as principal, agent, partner, officer, director, employee, joint venturer, salesman, or corporate shareholder or otherwise for the benefit of any Person (as defined below), (i) render services to, or solicit the rendering of services to, any Person in competition with the business of the Corporation, which then is, or at any time during a period of one year prior to the termination of the Executive's employment under this Agreement (the "Termination Date"), was a Customer (as defined below) of the Corporation, or (ii) solicit the rendering of services to any Person of any kind whatsoever which is then or has been at any time during a period of one year prior to the Termination Date a Customer, employee, salesperson, agent or representative of the Corporation in any manner which interferes or might interfere with the relationship of the Corporation with such Person, or in an effort to obtain such Person as a customer, supplier, employee, salesperson, agent or representative of any business in competition with the Corporation, or (iii) for a period of two years following the Termination Date, hire or participate in the hiring by any Person of an employee of the Corporation. In order to assure strict compliance with the foregoing, and in recognition of the compensation to be paid by Employer to Executive on the termination of this Agreement, Executive grants to Employer the sole and absolute right to determine whether any employment or services anticipated to be undertaken by Executive during said period of time as outlined above, is or may be in violation of the foregoing provisions and Executive agrees to notify Employer, in writing, fourteen (14) days prior to undertaking any employment or services within the said time period, regardless of the nature thereof, of the name and address of any such intended employer, proposed job title, proposed job description and salary, and the business of the prospective employer. If, within such fourteen (14) day period, Employer shall object on reasonable grounds to such anticipated employment in writing to Executive, Executive agrees not to accept the same or in any manner directly or indirectly render services to any such prospective employer.

Appears in 3 contracts

Samples: Employment Agreement (Icarus International Inc), Employment Agreement (Icarus International Inc), Employment Agreement (Icarus International Inc)

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Non-Solicitation of Customers and Employees. (a) The Executive hereby acknowledges and recognizes the highly competitive nature of the business of the Corporation and accordingly agrees that, during the term of this Agreement and, in consideration of the receipt of any payment pursuant to this Agreement, for a period of two years following the date of termination of the Executive's employment under this Agreement, unless otherwise agreed to in writing by the Corporation, the Executive shall not, within fifty (50) miles of Falls Church, Virginia or any other area in the United States in which the Corporation was doing or soliciting business, either directly or indirectly, in any manner or capacity, whether as principal, agent, partner, officer, director, employee, joint venturer, salesman, or corporate shareholder or otherwise for the benefit of any Person (as defined below), (i) render services to, or solicit the rendering of services to, any Person in competition with the business of the Corporation, which then is, or at any time during a period of one year prior to the termination of the Executive's employment under this Agreement (the "Termination Date"), was a Customer (as defined below) of the Corporation, or (ii) solicit the rendering of services to any Person of any kind whatsoever which is then or has been at any time during a period of one year prior to the Termination Date a Customer, employee, salesperson, agent or representative of the Corporation in any manner which interferes or might interfere with the relationship of the Corporation with such Person, or in an effort to obtain such Person as a customer, supplier, employee, salesperson, agent or representative of any business in competition with the Corporation, or (iii) for a period of two years following the Termination Date, hire or participate in the hiring by any Person of an employee of the Corporation. In order to assure strict compliance with the foregoing, and in recognition of the compensation to be paid by Employer to Executive on the termination of this Agreement, Executive grants to Employer the sole and absolute right to determine whether any employment or services anticipated to be undertaken by Executive during said period of time as outlined above, is or may be in violation of the foregoing provisions and Executive agrees to notify Employer, in writing, fourteen (14) days prior to undertaking any employment or services within the said time period, regardless of the nature thereof, of the name and address of any such intended employer, proposed job title, proposed job description and salary, and the business of the prospective employer. If, within such fourteen (14) day period, Employer shall object on reasonable grounds to such anticipated employment in writing to Executive, Executive agrees not to accept the same or in any manner directly or indirectly render services to any such prospective employer.

Appears in 2 contracts

Samples: Employment Agreement (Ydi Wireless Inc), Employment Agreement (Ydi Wireless Inc)

Non-Solicitation of Customers and Employees. (a) The Executive Counsel hereby acknowledges and recognizes the highly competitive nature of the business of the Corporation and accordingly agrees that, during the term of this Agreement and, in consideration of the receipt of any all payment due pursuant to this Agreement, for a period of two years following the date of termination of the ExecutiveCounsel's employment under this Agreement, unless otherwise agreed to in writing by the Corporation, the Executive Counsel shall not, either directly or indirectly, in any manner or capacity, whether as principal, agent, partner, officer, director, employee, joint venturer, salesman, or corporate shareholder or otherwise for the benefit of any Person (as defined below), (i) render services to, or solicit the rendering of services to, any Person in competition with the business of the Corporation, which then is, or at any time during a period of one year prior to the termination of the ExecutiveCounsel's employment under this Agreement (the "Termination Date"), was a Customer (as defined below) of the Corporation, or (ii) solicit the rendering of services to any Person of any kind whatsoever which is then or has been at any time during a period of one year prior to the Termination Date a Customer, employee, salesperson, agent or representative of the Corporation in any manner which interferes or might interfere with the relationship of the Corporation with such Person, or in an effort to obtain such Person as a customer, supplier, employee, salesperson, agent or representative of any business in competition with the Corporation, or (iii) for a period of two years following the Termination Date, hire or participate in the hiring by any Person of an employee of the Corporation. In order Nothing herein shall be deemed to assure strict compliance with preclude Counsel from returning to the foregoingprivate practice of law subsequent to any such termination, and in recognition of the compensation to be paid by Employer to Executive on the termination of this Agreement, Executive grants to Employer the sole and absolute right to determine whether any employment or services anticipated to be undertaken by Executive during said period of time as outlined above, is or may be in violation of the foregoing provisions and Executive agrees to notify Employer, in writing, fourteen (14) days prior to undertaking any employment or services within the said time period, regardless of the nature thereof, of the name and address of any such intended employer, proposed job title, proposed job description and salary, and the business of the prospective employer. If, within such fourteen (14) day period, Employer shall object on reasonable grounds to such anticipated employment in writing to Executive, Executive agrees not to accept the same or in any manner directly or indirectly render capacity rendering legal services to any such prospective employerPerson, subject to paragraph 10 below.

Appears in 1 contract

Samples: Employment Agreement (Icarus International Inc)

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Non-Solicitation of Customers and Employees. (a) The Executive hereby acknowledges and recognizes the highly competitive nature of the business of the Corporation online sales of fragrances and fragrance related products and accordingly agrees that, during the term of this Agreement and, in consideration of the receipt of any payment pursuant to this Agreement, for a period of two years one year following the date of termination of the Executive's employment under this Agreement, unless otherwise agreed to in writing by the Corporation, the Executive shall not, either directly or indirectly, in any manner or capacity, whether as principal, agent, partner, officer, director, employee, joint venturer, salesman, or corporate shareholder or otherwise for the benefit of any Person (as defined below), (i) render services to, or solicit the rendering of services to, any Person in competition with the business of the Corporation, which then is, or at any time during a period of one year prior to the termination of the Executive's employment under this Agreement (the "Termination Date"), was a Customer (as defined below) of the Corporation, or (ii) solicit the rendering of services to any Person of any kind whatsoever which is then or has been at any time during a period of one year prior to the Termination Date a Customer, employee, salesperson, agent or representative of the Corporation in any manner which interferes or might interfere with the relationship of the Corporation with such Person, or in an effort to obtain such Person as a customer, supplier, employee, salesperson, agent or representative of any business in competition with the Corporation, or (iii) for a period of two years one year following the Termination Date, hire or participate in the hiring by any Person of an employee of the Corporation. In order to assure strict compliance with the foregoing, and in recognition of the compensation to be paid by Employer Corporation to Executive on the termination of this Agreement, Executive grants to Employer the sole and absolute right to determine whether any employment or services anticipated to be undertaken by Executive during said period of time as outlined above, is or may be in violation of the foregoing provisions and Executive agrees to notify EmployerCorporation, in writing, fourteen (14) days prior to undertaking any employment or services within the said time period, regardless of the nature thereof, of the name and address of any such intended employerCorporation, proposed job title, proposed job description and salary, and the business of the prospective employer. If, within such fourteen (14) day period, Employer shall object on reasonable grounds to such anticipated employment in writing to Executive, Executive agrees not to accept the same or in any manner directly or indirectly render services to any such prospective employer.,

Appears in 1 contract

Samples: Employment Agreement (Perfumania Com Inc)

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