Common use of Non Solicitation of Customers Clients Clause in Contracts

Non Solicitation of Customers Clients. (a) Executive acknowledges that the special relationship of trust and confidence between him, Bank, and its clients and customers creates a high risk and opportunity for Executive to misappropriate the relationship and goodwill existing between Bank and its clients and customers. Executive further acknowledges and agrees that it is fair and reasonable for Bank to take steps to protect itself from the risk of such misappropriation. Executive further acknowledges that, at the outset of his employment with Bank and/or throughout his employment with Bank, Executive will be provided with access to and informed of Bank's Proprietary Information, which will enable him to benefit from Bank's goodwill and know-how. (b) Executive acknowledges that it would be inevitable in the performance of his duties as a director, officer, employee, investor, agent or consultant of any person, association, entity, or company which competes with Bank or Company, or which intends to or may compete with Bank or Company, to disclose and/or use Bank's Proprietary Information, as well as to misappropriate Bank's goodwill and know-how, to or for the benefit of such other person, association, entity, or company. Executive also acknowledges that, in exchange for the execution of the non-solicitation restriction set forth in this Section 7, he has received substantial, valuable consideration. Executive further acknowledges and agrees that this consideration constitutes fair and adequate consideration for the execution of the non-solicitation restriction set forth in this Section. (c) Ancillary to the enforceable promises set forth in this Agreement, as well as to protect the vital interests described in those Sections, Executive agrees that, while he is employed by Bank and for a period of one (1) year following the termination of his employment with the Bank, regardless of the reason for such termination, Executive will not, without the prior written consent of Bank, directly or indirectly, alone or for his own account, or as owner, partner, investor, member, trustee, officer, director, shareholder, employee, consultant, distributor, advisor, representative or agent of any partnership, joint venture, corporation, trust, or other business organization or entity, (i) solicit the banking business of any current customers of the Bank; (ii) acquire, charter, operate or enter into any franchise or other management agreement with any financial institution; (iii) serve as an officer, director, employee, agent or consultant to any financial institution, or (iv) establish or operate a branch or other office of a financial institution. within the city limits of or having its main office or a branch within fifty (50) miles of the main office of the Bank. (d) Executive agrees that the restriction set forth above is ancillary to an otherwise enforceable agreement, is supported by independent valuable consideration, and that the limitations as to time, geographical area, and scope of activity to be restrained by this Section are reasonable and acceptable, and do not impose any greater restraint than is reasonably necessary to protect the goodwill and other business interests of Bank. Executive agrees that if, at some later date, a court of competent jurisdiction determines that the non-solicitation agreement set forth in this Section does not meet the criteria set forth by applicable law, this Section may be reformed by the court and enforced to the maximum extent permitted under applicable law. Executive understands that his obligations under this Section shall not be assignable by him.

Non Solicitation of Customers Clients. (a) Executive acknowledges that the special relationship of trust and confidence between him, Bank, and its clients and customers creates a high risk and opportunity for Executive to misappropriate the relationship and goodwill existing between Bank and its clients and customers. Executive further acknowledges and agrees that it is fair and reasonable for Bank to take steps to protect itself from the risk of such misappropriation. Executive further acknowledges that, at the outset of his employment with Bank and/or throughout his employment with Bank, Executive will be provided with access to and informed of Bank's Proprietary Information, which will enable him to benefit from Bank's goodwill and know-how. (b) Executive acknowledges that it would be inevitable in the performance of his duties as a director, officer, employee, investor, agent or consultant of any person, association, entity, or company which competes with Bank or Company, or which intends to or may compete with Bank or Company, to disclose and/or use Bank's Proprietary Information, as well as to misappropriate Bank's goodwill and know-how, to or for the benefit of such other person, association, entity, or company. Executive also acknowledges that, in exchange for the execution of the non-solicitation restriction set forth in this Section 7, he has received substantial, valuable consideration. Executive further acknowledges and agrees that this consideration constitutes fair and adequate consideration for the execution of the non-solicitation restriction set forth in this Section. (c) Ancillary to the enforceable promises set forth in this Agreement, as well as to protect the vital interests described in those Sections, Executive agrees that, while he is employed by Bank and for a period of one (1) year following the termination of his employment with the Bank, regardless of the reason for such termination, Executive will not, without the prior written consent of Bank, directly or indirectly, alone or for his own account, or as owner, partner, investor, member, trustee, officer, director, shareholder, employee, consultant, distributor, advisor, representative or agent of any partnership, joint venture, corporation, trust, or other business organization or entity, (i) solicit the banking business of any current customers of the Bank; (ii) acquire, charter, operate or enter into any franchise or other management agreement with any financial institution; (iii) serve as an officer, director, employee, agent or consultant to any financial institution, or (iv) establish or operate a branch or other office of a financial institution. institution within the city limits of or having its main office or a branch within fifty twenty (5020) miles of the main office of the Bank. (d) . Executive agrees that the restriction set forth above is ancillary to an otherwise enforceable agreement, is supported by independent valuable consideration, and that the limitations as to time, geographical area, and scope of activity to be restrained by this Section are reasonable and acceptable, and do not impose any greater restraint than is reasonably necessary to protect the goodwill and other business interests of Bank. Executive agrees that if, at some later date, a court of competent jurisdiction determines that the non-solicitation agreement set forth in this Section does not meet the criteria set forth by applicable law, this Section may be reformed by the court and enforced to the maximum extent permitted under applicable law. Executive understands that his obligations under this Section shall not be assignable by him.

Non Solicitation of Customers Clients. (a) Executive acknowledges that the special relationship of trust and confidence between himher, Bank, and its clients and customers creates a high risk and opportunity for Executive to misappropriate the relationship and goodwill existing between Bank and its clients and customers. Executive further acknowledges and agrees that it is fair and reasonable for Bank to take steps to protect itself from the risk of such misappropriation. Executive further acknowledges that, at the outset of his her employment with Bank and/or throughout his her employment with Bank, Executive will be provided with access to and informed of Bank's Proprietary Information, which will enable him her to benefit from Bank's goodwill and know-how. (b) Executive acknowledges that it would be inevitable in the performance of his her duties as a director, officer, employee, investor, agent or consultant of any person, association, entity, or company which competes with Bank or Company, or which intends to or may compete with Bank or Company, to disclose and/or use Bank's Proprietary Information, as well as to misappropriate Bank's goodwill and know-how, to or for the benefit of such other person, association, entity, or company. Executive also acknowledges that, in exchange for the execution of the non-solicitation restriction set forth in this Section 7, he she has received substantial, valuable consideration. Executive further acknowledges and agrees that this consideration constitutes fair and adequate consideration for the execution of the non-solicitation restriction set forth in this Section. (c) Ancillary to the enforceable promises set forth in this Agreement, as well as to protect the vital interests described in those Sections, Executive agrees that, while he she is employed by Bank and for a period of one (1) year following the termination of his her employment with the Bank, regardless of the reason for such termination, Executive will not, without the prior written consent of Bank, directly or indirectly, alone or for his her own account, or as owner, partner, investor, member, trustee, officer, director, shareholder, employee, consultant, distributor, advisor, representative or agent of any partnership, joint venture, corporation, trust, or other business organization or entity, (i) solicit the banking business of any current customers of the Bank; (ii) acquire, charter, operate or enter into any franchise or other management agreement with any financial institution; (iii) serve as an officer, director, employee, agent or consultant to any financial institution, or (iv) establish or operate a branch or other office of a financial institution. institution within the city limits of or having its main office or a branch within fifty (50) miles of the main office of the Bank. (d) Executive agrees that the restriction set forth above is ancillary to an otherwise enforceable agreement, is supported by independent valuable consideration, and that the limitations as to time, geographical area, and scope of activity to be restrained by this Section are reasonable and acceptable, and do not impose any greater restraint than is reasonably necessary to protect the goodwill and other business interests of Bank. Executive agrees that if, at some later date, a court of competent jurisdiction determines that the non-solicitation agreement set forth in this Section does not meet the criteria set forth by applicable law, this Section may be reformed by the court and enforced to the maximum extent permitted under applicable law. Executive understands that his her obligations under this Section shall not be assignable by himher.

Non Solicitation of Customers Clients. (a) Executive acknowledges that the special relationship of trust and confidence between him, Bank, and its clients and customers creates a high risk and opportunity for Executive to misappropriate the relationship and goodwill existing between Bank and its clients and customers. Executive further acknowledges and agrees that it is fair and reasonable for Bank to take steps to protect itself from the risk of such misappropriation. Executive further acknowledges that, at the outset of his employment with Bank and/or throughout his employment with Bank, Executive will be provided with access to and informed of Bank's Proprietary Information, which will enable him to benefit from Bank's goodwill and know-how. (b) Executive acknowledges that it would be inevitable in the performance of his duties as a director, officer, employee, investor, agent or consultant of any person, association, entity, or company which competes with Bank or Company, or which intends to or may compete with Bank or Company, to disclose and/or use Bank's Proprietary Information, as well as to misappropriate Bank's goodwill and know-how, to or for the benefit of such other person, association, entity, or company. Executive also acknowledges that, in exchange for the execution of the non-solicitation restriction set forth in this Section 7, he has received substantial, valuable consideration. Executive further acknowledges and agrees that this consideration constitutes fair and adequate consideration for the execution of the non-solicitation restriction set forth in this Section. (c) Ancillary to the enforceable promises set forth in this Agreement, as well as to protect the vital interests described in those Sections, Executive agrees that, while he is employed by Bank and for a period of one (1) year following the termination of his employment with the Bank, regardless of the reason for such termination, Executive will not, without the prior written consent of Bank, directly or indirectly, alone or for his own account, or as owner, partner, investor, member, trustee, officer, director, shareholder, employee, consultant, distributor, advisor, representative or agent of any partnership, joint venture, corporation, trust, or other business organization or entity, (i) solicit the banking business of any current customers of the Bank; (ii) acquire, charter, operate or enter into any franchise or other management agreement with any financial institution; (iii) serve as an officer, director, employee, agent or consultant to any financial institution, or (iv) establish or operate a branch or other office of a financial institution. within the city limits of or having its main office or a branch within fifty (50) miles of the main office of the Bank. (d) Executive agrees that the restriction set forth above is ancillary to an otherwise enforceable agreement, is supported by independent valuable consideration, and that the limitations as to time, geographical area, and scope of activity to be restrained by this Section are reasonable and acceptable, and do not impose any greater restraint than is reasonably necessary to protect the goodwill and other business interests of Bank. Executive agrees that if, at some later date, a court of competent jurisdiction determines that the non-solicitation agreement set forth in this Section does not meet the criteria set forth by applicable law, this Section may be reformed by the court and enforced to the maximum extent permitted under applicable law. Executive understands that his obligations under this Section shall not be assignable by him.