Non-Solicitation of Restricted Customers. During the Restricted Period, the Executive shall not, directly or indirectly, for the purpose of providing products or services competitive with those conducted, authorized, offered or provided by the Employer, solicit, market, service, contact, sell to or attempt to sell to any Restricted Customer.
(a) For purposes of this Section 6.4, a “Restricted Customer” is any person or entity:
(1) to whom the Executive sold products or services on behalf of the Company at any time during the Term, including sales performed while the Executive was in training; or
(2) to whom the Employer sold products or services and with whom the Executive had contact on behalf of the Employer in connection with such sale at any time during the Term; or
(3) to whom the Employer sold products or services at any time during the Term and which sale was made through any employee of the Employer whom the Executive directly or indirectly managed or supervised (at any level of management or supervision); or
(4) with regard to whom, at any time during the Term, the Executive (or any employee of the Employer whom the Executive directly or indirectly managed or supervised, at any level of management or supervision): (i) participated in the preparation of a written sales proposal or bid containing Confidential Information to such person or entity on behalf of the Employer; (ii) participated in the setting of prices, margins, or credit terms for such person or entity on behalf of the Employer; or (iii) used or received or created or reviewed any Confidential Information relating to such person or entity on behalf of the Employer; or
(5) who is, or functions as, a food broker or contract management company or group purchasing organization or otherwise represents one or more customers or negotiates on their behalf, and to whom or through whom Executive or any employee of the Employer whom the Executive directly or indirectly managed or supervised (at any level of management or supervision) sold products or services on behalf of the Employer at any time during the Term.
(b) Examples of indirect “solicitation, marketing, servicing, contacting, selling to or attempting to sell to” that are prohibited by this Section 6.4 include but are not limited to, providing Confidential Information to a person or entity that is competitive with the Employer regarding a Restricted Customer; advising or encouraging a Restricted Customer to reduce or cease doing business with the Employer or to do business with a...
Non-Solicitation of Restricted Customers. The Employee agrees that while employed by the Employer and for twelve (12) months after the last day of employment, regardless of the reason for termination of employment, the Employee shall not solicit a Restricted Customer for the sale or provision of goods and/or services. This paragraph is geographically limited to wherever any Restricted Customer can be found or is available for solicitation, which the parties stipulate is a reasonable geographic area because of the scope of the Employer’s operations and the Employee’s employment with the Employer. The Employee may not avoid the purpose and intent of this paragraph by engaging in conduct within the geographically limited area from a remote location through means such as telecommunications, written correspondence, computer generated or assisted communications, or other similar methods.
Non-Solicitation of Restricted Customers. For a period of twenty-four (24) months immediately following the date of termination, you agree not to directly or indirectly market, sell or provide, or attempt to market, sell or provide, to any Restricted Customer (defined below) any products or services of the type marketed, sold or provided by you on behalf of Xxxxxxxxx during the twelve (12) month period immediately prior to the date of termination.
Non-Solicitation of Restricted Customers. The Executive agrees that during the Restricted Period, regardless of the reason for termination of employment, the Executive shall not, on behalf of a Competitive Business, directly or indirectly solicit, cause to be solicited, sell to, contact, supervise, assist, or otherwise be involved with the solicitation of, or do or otherwise attempt to do business with a Restricted Customer. This paragraph is geographically limited to wherever any Restricted Customer can be found or is available for solicitation, which the parties stipulate is a reasonable geographic area because of the scope of the Company’s operations and the Executive’s employment with the Company. The Executive may not avoid the purpose and intent of this paragraph by engaging in conduct within the geographically limited area from a remote location through means such as telecommunications, written correspondence, computer generated or assisted communications, or other similar methods.
Non-Solicitation of Restricted Customers. In accepting the benefits provided in this Agreement, and in consideration of those benefits, Employee agrees that for the twenty-four (24) month period following the Separation Date, Employee will not directly or indirectly solicit any Restricted Customer for the sale of products or services of the type marketed, sold or provided by the Company to the Restricted Customer during the twenty-four (24) month period immediately prior to the Separation Date. The term “Restricted Customer” means any individual or entity (i) for whom/which the Company sold or provided products or services and (ii) with whom/which Employee had contact on behalf of the Company, or about whom/which Employee acquired nonpublic or proprietary information as a result of Employee’s employment by the Company , in the case of both (i) and (ii), above, during the twenty-four (24) month period immediately prior to the Separation Date.
Non-Solicitation of Restricted Customers. During the Restricted Period, Executive shall not, within the Restricted Area, directly or indirectly (for Executive or any other Person, whether as an employee, owner, consultant, independent contractor, or in any other capacity) solicit, market, service, contact, sell to or attempt to sell to any of the below Person(s) for the purpose of providing products or services competitive with those conducted, authorized, offered or provided by the Rubicon Companies in connection with the Business of Rubicon:
(a) Any Persons with whom or which employee dealt on behalf of the Rubicon Companies during the Pre-Termination Period;
(b) Any Persons whose dealings with the Rubicon Companies were coordinated or supervised by Executive during the Pre-Termination Period;
(c) Any Persons about whom Executive obtained Confidential Information during the Pre-Termination Period; and
(d) Any Persons who received products or services authorized by a Rubicon Companies, the sale or provision of which results or resulted in compensation, commissions, or earnings for Executive during the Pre-Termination Period.
Non-Solicitation of Restricted Customers. Employee acknowledges that in his role as Vice President, Sales and Marketing and an executive officer of the Company, he oversaw, managed and had access to information regarding each of the past, current and potential clients and customers of the Company and its affiliates, and that such information is valuable proprietary information of the Company. Accordingly, during the remaining term of his employment with the Company and for a period of twenty-four (24) months following the Termination Date, Employee will not, directly or indirectly, except when acting with prior written authorization from a duly authorized Company officer, (i) solicit, divert or take away from any ExamWorks Company, or attempt to solicit, divert or take away from any ExamWorks Company, the business of any Restricted Customer for the purpose of aiding, assisting or supporting the sale of products or services that compete with those offered or provided by any ExamWorks Company in the Restricted Business, or (ii) persuade or attempt to persuade any Restricted Customer to terminate or modify such Restricted Customer’s relationship with any ExamWorks Company. The term “Restricted Customer” means a person or entity (or any employee or representative thereof) (i) that is or was a customer of an ExamWorks Company, (ii) to which any ExamWorks Company had submitted a request for proposal response, or (iii) with which an ExamWorks Company had held a meeting, in each case within the twelve (12) months preceding the Termination Date.
Non-Solicitation of Restricted Customers. In exchange for the promotion and corresponding salary and benefit increases contained in this Agreement and because of the Company’s legitimate business interest in protecting its substantial relationships with prospective or existing customers, vendors, and/or clients, during the Restricted Period, Executive shall not, within the Restricted Area, directly or indirectly (for Executive or any other Person, whether as an employee, owner, consultant, independent contractor, or in any other capacity) solicit, market, service, contact, sell to or attempt to sell to any of the below Person(s) for the purpose of providing products or services competitive with those conducted, authorized, offered or provided by the Rubicon Companies in connection with the Business of Rubicon:
(a) Any Persons with whom or which employee dealt on behalf of the Rubicon Companies during the Pre-Termination Period;
(b) Any Persons whose dealings with the Rubicon Companies were coordinated or supervised by Executive during the Pre-Termination Period;
(c) Any Persons about whom Executive obtained Confidential Information during the Pre-Termination Period; and
(d) Any Persons who received products or services authorized by a Rubicon Companies, the sale or provision of which results or resulted in compensation, commissions, or earnings for Executive during the Pre-Termination Period.
Non-Solicitation of Restricted Customers. In accepting the benefits provided in this Agreement, and in consideration of those benefits, Executive agrees that for the twenty-four (24) month period following the Date of Termination, or such longer period of non-solicitation as is included in any offer letter or other agreement between Executive and the Company to the extent allowed by applicable law, Executive will not directly or indirectly solicit any Restricted Customer for the sale of products or services of the type marketed, sold or provided by the Company to the Restricted Customer during the twenty-four (24) month period immediately prior to the Date of Termination.
Non-Solicitation of Restricted Customers. The Executive agrees that while employed by the Parent and for [eighteen (18)][twelve (12)]2 months after the last day of employment, regardless of the reason for termination of employment, the Executive shall not, on behalf of the Executive or a Competitive Business, directly or indirectly, solicit, cause to be solicited, sell to, contact, supervise, assist, or otherwise be involved with the solicitation of, or do or otherwise attempt to do business with a Restricted Customer related to a Competitive Business. The restrictions in this paragraph are geographically limited to wherever any Restricted Customer can be found or is available for solicitation, which the parties stipulate is a reasonable geographic area because of the national scope of the Company Group’s operations, the nature of the Executive’s engagement with the Parent and services to the Company Group, and the limited definition of Restricted Customers set forth herein. The Executive may not avoid the purpose and intent of this paragraph by engaging in conduct within the geographically limited area from a remote location through means such as telecommunications, written correspondence, computer generated or assisted communications, or other similar methods. Notwithstanding the foregoing, it shall not be a violation of this Section 4(b) for the Executive to place a generalized advertisement whether in writing, electronic, or otherwise not targeted directly or indirectly at Restricted Customers.
