Noncompetition and Noninterference. While employed with the Company or any of its affiliates and for a period of one year thereafter, the Employee, individually or collectively with any other person or entity, shall not: (i) without the prior written consent of the Company (which may be withheld at the Company's sole discretion), directly or indirectly own an interest in, manage, operate, join, control, or participate in the ownership, operation or control of, or be connected as a director, officer, employee, partner, consultant or permit his name to be used in connection with the following businesses or organizations that rent or lease construction or construction-related equipment within the United States, Canada and Mexico (collectively "the Territory"): Caterpillar, United Rental, Sunbelt Rentals and its parent Ashtead Group plc, XXXX Rental, Hertz, Volvo, National Equipment Services and Xxxxx Xxxxx Works or, in the alternative, any business or organization not listed above that rents or leases construction or construction-related equipment that has gross revenues of $100 million or more, or has a total employee base of 500 employees or more or that has plans to enter into the construction-related equipment rental or leasing business in the Territory; (ii) directly or indirectly call upon or solicit or divert or take away from the Company or any of its affiliates (including by divulging to any competitor or potential competitor of the Company) any person, firm, corporation, or other entity who is a customer of the Company or its affiliates and whom Executive had contact with through any of his employment with the Company; or (iii) directly or indirectly solicit employment of any employee of the Company or any employee of any affiliate of the Company for employment with any entity that rents or leases construction or construction-related equipment in the Territory.
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Samples: Employee Stock Subscription Agreement (RSC Holdings Inc.), Employee Stock Subscription Agreement (RSC Holdings III, LLC)
Noncompetition and Noninterference. While employed with the Company or any of its affiliates and for a period of one year thereafter, the Employee, individually or collectively with any other person or entity, shall not:
(i) without the prior written consent of the Company (which may be withheld at the Company's ’s sole discretion), directly or indirectly own an interest in, manage, operate, join, control, or participate in the ownership, operation or control of, or be connected as a director, officer, employee, partner, consultant or permit his name to be used in connection with the following businesses or organizations that rent or lease construction or construction-related equipment within the United States, Canada and Mexico (collectively "“the Territory"”): Caterpillar, United Rental, Sunbelt Rentals and its parent Ashtead Group plc, XXXX Rental, Hertz, Volvo, National Equipment Services and Xxxxx Xxxxx Works or, in the alternative, any business or organization not listed above that rents or leases construction or construction-related equipment that has gross revenues of $100 million or more, or has a total employee base of 500 employees or more or that has plans to enter into the construction-related equipment rental or leasing business in the Territory;
(ii) directly or indirectly call upon or solicit or divert or take away from the Company or any of its affiliates (including by divulging to any competitor or potential competitor of the Company) any person, firm, corporation, or other entity who is a customer of the Company or its affiliates and whom Executive had contact with through any of his employment with the Company; or
(iii) directly or indirectly solicit employment of any employee of the Company or any employee of any affiliate of the Company for employment with any entity that rents or leases construction or construction-related equipment in the Territory.
Appears in 1 contract
Samples: Employee Stock Subscription Agreement (RSC Equipment Rental, Inc.)
Noncompetition and Noninterference. While employed with the Company or any of its affiliates and for a period of one year thereafter, the EmployeeStockholder, individually or collectively with any other person or entity, shall not:
(i) without the prior written consent of the Company (which may be withheld at the Company's ’s sole discretion), directly or indirectly own an interest in, manage, operate, join, control, or participate in the ownership, operation or control of, or be connected as a director, officer, employee, partner, consultant or permit his name to be used in connection with the following businesses or organizations that rent or lease construction or construction-related equipment within the United States, Canada and Mexico (collectively "“the Territory"”): Caterpillar, United Rental, Sunbelt Rentals and its parent Ashtead Group plc, XXXX NXXX Rental, Hertz, Volvo, National Equipment Services and Xxxxx Mxxxx Xxxxx Works or, in the alternative, any business or organization not listed above that rents or leases construction or construction-related equipment that has gross revenues of $100 million or more, or has a total employee base of 500 employees or more or that has plans to enter into the construction-related equipment rental or leasing business in the Territory;
(ii) directly or indirectly call upon or solicit or divert or take away from the Company or any of its affiliates (including by divulging to any competitor or potential competitor of the Company) any person, firm, corporation, or other entity who is a customer of the Company or its affiliates and whom Executive had contact with through any of his employment with the Company; or
(iii) directly or indirectly solicit employment of any employee of the Company or any employee of any affiliate of the Company for employment with any entity that rents or leases construction or construction-related equipment in the Territory.
Appears in 1 contract
Samples: Separation and Release Agreement (RSC Holdings Inc.)