Common use of Noncompetition; Nonsolicitation Clause in Contracts

Noncompetition; Nonsolicitation. (a) The Executive covenants and agrees that for a period commencing on the Effective Date and ending on the end of the 12-month period following the end of the Term of Employment, he shall not at any time, without the prior written consent of the Company, directly or indirectly, engage in a Competitive Activity. (b) The Executive covenants and agrees that for a period commencing on the Effective Date and ending on the end of the 12-month period following the end of the Term of Employment, he shall not at any time, directly or indirectly, solicit (i) any client or customer of the Company or any Subsidiary with respect to a Competitive Activity or (ii) any employee of the Company or any Subsidiary for the purpose of causing such employee to terminate his or her employment with the Company or such Subsidiary. (c) The Parties acknowledge that in the event of a breach or threatened breach of Section 13(a) and/or Section 13(b) above, the Company shall not have an adequate remedy at law. Accordingly, in the event of any breach or threatened breach of Section 13(a) and/or Section 13(b) above, the Company shall be entitled to such equitable and injunctive relief as may be available to restrain the Executive and any business, firm, partnership, individual, corporation or entity participating in the breach or threatened breach from the violation of the provisions of Section 13(a) and/or Section 13(b) above. Nothing in this Agreement shall be construed as prohibiting the Company from pursuing any other remedies available at law or in equity for breach or threatened breach of Section 13(a) and/or Section 13(b) above, including the recovery of damages.

Noncompetition; Nonsolicitation. (a) The Executive covenants and agrees that for a period commencing on during the Effective Date and ending on the end of the 12-month period following the end of the Term of Employment, Noncompetition Period he shall not at any time, without the prior written consent of the Company, Company directly or indirectly, engage in a Competitive Activity or call on, solicit or do business with any customer or client of the Company or any Subsidiary with respect to a Competitive Activity. (b) The Executive covenants and agrees that for a period commencing on during the Effective Date and ending on the end of the 12-month period following the end of the Term of Employment, Nonsolicitation Period he shall not at any time, directly or indirectly, solicit (i) for himself or for any client other person, firm, corporation, partnership, association or customer of the Company other entity, employ or any Subsidiary with respect attempt to a Competitive Activity or (ii) employ any employee of the Company or any Subsidiary (other than his personal administrative assistant(s)) for the purpose of causing such employee to terminate his or her employment with the Company or such Subsidiary. (c) The Parties acknowledge that in the event of a breach or threatened breach of Section 13(a14(a) and/or Section 13(b14(b) above, the Company shall not have an adequate remedy at law. Accordingly, and notwithstanding anything contained in this Agreement to the contrary, in the event of any breach or threatened breach of Section 13(a14(a) and/or Section 13(b14(b) above, the Company shall be entitled to seek such equitable and injunctive relief as may be available to restrain the Executive and any business, firm, partnership, individual, corporation or entity participating in the breach or threatened breach from the violation of the provisions of Section 13(a14(a) and/or Section 13(b14(b) above. Nothing in this Agreement shall be construed as prohibiting the Company from pursuing any other remedies available at law or in equity for breach or threatened breach of Section 13(a14(a) and/or Section 13(b14(b) above, including the recovery of damages.

Noncompetition; Nonsolicitation. (a) The Executive covenants and agrees that for a period commencing on during the Effective Date and ending on the end of the 12-month period following the end of the Term of Employment, Noncompetition Period he shall not at any time, without the prior written consent of the Company, Company directly or indirectly, engage in a Competitive Activity or call on, solicit or do business with any customer or client of the Company or any Subsidiary with respect to a Competitive Activity. (b) The Executive covenants and agrees that for a period commencing on during the Effective Date and ending on the end of the 12-month period following the end of the Term of Employment, Nonsolicitation Period he shall not at any time, directly or indirectly, solicit (i) for himself or for any client other person, firm, corporation, partnership, association or customer of the Company other entity, employ or any Subsidiary with respect attempt to a Competitive Activity or (ii) employ any employee of the Company or any Subsidiary (other than his personal administrative assistant(s)) for the purpose of causing such employee to terminate his or her employment with the Company or such Subsidiary. (c) The Parties acknowledge that in the event of a breach or threatened breach of Section 13(a15(a) and/or Section 13(b15(b) above, the Company shall not have an adequate remedy at law. Accordingly, and notwithstanding anything contained in this Agreement to the contrary, in the event of any breach or threatened breach of Section 13(a15(a) and/or Section 13(b15(b) above, the Company shall be entitled to seek such equitable and injunctive relief as may be available to restrain the Executive and any business, firm, partnership, individual, corporation or entity participating in the breach or threatened breach from the violation of the provisions of Section 13(a15(a) and/or Section 13(b15(b) above. Nothing in this Agreement shall be construed as prohibiting the Company from pursuing any other remedies available at law or in equity for breach or threatened breach of Section 13(a15(a) and/or Section 13(b15(b) above, including the recovery of damages.

Noncompetition; Nonsolicitation. (a) The Executive covenants and agrees that for a period commencing on during the Effective Date and ending on the end of the 12-month period following the end of the Term of Employment, Noncompetition/ Nonsolicitation Period he shall not at any time, without the prior written consent of the Company, directly or indirectly, engage in a Competitive Activity. (b) The Executive covenants and agrees that for a period commencing on during the Effective Date and ending on the end of the 12-month period following the end of the Term of Employment, Noncompetition/ Nonsolicitation Period he shall not at any time, directly or indirectly, solicit (i) any customer or client or customer of the Company or any Subsidiary subsidiary with respect to a Competitive Activity or (ii) any employee of the Company or any Subsidiary subsidiary for the purpose of causing such employee to terminate his or her employment with the Company or such Subsidiarysubsidiary. (c) The Parties acknowledge that in the event of a breach or threatened breach of Section Sections 12, 13(a) and/or Section 13(b) above, the Company will be irreparably harmed and shall not have an adequate remedy at law. Accordingly, in the event of any breach or threatened breach of Section Sections 12, 13(a) and/or Section 13(b) above, the Company shall be entitled entitled, without the necessity of posting a bond, to such equitable and injunctive relief as may be available from any court of competent jurisdiction to restrain the Executive and any business, firm, partnership, individual, corporation or entity participating in the breach or threatened breach from the violation of the provisions of Section Sections 12, 13(a) and/or Section 13(b) above. Nothing in this Agreement shall be construed as prohibiting the Company from pursuing any other remedies available at law or in equity from any court of competent jurisdiction for breach or threatened breach of Section Sections 13(a) and/or Section 13(b) above, including the recovery of damages.

Noncompetition; Nonsolicitation. (a) The Executive covenants and agrees that for a period commencing on during the Effective Date and ending on the end of the 12-month period following the end of the Term of Employment, Noncompetition Period he shall not at any time, without the prior written consent of the Company, Company directly or indirectly, engage in a Competitive Activity or call on, solicit or do business with any customer or client of the Company or any Subsidiary with respect to a Competitive Activity. (b) The Executive covenants and agrees that for a period commencing on during the Effective Date and ending on the end of the 12-month period following the end of the Term of Employment, Nonsolicitation Period he shall not at any time, directly or indirectly, solicit (i) for himself or for any client other person, firm, corporation, partnership, association or customer of the Company other entity, employ or any Subsidiary with respect attempt to a Competitive Activity or (ii) employ any employee of the Company or any Subsidiary (other than his personal administrative assistant(s)) for the purpose of causing such employee to terminate his or her employment with the Company or such Subsidiary. (c) The Parties acknowledge that in the event of a breach or threatened breach of Section 13(a) and/or Section 13(b) above, the Company shall not have an adequate remedy at law. Accordingly, and notwithstanding anything contained in this Agreement to the contrary, in the event of any breach or threatened breach of Section 13(a) and/or Section 13(b) above, the Company shall be entitled to seek such equitable and injunctive relief as may be available to restrain the Executive and any business, firm, partnership, individual, corporation or entity participating in the breach or threatened breach from the violation of the provisions of Section 13(a) and/or Section 13(b) above. Nothing in this Agreement shall be construed as prohibiting the Company from pursuing any other remedies available at law or in equity for breach or threatened breach of Section 13(a) and/or Section 13(b) above, including the recovery of damages.

Noncompetition; Nonsolicitation. (a) The Executive covenants and agrees that for a period commencing on during the Effective Date and ending on the end of the 12-month period following the end of the Term of Employment, Noncompetition/ Nonsolicitation Period he shall not at any time, without the prior written consent of the Company, directly or indirectly, engage in a Competitive Activity. (b) The Executive covenants and agrees that for a period commencing on during the Effective Date and ending on the end of the 12-month period following the end of the Term of Employment, Noncompetition/ Nonsolicitation Period he shall not at any time, directly or indirectly, solicit (ix) any customer or client or customer of the Company or any Subsidiary with respect to a Competitive Activity or (iiy) any employee of the Company or any Subsidiary for the purpose of causing such employee to terminate his or her employment with the Company or such Subsidiary. (c) The Parties acknowledge that in the event of a breach or threatened breach of Section 13(a) and/or Section 13(b) above, the Company shall not have an adequate remedy at law. Accordingly, and notwithstanding anything contained in this Agreement to the contrary, in the event of any breach or threatened breach of Section 13(a) and/or Section 13(b) above, the Company shall be entitled to such equitable and injunctive relief as may be available to restrain the Executive and any business, firm, partnership, individual, corporation or entity participating in the breach or threatened breach from the violation of the provisions of Section 13(a) and/or Section 13(b) above. Nothing in this Agreement shall be construed as prohibiting the Company from pursuing any other remedies available at law or in equity for breach or threatened breach of Section 13(a) and/or Section 13(b) above, including the recovery of damages.

Noncompetition; Nonsolicitation. (a) The Executive covenants and agrees that for a period commencing on during the Effective Date and ending on the end of the 12-month period following the end of the Term of Employment, he Noncompetition Period she shall not at any time, without the prior written consent of the Company, Company directly or indirectly, engage in a Competitive Activity or call on, solicit or do business with any customer or client of the Company or any Subsidiary with respect to a Competitive Activity. (b) The Executive covenants and agrees that for a period commencing on during the Effective Date and ending on the end of the 12-month period following the end of the Term of Employment, he Nonsolicitation Period she shall not at any time, directly or indirectly, solicit (i) for himself or for any client other person, firm, corporation, partnership, association or customer of the Company other entity, employ or any Subsidiary with respect attempt to a Competitive Activity or (ii) employ any employee of the Company or any Subsidiary (other than her personal administrative assistant(s)) for the purpose of causing such employee to terminate his her or her employment with the Company or such Subsidiary. (c) The Parties acknowledge that in the event of a breach or threatened breach of Section 13(a14(a) and/or Section 13(b14(b) above, the Company shall not have an adequate remedy at law. Accordingly, and notwithstanding anything contained in this Agreement to the contrary, in the event of any breach or threatened breach of Section 13(a14(a) and/or Section 13(b14(b) above, the Company shall be entitled to seek such equitable and injunctive relief as may be available to restrain the Executive and any business, firm, partnership, individual, corporation or entity participating in the breach or threatened breach from the violation of the provisions of Section 13(a14(a) and/or Section 13(b14(b) above. Nothing in this Agreement shall be construed as prohibiting the Company from pursuing any other remedies available at law or in equity for breach or threatened breach of Section 13(a14(a) and/or Section 13(b14(b) above, including the recovery of damages.

Noncompetition; Nonsolicitation. (a) The Executive covenants and agrees that for a period commencing on during the Effective Date and ending on the end of the 12-month period following the end of the Term of Employment, Noncompetition/ Nonsolicitation Period he shall not at any time, without the prior written consent of the Company, directly or indirectly, engage in a Competitive Activity. (b) The Executive covenants and agrees that for a period commencing on during the Effective Date and ending on the end of the 12-month period following the end of the Term of Employment, Noncompetition/ Nonsolicitation Period he shall not at any time, directly or indirectly, solicit (ix) any customer or client or customer of the Company or any Subsidiary with respect to a Competitive Activity or (iiy) any employee of the Company or any Subsidiary for the purpose of causing such employee to terminate his or her employment with the Company or such Subsidiary. (c) The Parties acknowledge that in the event of a breach or threatened breach of Section 13(a) and/or Section 13(b) above, the Company shall not have an adequate remedy at law. Accordingly, in the event of any breach or threatened breach of Section 13(a) and/or Section 13(b) aboveabove and notwithstanding anything to the contrary contained in Section 25 hereof, the Company shall be entitled entitled, upon legally sufficient proof thereof, to such equitable and injunctive relief as may be available from any court of competent jurisdiction to restrain the Executive and any business, firm, partnership, individual, corporation or entity participating in the breach or threatened breach from the violation of the provisions of Section 13(a) and/or Section 13(b) above. ; provided, however, that the Company shall never assert in any proceeding against the Executive any claims of "inevitable disclosure." Nothing in this Agreement (including Section 25 hereof) shall be construed as prohibiting the Company from pursuing any other remedies available at law or in equity from any court of competent jurisdiction for breach or threatened breach of Section 13(a) and/or Section 13(b) above, including the recovery of damages.

Noncompetition; Nonsolicitation. (a) The Executive covenants and agrees that for a period commencing on during the Effective Date and ending on the end of the 12-month period following the end of the Term of Employment, Noncompetition Period he shall not at any time, without the prior written consent of the Company, Company directly or indirectly, engage in a Competitive Activity or call on, solicit or do business with any customer or client of the Company or any Subsidiary with respect to a Competitive Activity.. [Missing Graphic Reference] (b) The Executive covenants and agrees that for a period commencing on during the Effective Date and ending on the end of the 12-month period following the end of the Term of Employment, Nonsolicitation Period he shall not at any time, directly or indirectly, solicit (i) for himself or for any client other person, firm, corporation, partnership, association or customer of the Company other entity, employ or any Subsidiary with respect attempt to a Competitive Activity or (ii) employ any employee of the Company or any Subsidiary (other than his personal administrative assistant(s)) for the purpose of causing such employee to terminate his or her employment with the Company or such Subsidiary. (c) The Parties acknowledge that in the event of a breach or threatened breach of Section 13(a14(a) and/or Section 13(b14(b) above, the Company shall not have an adequate remedy at law. Accordingly, and notwithstanding anything contained in this Agreement to the contrary, in the event of any breach or threatened breach of Section 13(a14(a) and/or Section 13(b14(b) above, the Company shall be entitled to seek such equitable and injunctive relief as may be available to restrain the Executive and any business, firm, partnership, individual, corporation or entity participating in the breach or threatened breach from the violation of the provisions of Section 13(a14(a) and/or Section 13(b14(b) above. Nothing in this Agreement shall be construed as prohibiting the Company from pursuing any other remedies available at law or in equity for breach or threatened breach of Section 13(a14(a) and/or Section 13(b14(b) above, including the recovery of damages.

Noncompetition; Nonsolicitation. (a) The Executive covenants and agrees that for a period commencing on the Effective Date and ending on the end of the 12-month period following the end of the Term of Employment, he shall not at any time, without the prior written consent of the Company, directly or indirectly, engage in a Competitive Activity. (b) The Executive covenants and agrees that for a period commencing on the -10- Effective Date and ending on the end of the 12-month period following the end of the Term of Employment, he shall not at any time, directly or indirectly, solicit (i) any client or customer of the Company or any Subsidiary with respect to a Competitive Activity or (ii) any employee of the Company or any Subsidiary for the purpose of causing such employee to terminate his or her employment with the Company or such Subsidiary. (c) The Parties acknowledge that in the event of a breach or threatened breach of Section 13(a) and/or Section 13(b) above, the Company shall not have an adequate remedy at law. Accordingly, in the event of any breach or threatened breach of Section 13(a) and/or Section 13(b) above, the Company shall be entitled to such equitable and injunctive relief as may be available to restrain the Executive and any business, firm, partnership, individual, corporation or entity participating in the breach or threatened breach from the violation of the provisions of Section 13(a) and/or Section 13(b) above. Nothing in this Agreement shall be construed as prohibiting the Company from pursuing any other remedies available at law or in equity for breach or threatened breach of Section 13(a) and/or Section 13(b) above, including the recovery of damages.