Nonsolicitation Covenants. (a) During the term of the Executive’s employment with the Company and during the Post-Termination Period, the Executive will not, directly or indirectly, individually or as a consultant to, or as an employee, officer, stockholder, director or other owner or participant in any business, influence or attempt to influence customers, patients, referral sources, vendors, suppliers, licensors, lessors, joint venturers, associates, consultants, agents, or partners of the Company Group, either directly or indirectly, to divert their business away from the Company Group, to any individual, partnership, firm, corporation or other entity then in competition with the business of any entity within the Company Group, and the Executive will not otherwise interfere with, disrupt or attempt to disrupt the business relationships, contractual or otherwise, between the Company, any of its respective affiliates or subsidiaries, and any customers, suppliers, vendors, lessors, licensors, joint venturers, associates, officers, employees, consultants, managers, partners, members of or investors in any entity within the Company Group.
(b) During the term of the Executive’s employment with the Company and during the Post-Termination Period, the Executive will not on behalf of any individual or entity (other than the Company Group) directly or indirectly (i) induce, encourage or otherwise solicit (or assist in soliciting) any person who is an employee, independent contractor, consultant or business partner of any entity within the Company Group to terminate his, her or its employment relationship, contract, consulting relationship or partnership arrangement with such entity to accept any other employment or position; or (ii) assist any other entity in hiring any such employee, independent contractor, consultant or business partner.
Nonsolicitation Covenants. As used herein, the term "Restrictive Period" means the time period commencing on the Effective Date of this Agreement and ending on the second (2nd) anniversary of the date on which the Employee's employment by the Company (or any Related Entity) expires or is terminated for any reason, including both a termination by the Company for Cause and Not for Cause. In addition, the term "Covered Business" means any business which is the same as, or similar to, any business conducted by the Company or any of the Related Entities at any time during the Restrictive Period. The Employee agrees that the Employee will not engage in any of the following acts anywhere in the world during the Restrictive Period:
Nonsolicitation Covenants. As used herein, the term “Restrictive Period” means the time period commencing on the Effective Date and ending on the second (2nd) anniversary of the date on which the Employee’s employment by the Company (or any Related Entity) terminates for any reason, including both a termination by the Company for Cause and Not for Cause. In addition, the term “Covered Business” means any business which is the same or similar to, any business conducted by the Company or any of the Related Entities at any time during the Restrictive Period. The Employee agrees that the Employee will not engage in any of the following acts anywhere in the world during the Restrictive Period:
Nonsolicitation Covenants a. Gold and Producer shall not, respectively, during the term of this Agreement or at any time within two years of the effective date of the termination of this Agreement (whether this Agreement is terminated by Gold, by Producer or by mutual consent, and for whatever reason or for no reason), directly or indirectly, solicit or contact any employee of the other for purposes of employing or otherwise retaining such employee without the express prior written consent of the other, which consent may be withheld in Gold’s or Producer’s, as the case may be, sole discretion. This Section 21 shall not, however, prohibit general, nontargeted solicitation such as general advertisements.
Nonsolicitation Covenants. As used herein, the term “Restrictive Period” means the time period commencing on the Effective Date of this Agreement and ending on the second (2nd) anniversary of the date on which the Consulting Term expires or is terminated. In addition, the term “Covered Business” means any business which is the same as, or similar to, any business conducted by the Company or any of the Related Entities at any time during the Restrictive Period. The Consultant agrees that the Consultant will not engage in any of the following acts anywhere in the world during the Restrictive Period:
Nonsolicitation Covenants. During the Restricted Period (as defined above), Employee shall not, directly or indirectly, for his or her own account or on behalf of, or with, any other person or entity, do any of the following except on behalf of the Company Group:
(a) solicit, or assist in the solicitation of, or accept business from (with or without solicitation), any person or entity that either is or has been a client of the Company Group within the prior twenty-four (24) months for the purpose of selling, providing or soliciting to sell or provide any product or service of a Competing Business;
(b) solicit, or assist in the solicitation of, or accept business from (with or without solicitation), any person or entity that either is or has been a prospective client of the Company Group within the prior twenty-four (24) months for the purpose of selling, providing or soliciting to sell or provide any product or service of a Competing Business;
(c) solicit, or assist in the solicitation of, any person who either is or has been an employee, producer or independent contractor of the Company Group within the prior six (6) months for the purpose of inducing such person to terminate his or her employment or relationship with the Company Group in order to work for Employee or any other person or entity, whether or not a Competing Business, or hire or offer to hire any such person;
(d) acquire or attempt to acquire, or enter into a joint venture with, any business or enterprise which the Company Group had identified during the period that Employee was employed or engaged by the Company Group as a prospective acquisition or joint venture target, or cause, induce, solicit, or attempt to cause or induce or solicit any such prospective acquisition or joint venture target to consummate any acquisition, joint venture, investment or other similar transaction with any person or entity other than the Company Group; or
(e) interfere with, or attempt to interfere with, any business relationship (whether formed before, on or after the date of this Agreement) between the Company Group and any of their clients, suppliers, insurers, landlords, partners, members, investors, or other persons or entities with which they have a business relationship, including persuading or attempting to persuade any such person or entity to cease to do business with the Company Group, reduce the amount of business that it historically has done with the Company Group, or otherwise adversely alter its business relationship wit...
Nonsolicitation Covenants. Gold and Producer shall not, respectively, during the term of this Agreement or at any time within one year of the effective date of the termination of this Agreement (whether this Agreement is terminated by Gold, by Producer or by mutual consent, and for whatever reason or for no reason), directly or indirectly, solicit or contact any employee of the other for purposes of employing or otherwise retaining such employee without the express prior written consent of the other, which consent may be withheld in Gold’s or Producer’s, as the case may be, sole discretion. This paragraph shall not, however, prohibit general, nontargeted solicitation such as general advertisements. Without limiting the preceding paragraph or any other rights or remedies as may be available to Gold or Producer, as the case may be, if Gold or Producer, as the case may be, employs or otherwise engages any individual who was at any time during the term of this Agreement an employee of the other, Gold or Producer, as the case may be, shall, on the effective date of such employment or other engagement, pay the other an amount equal to the total salary and other compensation that was paid by the other to the individual during the individual’s last twelve months of employment or other service to the other.
Nonsolicitation Covenants. Executive agrees that, through the close of business on December 31, 2011, he shall not, directly or indirectly, for his own benefit or the benefit of any other person solicit, contact, approach, encourage, induce, or attempt to solicit, contact, approach, encourage, or induce any employee of Apogee or any Apogee Affiliated Company, to leave his or her employment. For purposes of this section, the terms “contact,” “approach,” “encourage,” “solicit” or “induce” shall not include general advertisements of employment opportunities that are not targeted solely to employees of Apogee or any Apogee Affiliated Company. Executive hereby acknowledges and agrees that the scope of prohibited activities and the duration of the provisions of this Section 14 are reasonable and are no broader than are necessary to protect the legitimate business interests of Apogee and the Apogee Affiliated Companies.
Nonsolicitation Covenants. (a) During the Restricted Period, Neustadt shall not directly or indirectly solicit, divert, or appropriate to or for any Competing Business (as defined in paragraph 3(a) above) the financial services business of any customer of the Company, or in any manner solicit or induce any customer, franchisee, supplier, or other person with a business relationship with the Company to cease that business relationship with the Company or to refuse in the future to conduct business with the Company. In this paragraph 4, “indirectly” is used as defined in paragraph 3(a) above.
(b) During the Restricted Period, Neustadt shall not directly or indirectly solicit, recruit, or employ any employee or regular consultant of the Company, or in any other manner attempt to induce any employee or regular consultant of the Company to leave the employ of the Company or cease his or her consulting or other business relationship with the Company, unless such person has not been employed by or provided consulting services to the Company at least 12 months before any solicitation, recruitment, or employment by Neustadt or any entity or enterprise with which Neustadt is in any way associated.
(c) Neustadt acknowledges and agrees that, in light of the Company’s covenants herein and other applicable circumstances, the restrictions imposed in this paragraph 4 are reasonable, are prompted by the Company’s desire to protect its legitimate business interests (including the Trade Secrets), and will not be unduly burdensome to him.
Nonsolicitation Covenants. (a) During the Restricted Period, MxXxxxx shall not directly or indirectly solicit, divert, or appropriate to or for any Competing Business (as defined in paragraph 3(a) above) the financial services business of any customer of the Company, or in any manner solicit or induce any customer, franchisee, supplier, or other person with a business relationship with the Company to cease that business relationship with the Company or to refuse in the future to conduct business with the Company. In this paragraph 4, “indirectly” is used as defined in paragraph 3(a) above.
(b) During the Restricted Period, MxXxxxx shall not directly or indirectly solicit, recruit, or employ any employee or regular consultant of the Company, or in any other manner attempt to induce any employee or regular consultant of the Company to leave the employ of the Company or cease his or her consulting or other business relationship with the Company, unless such person has not been employed by or provided consulting services to the Company at least 12 months before any solicitation, recruitment, or employment by MxXxxxx or any entity or enterprise with which MxXxxxx is in any way associated.
(c) MxXxxxx acknowledges and agrees that, in light of the Company’s covenants herein and other applicable circumstances, the restrictions imposed in this paragraph 4 are reasonable, are prompted by the Company’s desire to protect its legitimate business interests (including the Trade Secrets), and will not be unduly burdensome to him.
