Common use of NONSOLICITATION; CUSTOMERS Clause in Contracts

NONSOLICITATION; CUSTOMERS. Employee agrees that, during the Term of this Agreement and for one (1) year after the expiration or the effective date of a termination for any reason, Employee will not solicit customers or clients of the Company, or its subsidiaries, with a view to interfering or competing with the business of the Company or its subsidiaries or providing any product or service that is provided by the Company or its subsidiaries. Notwithstanding the foregoing, the restrictive covenants shall not prohibit (i) Employee from engaging in speaking and seminar engagements, or (ii) the ownership of securities of corporations which are listed on a national securities exchange or traded in the national over-the-counter market in an amount which shall not exceed 5% of the outstanding shares of any such corporation. The parties agree that the Company may sell, assign or otherwise transfer this covenant not to compete, in whole or in part, to any person, corporation, firm or entity that purchases all or substantially all of the Company’s assets (and assumes the obligations of the Company) or stock. In the event a court of competent jurisdiction determines that the provisions of the restrictive covenants are excessively broad as to duration, geographical scope or activity, it is expressly agreed that the restrictive covenants shall be construed so that the remaining provisions shall not be affected, but shall remain in full force and effect, and any such over broad provisions shall be deemed, without further action on the part of any person, to be modified, amended and/or limited, but only to the extent necessary to render the same valid and enforceable in such jurisdiction.

Appears in 1 contract

Samples: Employment Agreement (Compass Knowledge Holdings Inc)

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NONSOLICITATION; CUSTOMERS. Employee agrees that, during -------------------------- the Term of this Agreement and for one two (12) year years after the expiration or the effective date of a termination for any reasonTermination For Cause, Employee will not solicit customers or clients patients of the Company, its parent company or its their subsidiaries, with a view to interfering or competing with the business of the Company Company, its parent company or its their subsidiaries or providing any product or service that is provided by the Company Company, its parent company or its their subsidiaries. Notwithstanding the foregoing, the restrictive covenants shall not prohibit (i) Employee from engaging in speaking and seminar engagements, or (ii) the ownership of securities of corporations which are listed on a national securities exchange or traded in the national over-the-counter market in an amount which shall not exceed 5% of the outstanding shares of any such corporation. The parties agree that the Company may sell, assign or otherwise transfer this covenant not to compete, in whole or in part, to any person, corporation, firm or entity that purchases all or substantially all of the Company’s 's assets (and assumes the obligations of the Company) or stock. In the event a court of competent jurisdiction determines that the provisions of the restrictive covenants are excessively broad as to duration, geographical scope or activity, it is expressly agreed that the restrictive covenants shall be construed so that the remaining provisions shall not be affected, but shall remain in full force and effect, and any such over broad provisions shall be deemed, without further action on the part of any person, to be modified, amended and/or limited, but only to the extent necessary to render the same valid and enforceable in such jurisdiction.

Appears in 1 contract

Samples: Employment Agreement (Compass Knowledge Holdings Inc)

NONSOLICITATION; CUSTOMERS. Employee agrees that, during the Term of this Agreement and for one (1) year after the expiration or the effective date of a termination for any reason, Employee will not solicit customers or clients of the Company, or its subsidiaries, with a view to interfering or competing with the business of the Company or its subsidiaries or providing any product or service that is provided by the Company or its subsidiaries. Notwithstanding the foregoing, the restrictive covenants shall not prohibit (i) Employee from engaging in speaking and seminar engagements, or (ii) the ownership of securities of corporations which are listed on a national securities exchange or traded in the national over-the-counter market in an amount which shall not exceed 5% of the outstanding shares of any such corporation. The parties agree that the Company may sell, assign or otherwise transfer this covenant not to compete, in whole or in part, to any person, corporation, firm or entity that purchases all or substantially all of the Company’s 's assets (and assumes the obligations of the Company) or stock. In the event a court of competent jurisdiction determines that the provisions of the restrictive covenants are excessively broad as to duration, geographical scope or activity, it is expressly agreed that the restrictive covenants shall be construed so that the remaining provisions shall not be affected, but shall remain in full force and effect, and any such over broad provisions shall be deemed, without further action on the part of any person, to be modified, amended and/or limited, but only to the extent necessary to render the same valid and enforceable in such jurisdiction.

Appears in 1 contract

Samples: Employment Agreement (Compass Knowledge Holdings Inc)

NONSOLICITATION; CUSTOMERS. Employee agrees that, during the Term of this Agreement and for one two (12) year years after the expiration or the effective date Effective Termination Date of a termination for any reasonTermination For Cause, Employee will not solicit customers customers, clients or clients patients of the Company, CCI or its subsidiariesany subsidiary of the Company, with a view to interfering or competing with the business of the Company Company, CCI or its any of their subsidiaries or providing any product or service that is provided by the Company Company, CCI or its any of their subsidiaries. Notwithstanding the foregoing, the restrictive covenants shall not prohibit (i) Employee from engaging in speaking and seminar engagements, or (ii) the ownership of securities of corporations which are listed on a national securities exchange or traded in the national over-the-counter market in an amount which shall not exceed 5% of the outstanding shares of any such corporation. The parties agree that the Company and CCI may sell, assign or otherwise transfer this covenant not to compete, in whole or in part, to any person, corporation, firm or entity that purchases all or substantially all of the Company’s 's or CCI's assets (and assumes the obligations of the Company) or stock. In the event a court of competent jurisdiction determines that the provisions of the restrictive covenants are excessively broad as to duration, geographical scope or activity, it is expressly agreed that the restrictive covenants shall be construed so that the remaining provisions shall not be affected, but shall remain in full force and effect, and any such over broad provisions shall be deemed, without further action on the part of any person, to be modified, amended and/or limited, but only to the extent necessary to render the same valid and enforceable in such jurisdiction.

Appears in 1 contract

Samples: Employment Agreement (Medical Industries of America Inc)

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NONSOLICITATION; CUSTOMERS. Employee agrees that, during the Term of this Agreement and for one two (12) year years after the expiration or the effective date of a termination for any reasonTermination For Cause, Employee will not solicit customers or clients of the Company, its parent company or its their subsidiaries, with a view to interfering or competing with the business of the Company Company, its parent company or its their subsidiaries or providing any product or service that is provided by the Company Company, its parent company or its their subsidiaries. Notwithstanding the foregoing, the restrictive covenants shall not prohibit (i) Employee from engaging in speaking and seminar engagements, or (ii) the ownership of securities of corporations which are listed on a national securities exchange or traded in the national over-the-counter market in an amount which shall not exceed 5% of the outstanding shares of any such corporation. The parties agree that the Company may sell, assign or otherwise transfer this covenant not to compete, in whole or in part, to any person, corporation, firm or entity that purchases all or substantially all of the Company’s 's assets (and assumes the obligations of the Company) or stock. In the event a court of competent jurisdiction determines that the provisions of the restrictive covenants are excessively broad as to duration, geographical scope or activity, it is expressly agreed that the restrictive covenants shall be construed so that the remaining provisions shall not be affected, but shall remain in full force and effect, and any such over broad provisions shall be deemed, without further action on the part of any person, to be modified, amended and/or limited, but only to the extent necessary to render the same valid and enforceable in such jurisdiction.

Appears in 1 contract

Samples: Employment Agreement (Compass Knowledge Holdings Inc)

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