Nonsolicitation of Clients and Customers. The Employee agrees that during the Restriction Period, the Employee will not, either directly or through others, accept solicit, divert or appropriate, or attempt to accept, solicit, divert or appropriate, any client or customer or actively sought prospective client or customer of the Company for the purpose of providing such client or customer or actively sought prospective client or customer with services or products competitive with those offered by the Company during the Employee’s employment with the Company.
Nonsolicitation of Clients and Customers. During the Noncompete Period, you must not, directly or indirectly, individually or on behalf of or in conjunction with any person or entity, solicit or assist in soliciting on behalf of any business in competition with the Company or any of its subsidiaries from any individual or entity who is a client or customer of the Company at the date your employment ends or within the six months before your employment ended with respect to products or services that are competitive with the products or services offered by the Company or contemplated to be offered by the Company at the date your employment ends or within the six months before your employment ended. For this purpose, "client or customer" includes persons or entities whose business the Company has solicited within the six months before your employment ended but who have not yet hired the Company. For the purposes of this subsection (c), the terms "customer" and "client" as applied to governmental agencies means the agency or department for which any of the products or services of the Company are sold or performed during the applicable period, any related program office, and any agency, department, or office that succeeds to the functions of any agency, department, or office to which the Company then provides or within the preceding 12 months provided goods or services (to the extent that the successor replaces part or all of the customer or client to which the Company provided goods or services).
Nonsolicitation of Clients and Customers. During employment, the duty of loyalty does not allow em- ployees to start soliciting clients and customers, even if a notice of termination has been issued and the notice period is running. According to Swiss case law, a specific post-contractual non- solicitation covenant relating to clients and customers is subject to the same restrictions as a general post-contractual noncompetition covenant. Consequently, such a covenant has to fulfil all require- ments outlined in I.B.1. above. Generally speaking, it is very difficult to prohibit an em- ployee from soliciting any clients and customers of an employer because in most cases the damage potential is not high enough. However, a nonsolicitation of clients covenant is often valid (i) if the employee had access either to them or to their customer data or
Nonsolicitation of Clients and Customers. As a general matter, provisions regarding nonsolicitation of clients and customers are governed by the same legal regime as provisions regarding noncompetes discussed in 1. above. In this regard, the Unfair Contract Terms Act specifically refers to the right or freedom in pursuing an occupation or carrying out a juris- tic act related to trading or a professional business operation. There is no statutory distinction between prior clients of the employee and clients of the employer. However, employees who bring with them large or significant client bases will often ensure that provisions making it clear that their clients “belong” to them are included in their employment agreements. Likewise, employ- ers often seek to include similar provisions in agreements they negotiate. I.B.4. Thailand 80-7 3. Nonsolicitation of Employees As a general matter, nonsolicitation of employees is governed by the same legal regime as noncompetes discussed in 1. above. In this regard, the Unfair Contract Terms Act specifically refers to the right or freedom in pursuing an occupation or carrying out a juristic act related to trading or a professional business operation. The statute does not prescribe specific look-back periods, though it is possible that a nonsolicitation provision could be drafted in a way that would provide for the employee to be for- bidden from approaching the employees with whom he or she had contact within a certain period of time prior to the end of the employment relationship. With respect to such a clause, the same analysis would apply. The statute provides for nonsolicitation provisions to be applied equally to all employees, subject to the same analysis described above. There is no specific rule that addresses the en- forceability of provisions that would prohibit executives or di- rectors hiring employees of their former employers. Likewise the statute does not prevent the application of such provisions to lower-ranking employees, such as administrative assistants.
Nonsolicitation of Clients and Customers. The Executive agrees that during the Restriction Period, the Executive will not, either directly or through others, accept solicit, divert or appropriate, or attempt to accept, solicit, divert or appropriate, any client or customer or actively sought prospective client or customer of the Company for the purpose of providing such client or customer or actively sought prospective client or customer with services or products competitive with those offered by the Company during the Executive’s employment with the Company.
Nonsolicitation of Clients and Customers. Until February 10, 2001, Executive will not, directly or indirectly, either individually or as owner, partner, agent, employee, consultant or otherwise
