Common use of Nonsolicitation of Employees and Certain Other Third Parties Clause in Contracts

Nonsolicitation of Employees and Certain Other Third Parties. At all times during the Restricted Period, the Executive shall not, directly or indirectly, for himself or for any other person, firm, corporation, partnership, association or other entity (i) employ or attempt to employ or enter into any contractual arrangement with any employee, consultant or independent contractor performing services for the Company or its Subsidiaries, unless such employee, consultant or independent contractor has not been employed or engaged by the Company for a period in excess of six (6) months, provided, however, that the foregoing shall not be violated by general advertising not targeted at employees of the Company and its Subsidiaries (or any other entity directly or indirectly controlled by such entities) nor by serving as a reference upon request, and/or (ii) call on, solicit, or engage in business with, any of the actual or targeted prospective customers or clients of the Company or any of its Subsidiaries on behalf of any person or entity in connection with any Competitive Activity, nor shall the Executive make known the names and addresses of such actual or targeted prospective customers or clients, or any information relating in any manner to the trade or business relationships of the Company or any of its Subsidiaries with such customers or clients, other than in connection with the performance of the Executive’s duties to the Company or its Subsidiaries, and/or (iii) persuade or encourage or attempt to persuade or encourage any persons or entities with whom the Company or any of its Subsidiaries does business or has some business relationship to cease doing business or to terminate its business relationship with the Company or any of its Subsidiaries or to engage in any Competitive Activity on its own or with any competitor of the Company or any of its Subsidiaries.

Nonsolicitation of Employees and Certain Other Third Parties. At all times during the Restricted Period, the Executive shall not, directly or indirectly, for himself or for any other person, firm, corporation, partnership, association or other entity (i) employ or attempt to employ or enter into any contractual arrangement with any employee, consultant or independent individual contractor performing services for the Company Company, or its Subsidiariesany Related Entity, unless such employee, consultant or independent contractor contractor, has not been employed or engaged by the Company for a period in excess of six (6) months, provided, however, that the foregoing shall not be violated by general advertising not targeted at employees of the Company and its Subsidiaries (or any other entity directly or indirectly controlled by such entities) nor by serving as a reference upon request, and/or (ii) call on, solicit, or engage in business with, any of the actual or targeted prospective customers or clients of the Company or any of its Subsidiaries Related Entity on behalf of any person or entity in connection with any Competitive Activity, nor shall the Executive make known the names and addresses of such actual or targeted prospective customers or clients, or any information relating in any manner to the trade or business relationships of the Company or any of its Subsidiaries Related Entities with such customers or clients, other than in connection with the performance of the Executive’s duties to the Company or its Subsidiariesunder this Agreement, and/or (iii) persuade or encourage or attempt to persuade or encourage any persons or entities with whom the Company or any of its Subsidiaries Related Entity does business or has some business relationship to cease doing business or to terminate its business relationship with the Company or any of its Subsidiaries Related Entity or to engage in any Competitive Activity on its own or with any competitor of the Company or any of its SubsidiariesRelated Entity.

Nonsolicitation of Employees and Certain Other Third Parties. At all times during the Restricted Period, the Executive shall not, directly or indirectly, for himself or for any other person, firm, corporation, partnership, association or other entity (i) employ or attempt to employ or enter into any contractual arrangement with any employee, consultant or independent individual contractor performing services for the Company Company, or its Subsidiariesany Related Entity, unless such employee, consultant or independent contractor contractor, has not been employed or engaged by the Company for a period in excess of six (6) months, provided, however, that the foregoing shall not be violated by general advertising not targeted at employees of the Company and its Subsidiaries (or any other entity directly or indirectly controlled by such entities) nor by serving as a reference upon request, and/or (ii) call on, solicit, or engage in business with, any of the actual or targeted prospective customers or clients of the Company or any of its Subsidiaries Related Entity on behalf of any person or entity in connection with any Competitive Activity, nor shall the Executive make known the names and addresses of such actual or targeted prospective customers or clients, or any information relating in any manner to the trade or business relationships of the Company or any of its Subsidiaries Related Entities with such customers or clients, other than in connection with the performance of the Executive’s duties to the Company or its Subsidiariesunder this Agreement, and/or (iii) persuade or encourage or attempt to persuade or encourage any persons or entities with whom the Company or any of its Subsidiaries Related Entity does business or has some business relationship to cease doing business or to terminate its business relationship with the Company or any of its Subsidiaries Related Entity or to engage in any Competitive Activity on its own or with any competitor of the Company or any of its SubsidiariesRelated Entity.

Nonsolicitation of Employees and Certain Other Third Parties. At all times during the Restricted Period, the Executive shall not, directly or indirectly, for himself or for any other person, firm, corporation, partnership, association or other entity (i) employ or attempt to employ or enter into any contractual arrangement with any employee, consultant or independent contractor performing services for the Company Company, or its Subsidiariesany Related Entity, unless such employee, consultant employee or independent contractor contractor, has not been employed or engaged by the Company for a period in excess of six (6) months, provided, however, that the foregoing shall not be violated by general advertising not targeted at employees of the Company and its Subsidiaries (or any other entity directly or indirectly controlled by such entities) nor by serving as a reference upon request, and/or (ii) call on, solicit, or engage in business with, any of the actual or targeted prospective customers or clients of the Company or any of its Subsidiaries Related Entity on behalf of any person or entity in connection with any Competitive Activity, nor shall the Executive make known the names and addresses of such actual or targeted prospective customers or clients, or any information relating in any manner to the trade or business relationships of the Company or any of its Subsidiaries Related Entities with such customers or clients, other than in connection with the performance of the Executive’s duties to the Company or its Subsidiariesunder this Agreement, and/or (iii) persuade or encourage or attempt to persuade or encourage any persons or entities with whom the Company or any of its Subsidiaries Related Entity does business or has some business relationship to cease doing business or to terminate its business relationship with the Company or any of its Subsidiaries Related Entity or to engage in any Competitive Activity on its own or with any competitor of the Company or any Related Entity. Notwithstanding the above, nothing shall prevent the Executive from soliciting loans, investment capital, or the provision of its Subsidiariesmanagement services from third parties engaged in the Business if the activities of the Executive facilitated thereby do not otherwise adversely interfere with the operations of the Business.

Nonsolicitation of Employees and Certain Other Third Parties. At all times during the Restricted Period, the Executive shall not, directly or indirectly, for himself or for any other person, firm, corporation, partnership, association or other entity (i) employ or attempt to employ or enter into any contractual arrangement with any employee, consultant or independent contractor performing services for the Company or its SubsidiariesCompany, unless such employee, consultant or independent contractor has not been employed or engaged by the Company for a period in excess of six (6) months, provided, however, that the foregoing shall not be violated by general advertising not targeted at employees of the Company and its Subsidiaries (or any other entity directly or indirectly controlled by such entities) nor by serving as a reference upon request, Related Entity and/or (ii) call on, solicit, or engage in business with, any of the actual or targeted prospective customers or clients of the Company or any of its Subsidiaries Related Entity on behalf of any person or entity in connection with any Competitive Activity, nor shall the Executive make known the names and addresses of such actual or targeted prospective customers or clients, or any information relating in any manner to the trade or business relationships of the Company or any of its Subsidiaries Related Entities with such customers or clients, other than in connection with the performance of the Executive’s duties to under this Agreement; provided, however, that notwithstanding the foregoing provisions of clauses (i) and (ii), general solicitations of employment conducted by search or placement firms or published in a newspaper, over the internet or in another publication of general circulation and, in each case, not specifically directed towards such employee, manager, director, officer, representative, consultant, advisor or agent of the Company and/or its Related Parties shall not constitute a violation of clauses (i) or its Subsidiaries(ii) hereof, and/or (iii) persuade or encourage or attempt to persuade or encourage any persons or entities with whom the Company or any of its Subsidiaries Related Entity does business or has some business relationship to cease doing business or to terminate its business relationship with the Company or any of its Subsidiaries Related Entity or to engage in any Competitive Activity on its own or with any competitor of the Company or any Related Entity. For the avoidance of its Subsidiariesdoubt, the preceding sentence shall not be interpreted to permit any hiring, as opposed to solicitation, which is otherwise prohibited by this Section 7(b).

Nonsolicitation of Employees and Certain Other Third Parties. At During the Term of Employment and at all times during the Restricted Period, the Executive shall not, directly or indirectly, for himself or for any other person, firm, corporation, partnership, association or other entity (other than, during the Term of Employment, the Company, any Related Entity or other Person in connection with Executive’s duties on behalf of the Company): (i) employ or attempt to employ or enter into any contractual arrangement for services with any employee, consultant or independent contractor performing services for employee of the Company or its Subsidiaries, unless such employee, consultant or independent contractor has not been employed or engaged by the Company for a period in excess of six any Related Entity (6) months, provided, however, provided that the foregoing shall not be violated prohibit general solicitations that may reach any such employee or other inadvertent solicitations, communications or discussions with or relating to any such employee so long as the Executive reasonably promptly ceases any further such solicitations, communications or discussions upon then gaining actual awareness that such employee is covered by general advertising this Section and does not targeted at employees of the Company and its Subsidiaries (actually employ or any other entity directly or indirectly controlled by enter into a contractual arrangement for services with such entitiesemployee) nor by serving as a reference upon request, and/or (ii) call on, solicit, or engage in business with, any of the actual or targeted prospective customers or clients of the Company or any of its Subsidiaries on behalf of any person or entity in connection with any Competitive Activity, nor shall the Executive make known the names and addresses of such actual or targeted prospective customers or clients, or any information relating in any manner to the trade or business relationships of the Company or any of its Subsidiaries with such customers or clients, other than in connection with the performance of the Executive’s duties to the Company or its Subsidiaries, and/or (iii) persuade or encourage or attempt to persuade or encourage any persons or entities Persons with whom the Company or any of its Subsidiaries Related Entity does business or has some business relationship to reduce the amount of business, cease doing business or to terminate its business relationship with the Company or any of its Subsidiaries Related Entity or to engage in any Competitive Activity on its own or with any competitor of the Company or any Related Entity (provided that, for the avoidance of doubt, the foregoing shall not be deemed to prohibit the solicitation and hiring of, or other communications or business relations with, suppliers, customers, clients, distributors, contractors, funding sources, lenders or agents of the Company or other Persons with whom the Company or any Related Entity does business or has some business relationship with the Company or any Related Entity so long as it not done with the actual knowledge, purpose and intent to have such Person reduce the amount or type business, cease doing business, or to terminate its Subsidiariesbusiness relationship with the Company or any Related Entity or to engage in any Competitive Activity on its own or with any competitor of the Company or any Related Entity).

Nonsolicitation of Employees and Certain Other Third Parties. At all times during the Restricted Period, the Executive shall not, directly or indirectly, for himself or for any other person, firm, corporation, partnership, association or other entity (i) employ or attempt to employ or enter into any contractual arrangement with any employee, consultant or independent contractor performing services for the Company or its Subsidiaries, unless such employee, consultant or independent contractor has not been employed or engaged by the Company for a period in excess of six (6) months, provided, however, that the foregoing shall not be violated by general advertising not targeted at employees of the Company and its Subsidiaries (or any other entity directly or indirectly controlled by such entities) nor by serving as a reference upon request, and/or (ii) call on, solicit, or engage in business with, any of the actual or targeted prospective customers or clients of the Company or any of its Subsidiaries on behalf of any person or entity in connection with any Competitive Activity, nor shall the Executive make known the names and addresses of such actual or targeted prospective customers or clients, or any information relating in any manner to the trade or business relationships of the Company or any of its Subsidiaries with such customers or clients, other than in connection with the performance of the Executive’s duties to the Company or its Subsidiaries, and/or (iii) persuade or encourage or attempt to persuade or encourage any persons or entities with whom the Company or any of its Subsidiaries does business or has some business relationship to cease doing business or to terminate its business relationship with the Company or any of its Subsidiaries or to engage in any Competitive Activity on its own or with any competitor of the Company or any of its Subsidiaries. Notwithstanding the foregoing, or any other provision of this Agreement, it shall not be a breach or violation of this Agreement for the Executive to, directly or indirectly, for himself or for any other person, firm, corporation, partnership, association or other entity, employ or attempt to employ or enter into any contractual arrangement with Xxxxxx X. Xxxxxxxxxxxxx.