Common use of Obligations of Employee Clause in Contracts

Obligations of Employee. During the Term, and for two (2) years thereafter, Employee will not in a competitive capacity (as defined in Section 10), on behalf of any person or entity other than Bank or any Affiliate, directly or indirectly: (i) solicit, divert (or attempt to solicit or divert) or accept business from any customer of Bank or any Affiliate; (ii) solicit, divert (or attempt to solicit or divert) or accept business from any customer of Bank or any Affiliate with whom Employee had contact (either directly or indirectly) or over which Employee had responsibility at any time in the one year preceding Employee’s separation, (iii) solicit, divert (or attempt to solicit or divert) or accept business from any customer of Bank or any Affiliate about whom Employee obtained Confidential Information; (iv) solicit, divert (or attempt to solicit or divert) or accept business from any identified prospective customer of Bank or any Affiliate; or (v) solicit, divert (or attempt to solicit or divert) or accept business from any identified prospective customer of Bank or any Affiliate with whom Employee had contact (either directly or indirectly) or over which Employee had responsibility at any time in the one year preceding Employee’s separation, (vi) solicit, divert (or attempt to solicit or divert) or accept business from any identified prospective customer of Bank or any Affiliate about whom Employee has obtained confidential or proprietary information; (vii) encourage, solicit, induce, or attempt to encourage, solicit or induce any employee, service provider, agent or representative of Bank or any Affiliate, who (a) has access to, or possesses, Confidential Information, trade secrets, or other knowledge regarding the Bank or any Affiliate that could give a competitor an unfair advantage, or (b) within the preceding two years, has serviced or established goodwill with the Bank’s customers or acquired confidential information about those customers, or (c) was someone Employee had worked with, or supervised in Employee’s last two-years of employment (hereafter defined as an “Individual”), to leave his/her employment or terminate his/her relationship with Bank or any Affiliate or devote less than full time efforts to Bank’s or an Affiliate’s business; or (viii) hire or attempt to hire, for any competitive or other position with any competitor or other business, any Individual who has been an employee of Bank or any Affiliate at any time within the preceding one year; provided, however, that Employee shall not be deemed to have violated this Section if an employee responds to a general advertisement for employment with the competitor.

Obligations of Employee. During the Term, and and, for two (2) years thereafter, Employee will not in a competitive capacity Competitive Capacity (as defined in Section 109), on behalf of any person or entity Person other than Bank or any Affiliate, directly or indirectly: (i) solicit, divert (or attempt to solicit or divert) or accept business from any customer of Bank or any Affiliate; (ii) solicitSolicit, divert (or attempt to solicit or divert) or accept business from any customer of Bank or any Affiliate with whom Employee had contact (either directly or indirectly) or over which Employee had responsibility at any time in the one year preceding Employee’s separation,; (iii) solicitSolicit, divert (or attempt to solicit or divert) or accept business from any customer of Bank or any Affiliate about whom Employee obtained Confidential Information; (iv) solicit, divert (or attempt to solicit or divert) or accept business from any identified prospective customer of Bank or any Affiliate; or; (v) solicitSolicit, divert (or attempt to solicit or divert) or accept business from any identified prospective customer of Bank or any Affiliate with whom Employee had contact (either directly or indirectly) or over which Employee had responsibility at any time in the one year preceding Employee’s separation,; (vi) solicitSolicit, divert (or attempt to solicit or divert) or accept business from any identified prospective customer of Bank or any Affiliate about whom Employee has obtained confidential or proprietary informationConfidential Information; (vii) encourage, solicit, induce, or attempt to encourage, solicit or induce any employee, service provider, agent or representative of Bank or any Affiliate, who (a) has access to, or possesses, Confidential Information, trade secrets, or other knowledge regarding the Bank or any Affiliate that could give a competitor an unfair advantage, or (b) within the preceding two years, has serviced or established goodwill with the Bank’s customers or acquired confidential information Confidential Information about those customers, or (c) was someone Employee had worked with, or supervised in Employee’s last two-two years of employment (hereafter defined as an “Individual”), to leave his/her employment or terminate his/her relationship with Bank or any Affiliate or devote less than full full-time efforts to Bank’s or an Affiliate’s business; or (viii) hire or attempt to hire, for any competitive or other position with any competitor or other business, any Individual who has been an employee of Bank or any Affiliate at any time within the preceding one year; provided, however, that Employee shall not be deemed to have violated this Section if an employee the individual responds to a general advertisement for employment with the competitorcompetitor that was not directed at the individual.

Obligations of Employee. During the Term, and for two (2) years thereafter, Employee will not in a competitive capacity Competitive Capacity (as defined in Section 10), on behalf of any person or entity Person other than Bank or any Affiliate, directly or indirectly: (i) solicit, divert (or attempt to solicit or divert) or accept business from any customer of Bank or any Affiliate; (ii) solicit, divert (or attempt to solicit or divert) or accept business from any customer of Bank or any Affiliate with whom Employee had contact (either directly or indirectly) or over which Employee had responsibility at any time in the one year preceding Employee’s separation, (iii) solicit, divert (or attempt to solicit or divert) or accept business from any customer of Bank or any Affiliate about whom Employee obtained Confidential Information; (iv) solicit, divert (or attempt to solicit or divert) or accept business from any identified prospective customer of Bank or any Affiliate; or; (v) solicit, divert (or attempt to solicit or divert) or accept business from any identified prospective customer of Bank or any Affiliate with whom Employee had contact (either directly or indirectly) or over which Employee had responsibility at any time in the one year preceding Employee’s separation,; (vi) solicit, divert (or attempt to solicit or divert) or accept business from any identified prospective customer of Bank or any Affiliate about whom Employee has obtained confidential or proprietary informationConfidential Information; (vii) encourage, solicit, induce, or attempt to encourage, solicit or induce any employee, service provider, agent or representative of Bank or any Affiliate, who (a) has access to, or possesses, Confidential Information, trade secrets, or other knowledge regarding the Bank or any Affiliate that could give a competitor an unfair advantage, or (b) within the preceding two years, has serviced or established goodwill with the Bank’s customers or acquired confidential information Confidential Information about those customers, or (c) was someone Employee had worked with, or supervised in Employee’s last two-years of employment (hereafter defined as an “Individual”), to leave his/her employment or terminate his/her relationship with Bank or any Affiliate or devote less than full time efforts to Bank’s or an Affiliate’s business; or (viii) hire or attempt to hire, for any competitive or other position with any competitor or other business, any Individual who has been an employee of Bank or any Affiliate at any time within the preceding one year; provided, however, that Employee shall not be deemed to have violated this Section if an employee the Individual responds to a general advertisement for employment with the competitorcompetitor that was not directed at the Individual.

Obligations of Employee. During the Term, and for two one (21) years year thereafter, Employee will not in a competitive capacity (as defined in Section 10), on behalf of any person or entity other than Bank or any Affiliate, directly or indirectly: (i) solicit, divert (or attempt to solicit or divert) or accept business from any customer of Bank or any Affiliate; (ii) solicit, divert (or attempt to solicit or divert) or accept business from any customer of Bank or any Affiliate with whom Employee had contact (either directly or indirectly) or over which Employee had responsibility at any time in the one year preceding Employee’s separation, (iii) solicit, divert (or attempt to solicit or divert) or accept business from any customer of Bank or any Affiliate about whom Employee obtained Confidential Information; (iv) solicit, divert (or attempt to solicit or divert) or accept business from any identified prospective customer of Bank or any Affiliate; or (v) solicit, divert (or attempt to solicit or divert) or accept business from any identified prospective customer of Bank or any Affiliate with whom Employee had contact (either directly or indirectly) or over which Employee had responsibility at any time in the one year preceding Employee’s separation, (vi) solicit, divert (or attempt to solicit or divert) or accept business from any identified prospective customer of Bank or any Affiliate about whom Employee has obtained confidential or proprietary information; (vii) encourage, solicit, induce, or attempt to encourage, solicit or induce any employee, service provider, agent or representative of Bank or any Affiliate, who (a) has access to, or possesses, Confidential Information, trade secrets, or other knowledge regarding the Bank or any Affiliate that could give a competitor an unfair advantage, or (b) within the preceding two years, has serviced or established goodwill with the Bank’s customers or acquired confidential information about those customers, or (c) was someone Employee had worked with, or supervised in Employee’s last two-–years of employment (hereafter defined as an “Individual”), to leave his/her employment or terminate his/her relationship with Bank or any Affiliate or devote less than full time efforts to Bank’s or an Affiliate’s business; or (viii) hire or attempt to hire, for any competitive or other position with any competitor or other business, any Individual who has been an employee of Bank or any Affiliate at any time within the preceding one year; provided, however, that Employee shall not be deemed to have violated this Section if an employee responds to a general advertisement for employment with the competitor.

Obligations of Employee. During the Term, and for two (2) years thereafter, Employee will not in a competitive capacity Competitive Capacity (as defined in Section 10), on behalf of any person or entity Person other than Bank or any Affiliate, directly or indirectly: (i) solicit, divert (or attempt to solicit or divert) or accept business from any customer of Bank or any Affiliate; (ii) solicit, divert (or attempt to solicit or divert) or accept business from any customer of Bank or any Affiliate with whom Employee had contact (either directly or indirectly) or over which Employee had responsibility at any time in the one year preceding Employee’s separation, (iii) solicit, divert (or attempt to solicit or divert) or accept business from any customer of Bank or any Affiliate about whom Employee obtained Confidential Information; (iv) solicit, divert (or attempt to solicit or divert) or accept business from any identified prospective customer of Bank or any Affiliate; or (v) solicit, divert (or attempt to solicit or divert) or accept business from any identified prospective customer of Bank or any Affiliate with whom Employee had contact (either directly or indirectly) or over which Employee had responsibility at any time in the one year preceding Employee’s separation, (vi) solicit, divert (or attempt to solicit or divert) or accept business from any identified prospective customer of Bank or any Affiliate about whom Employee has obtained confidential or proprietary informationConfidential Information; (vii) encourage, solicit, induce, or attempt to encourage, solicit or induce any employee, service provider, agent or representative of Bank or any Affiliate, who (a) has access to, or possesses, Confidential Information, trade secrets, or other knowledge regarding the Bank or any Affiliate that could give a competitor an unfair advantage, or (b) within the preceding two years, has serviced or established goodwill with the Bank’s customers or acquired confidential information Confidential Information about those customers, or (c) was someone Employee had worked with, or supervised in Employee’s last two-years of employment (hereafter defined as an “Individual”), to leave his/her employment or terminate his/her relationship with Bank or any Affiliate or devote less than full time efforts to Bank’s or an Affiliate’s business; or (viii) hire or attempt to hire, for any competitive or other position with any competitor or other business, any Individual who has been an employee of Bank or any Affiliate at any time within the preceding one year; provided, however, that Employee shall not be deemed to have violated this Section if an employee Individual responds to a general advertisement for employment with the competitorcompetitor that was not directed to the Individual.