Post-Termination Activities. (a) The Executive agrees that during his employment with the Company and for 12 months thereafter, the Executive will not, and will not cause others to: (i) solicit or induce or attempt to solicit or induce any employee or full time consultant of the Company (whether such person is presently employed by the Company or may later be employed), to leave the Company's employ or otherwise interfere with the employment relationship between any such person and the Company; (ii) solicit for competitive purposes, or attempt to divert, take away, any exclusive suppliers or customers of the Company or potential customers of the Company to whom the Company has made presentations seeking to establish business relationships during the Term, of which the Executive knew or should have known; or (iii) publicly disparage the Company, its operations, business, Board, directors, officers, management or employees; or [USi LOGO] (iv) compete with the Company or its subsidiaries in the ASP market anywhere in the United States; provided, however, that this clause (iv) shall not apply upon the Executive's termination by the Company without Cause or termination by the Executive for Good Reason. (b) In the event the terms of this Paragraph 7 shall be determined by any court of competent jurisdiction to be unenforceable by reason of its time period or geographic scope, the terms will be interpreted to extend only over the maximum period of time and geographic scope which the court determines are enforceable.
Appears in 1 contract
Sources: Executive Employment Agreement (Usinternetworking Inc)
Post-Termination Activities. (a) The Executive agrees that during his employment with the Company and for 12 months thereafter, the Executive will not, and will not permit or cause others to:
(i) solicit or induce or attempt to solicit or induce any employee or full time consultant of the Company (whether such person is presently employed by the Company or may later be employed), to leave the Company's ’s employ or otherwise interfere with the employment relationship between any such person and the Company;
(ii) solicit for competitive purposes, or attempt to divert, divert or take away, away any exclusive suppliers or customers clients of the Company or potential customers of the Company clients (but only those potential clients to whom the Company has made presentations seeking to establish business relationships during the Term, of which the Executive knew or should have known; or);
(iii) publicly disparage the Company, its operations, services, business, Board, directorsBoard of Directors, officers, management or employees; or [USi LOGO]or
(iv) compete with the Company or its subsidiaries in the ASP market anywhere in the United States; provided, however, that this clause (iv) shall not apply upon the Executive's ’s termination by the Company without Cause or termination by the Executive for Good Reason.
(b) In the event the terms of this Paragraph 7 shall be determined by any court of competent jurisdiction to be unenforceable by reason of its time period or geographic scope, the terms will be interpreted to extend only over the maximum period of time and geographic scope which the court determines are enforceable.
Appears in 1 contract
Sources: Executive Employment Agreement (Usinternetworking Inc)
Post-Termination Activities. (a) The Executive agrees that during his employment with the Company and for 12 months thereafter, the Executive will not, and will not cause others to:
(i) solicit or induce or attempt to solicit or induce any employee or full time consultant of the Company (whether such person is presently employed by the Company or may later be employed), to leave the Company's employ or otherwise interfere with the employment relationship between any such person and the Company;
(ii) solicit for competitive purposes, or attempt to divert, take away, any exclusive suppliers or customers of the Company or potential customers of the Company to whom the Company has made presentations seeking to establish business relationships during the Term, of which the Executive knew or should have known; or
(iii) publicly disparage the Company, its operations, business, Board, directors, officers, management or employees; or [USi LOGO]or
(iv) compete with the Company or its subsidiaries in the ASP market anywhere in the United States; provided, however, that this clause (iv) shall not apply upon the Executive's termination by the Company without Cause or termination by the Executive for Good Reason.
(b) In the event the terms of this Paragraph 7 shall be determined by any court of competent jurisdiction to be unenforceable by reason of its time period or geographic scope, the terms will be interpreted to extend only over the maximum period of time and geographic scope which the court determines are enforceable.
Appears in 1 contract
Sources: Executive Employment Agreement (Usinternetworking Inc)