Prohibition Against Solicitation. For so long as Executive is employed by the Company or an Affiliate, and for a period of twenty-four (24) months thereafter, Executive shall not, directly or indirectly, solicit or otherwise communicate with any of the Company's and its Affiliates' current, former or prospective customers, investors, consultants and/or vendors (“Prohibited Person”) on Executive 's behalf or on behalf of any other person or entity for any Prohibited Purpose. The term "Prohibited Purpose" means the purpose of (1) causing such Prohibited Person(s) to terminate their professional or payment relationship with the Company and/or its Affiliates, and/or (2) engaging in any direct or indirect business transaction with a Prohibited Person other than in furtherance of the Company's and/or its Affiliates' Business purposes. A prospective customer, investor, consultant, or vendor is defined as any person or entity which the Company and/or its Affiliates have actively solicited or provided services to or which the Company and/or its Affiliates have utilized to seek investment, business expansion or growth, advise or assistance, or otherwise to expand or develop the Company's and/or its Affiliates' operations or resources during the twenty-four (24) months prior to termination of this Agreement. If any such Prohibited Person contacts Executive or Executive contacts a Prohibited Person for any Prohibited Purpose, Executive shall notify the Prohibited Person of the existence of this Agreement and shall notify the Company of such contact immediately.
Prohibition Against Solicitation. (a) During Executive’s employment with Company, and for two (2) years after Executive’s employment ends, Executive will not Solicit on behalf of any Principal Competitor, or any Competitor, any customers or potential customers of Company with whom Executive had Material Contact. In the event a court concludes that the above post-employment restriction is unreasonable, Executive will not Solicit on behalf of any Principal Competitor, or any Competitor, any customers or potential customers of Company with whom Executive had Material Contact for eighteen (18) months after Executive’s employment with Company ends.
(b) During Executive’s employment with Company, and for two (2) years after Executive’s employment ends, Executive will not Solicit any employee, consultant, agent or independent contractor of Company to obtain employment with or perform services for another person or entity including, but not limited to, a Principal Competitor or a Competitor, to the detriment of Company. This restriction is limited to any employee, consultant, agent or independent contractor of Company that Executive had contact with during Executive’s employment or with whom Executive had knowledge of by virtue of Executive’s access to Confidential Information. In the event a court concludes that the above post-employment restriction is unreasonable, Executive will not Solicit any employee, consultant, agent or independent contractor of Company to obtain employment with or perform services for another person or entity including, but not limited to, a Principal Competitor or a Competitor, to the detriment of Company for eighteen (18) months after Executive’s employment with Company ends.
Prohibition Against Solicitation. Unless otherwise agreed in writing by Physician and Practice, Physician will be restricted in the practice of teleradiology for the specified periods indicated below.
a. During the term of this Agreement and for a period of one (1) year thereafter, Physician shall not, subject only to the exclusions set forth in subparagraph (d) hereof, directly or indirectly, engage or participate, either individually or as an employee, contractor, consultant, principal, partner, agent, trustee, officer, director or shareholder of a corporation, partnership or other business entity, in any business that provides radiology services through the internet, or through a network accessible to the internet, to health care providers located in the United States.
b. During the term of this Agreement and for a period of two (2) years thereafter, Physician shall not, directly or indirectly participate, either individually or as an employee, contractor, consultant, principal, partner, agent, trustee, officer, director or shareholder of a corporation, partnership or other business entity, in any business that provides radiology services through network or the internet to health care providers that are Practice Clients during the time of Physician’s employment or which the Practice identified to Physician or contacted for purposes of engaging Physician’s services.
c. During the term of this Agreement, Physician shall not engage in the provision of teleradiology services during any scheduled work shifts for anyone other than the Practice.
d. Nothing in this Section 8.4 to the contrary withstanding, Physician (i) may hold less than 1% of the outstanding capital stock of a corporation whose securities are listed on any national securities exchange or quoted on the National Association of Securities Dealers Automated Quotation System or traded on the over-the-counter market, and (ii) may practice medicine, including teleradiology, in any U.S. State on a local basis. For purposes hereof, “local basis” means (i) the provision of services to patients located within 50 miles of Physician’s principal residence by whatever means or (ii) less than 20% of the Physician’s work load involves the electronic transmission or transportation of radiographs using the means and instrumentalities of interstate commerce, including the internet. Physician may be employee or partner of a practice headquartered in Minnesota, and provide any form of radiology coverage: (1) as long as the practice also provides o...
Prohibition Against Solicitation. (a) During his employment, and for a period of twenty-four (24) months after his employment ends, Employee will limit his activities relating to customers, potential customers, acquisition prospects, employees, consultants and independent contractors of the Company to the extent, and subject to the express limitations, provided in this Section 4.3. In the event a court concludes that twenty-four (24) months is an unreasonable period of time, Employee's obligations under this Section 4.3 will end eighteen (18) months after his employment ends.
(b) Employee will not Contact any customers, potential customers, or acquisition prospects of the Company that Employee generated, serviced, managed, contacted, or maintained at any time during the last twenty-four (24) months of his employment on behalf of any Principal Competitor, or any Competitor, that provides Non-hazardous Solid Waste Management services within forty (40) miles of any Facility.
(c) Employee will not, either directly or indirectly, raid, Solicit, attempt to Solicit, or induce, any employee of, consultant to, or independent contractor of, the Company to terminate his or her relationship with the Company in order to become an employee of, consultant to, independent contractor of: or act in any other way on behalf of, any other person or entity.
Prohibition Against Solicitation. During the term of the Employee's employment, whether pursuant to this Agreement, any automatic or other renewal hereof, or otherwise, and for a period of twenty-four (24) months following the termination of such employment consistent with the terms hereof, or the expiration of this Agreement or any extension thereto, the Employee shall not, directly or indirectly, solicit or otherwise communicate with any of the employees, vendors or customers of the Company with the purpose of causing such person or entity to terminate their employment or business relationship with the Company, as the case may be. In addition, the Employee agrees that during such period he/she shall not, directly or indirectly, (i) engage, employ, or otherwise hire any of the employees of the Company, or (ii) provide products or services to any person or entity who was a customer of, or is or was in substantive discussions with Company with respect to becoming a customer of Company.
Prohibition Against Solicitation. In recognition that Employee’s services rendered to Employer are of a special and unusual character which have a unique value to Employer, loss of which cannot adequately be compensated by damages in any action at law; in view of the unique value to Employer of the services of Employee and the Proprietary Information to be obtained by or disclosed to Employee as an employee of Employer; and as a material inducement to Employer to employ Employee, Employee covenants and agrees that from the date hereof until the one year anniversary following the termination of Employee’s employment with Employer for any reason (the “Restricted Period”), Employee will not, directly or indirectly, on behalf of any person, firm, partnership, corporation, association or entity:
(a) Call upon any of the customers of Employer who are such at the time of Employee’s termination for the purpose of soliciting or providing customers to any Competitive Business (as hereinafter defined); or
(b) Call upon any of the other employees, consultants or representatives of Employer who are such at the time of Employee’s termination or at any time during the Restricted Period for the purpose of soliciting or inducing or encouraging such employees, consultants or representatives to discontinue their relationship with Employer to establish a relationship with Employee or with any Competitive Business. For purposes of this Agreement, “Competitive Business” means the business of designing, developing, manufacturing, assembling or marketing radio frequency integrated circuit devices.
Prohibition Against Solicitation. During the term of Service Member’s provision of services to the Company, whether pursuant to this Agreement, any automatic or other renewal hereof, or otherwise, and for a period of eighteen (18) months following the termination of Service Member’s services, regardless of the reason for such termination, Service Member shall not, directly or indirectly, solicit or otherwise communicate with any of the Company’s current, former or prospective clients, customers, or investors on behalf of Service Member or on behalf of any other Person, firm, the Company, business, entity or corporation with the purpose of causing such persons to terminate their employment, professional or payment relationship with the Company, as the case may be. A prospective client, patient, customer, or investor is defined as any person, group or entity which the Company has actively solicited or provided services or goods to or which the Company has utilized to seek investment, business expansion or growth, advice or assistance, or otherwise to expand or develop the Company’s operations or resources during the twelve (12) months prior to termination of Service Member’s services pursuant to this Agreement.
Prohibition Against Solicitation. During the term of the Employee's employment, whether pursuant to this Agreement, any automatic or other renewal hereof, or otherwise, and for a period of twenty-four (24) months following the termination of such employment consistent with the terms hereof, or the expiration of this Agreement or any extension thereto, the Employee shall not, directly or indirectly, solicit or otherwise communicate with any of the employees or customers of the Employer with the purpose of causing such person or entity to terminate their employment or business relationship with the Employer, as the case may be. In addition, the Employee agrees that during such period he shall not, directly or indirectly, (x) engage, employ, or otherwise hire any of the employees of the Employer, or (y) provide products or services to any person or entity who was a customer of, or is or was in substantive discussions with Employer with respect to becoming a customer of Employer.
Prohibition Against Solicitation. (a) During the term of this Agreement, any Order or Statement of Work, and for a period of twelve (12) months following the termination of this Agreement, any Order or Statement of Work, regardless of the reason for such termination, neither party shall directly or indirectly, hire, retain, solicit, induce or attempt to induce any of the other’s employees or independent contractors to leave the employment or engagement of the party. The period of time during which a party is prohibited from engaging in certain business practices pursuant to this Section shall be extended by the length of time during which a party is in breach of such covenant.
(b) Each party understands that the restrictive covenant set forth in this Section is an essential element of this Agreement and that, but for the agreement to comply with such covenant, the parties would not enter into this Agreement, any Order or any Statement of Work. Each party acknowledges that the restrictive covenant in this Section: (i) is reasonable, appropriate, and necessary for the protection of the other when considered in light of the nature and extent of the Services rendered; and (ii) shall not result in an unreasonable deprivation of a party to earn a living. The existence of any claim or cause of action that may have shall not constitute a defense to the enforcement of the restrictive covenant contained in this Agreement.
(c) Each party acknowledges that any breach of this Section will irreparably harm the other and that damages at law shall be an insufficient remedy. Accordingly, in the event of a breach, or threatened breach, of this Section, each party is entitled to promptly seek injunctive relief, without bond, in addition to any other remedies that party may have at law or in equity. In any action or proceeding by a party to obtain a temporary restraining order and/or preliminary injunction, the other party hereby agrees to waive the necessity of posting an injunction bond in order to obtain the temporary restraining order and/or preliminary injunction. The prevailing party in such action hereby agrees to pay all costs of enforcing the terms of this Section, including reasonable attorneys’ fees and such costs and fees incurred on any appeal or in connection with any bankruptcy or other insolvency proceedings.
Prohibition Against Solicitation. Physician covenants and agrees that, for a period of one (1) year immediately following any termination or expiration of this Agreement, Physician shall not directly or indirectly call on, solicit, take away, or attempt to call on, solicit or take away, any of Group’s clients, either for Physician’s benefit or for any other person, firm, or corporation. Physician also covenants and agrees that, for a period of one (1) year immediately following any termination or expiration of this Agreement, Physician shall not employ, hire or retain, or attempt to employ, hire or retain, any person who was an employee or independent contractor associated with Group at any time during the six (6) months preceding the termination or expiration of this Agreement.
