Common use of Prohibition Against Solicitation After Employment Clause in Contracts

Prohibition Against Solicitation After Employment. (a) The Executive agrees that, after the Date of Termination, he will limit his activities relating to the customers, potential customers, acquisition prospects, and employees of the Company to the extent, and subject to the express limitations, provided in this Section 10.4. (b) The Executive’s obligations under this Section 10.4 will end three (3) years after the Date of Termination. If a court concludes that three (3) years is an unreasonable time for those obligations, Executive’s obligations under this Section 10.4 will end two (2) years after the Date of Termination. (c) The Executive will not Contact customers, potential customers, or acquisition prospects of the Company for any purpose related to providing Non-hazardous Solid Waste Management services in any state in which the Company does business. In the event a court concludes that this particular restriction is not reasonably limited, the Executive will not Contact customers, potential customers or acquisition prospects of the Company for any purpose related to providing Non-hazardous Solid Waste Management services within forty (40) miles of any Facility. (d) Additionally, the Executive will not Contact customers, potential customers or acquisition prospects of the Company for any purpose related to providing portable toilet, street sweeping or other services within forty (40) miles of any Facility at which the same or similar services are provided. (e) The Executive will not solicit any employee or consultant of the Company to work for any other person or to leave his or her employment. The Executive will not, directly or indirectly, be involved in the recruiting and/or hiring (whether that involvement is in the nature of serving as a reference or as a decision-maker) of any person employed or retained as a consultant by the Company. (f) In the event a court concludes that the restrictions in Section 10.4(e) are not reasonably limited, Executive will not: (i) solicit any employee or consultant of the Company who, directly or indirectly, reported to Executive at any time during the Term, where the solicitation is to encourage the employee or consultant to work for any other person or entity, or to leave his or her employment; or (ii) be involved in the recruiting and/or hiring (whether that involvement is in the nature of serving as a reference or as a decision-maker) of any such employee or consultant.

Appears in 8 contracts

Samples: Executive Employment Agreement (Allied Waste Industries Inc), Executive Employment Agreement (Allied Waste Industries Inc), Executive Employment Agreement (Allied Waste Industries Inc)

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Prohibition Against Solicitation After Employment. (a) The Executive agrees that, after the Date of Termination, he will limit his activities relating to the customers, potential customers, acquisition prospects, and employees of the Company to the extent, and subject to the express limitations, provided in this Section 10.4. (b) The Executive’s obligations under this Section 10.4 will end three two (32) years after the Date of Termination. If a court concludes that three two (32) years is an unreasonable time for those obligations, Executive’s obligations under this Section 10.4 will end two one (21) years year after the Date of Termination. (c) The Executive will not Contact customers, potential customers, or acquisition prospects of the Company for any purpose related to providing Non-hazardous Solid Waste Management services in any state in which the Company does business. In the event a court concludes that this particular restriction is not reasonably limited, the Executive will not Contact customers, potential customers or acquisition prospects of the Company for any purpose related to providing Non-hazardous Solid Waste Management services within forty (40) miles of any Facility. (d) Additionally, the Executive will not Contact customers, potential customers or acquisition prospects of the Company for any purpose related to providing portable toilet, street sweeping or other services within forty (40) miles of any Facility at which the same or similar services are provided. (e) The Executive will not solicit any employee or consultant of the Company to work for any other person or to leave his or her employment. The Executive will not, directly or indirectly, be involved in the recruiting and/or hiring (whether that involvement is in the nature of serving as a reference or as a decision-maker) of any person employed or retained as a consultant by the Company. (f) In the event a court concludes that the restrictions in Section 10.4(e) are not reasonably limited, Executive will not: (i) solicit any employee or consultant of the Company who, directly or indirectly, reported to Executive at any time during the Term, where the solicitation is to encourage the employee or consultant to work for any other person or entity, or to leave his or her employment; or (ii) be involved in the recruiting and/or hiring (whether that involvement is in the nature of serving as a reference or as a decision-maker) of any such employee or consultant.

Appears in 2 contracts

Samples: Executive Employment Agreement (Allied Waste Industries Inc), Executive Employment Agreement (Allied Waste Industries Inc)

Prohibition Against Solicitation After Employment. (a) The Executive agrees that, after the Date of Termination, he will limit his activities relating to the customers, potential customers, acquisition prospects, and employees of the Company to the extent, and subject to the express limitations, provided in this Section 10.4. (b) The Executive’s 's obligations under this Section 10.4 will end three (3) years after the Date of Termination. If a court concludes that three (3) years is an unreasonable time for those obligations, Executive’s 's obligations under this Section 10.4 will end two (2) years after the Date of Termination. (c) The Executive will not Contact contact customers, potential customers, customers or acquisition prospects of the Company for any purpose related to providing Nonnon-hazardous Solid Waste Management solid waste management services in any state in which the Company does is conducting business. In the event a court concludes that this particular restriction is not reasonably limited, the Executive will not Contact contact customers, potential customers or acquisition prospects of the Company for any purpose related to providing Nonnon-hazardous Solid Waste Management solid waste management services within forty (40) miles of any Facility. (d) Additionally, the Executive will not Contact contact customers, potential customers or acquisition prospects of the Company for any purpose related to providing portable toilet, toilet or street sweeping or other services within forty (40) miles of any Facility at which the same or similar such services are provided. (e) The Executive will not solicit any employee or consultant employees of the Company to work for any other person or to leave his or her their employment. The Executive will not, directly or indirectly, be involved in the recruiting and/or hiring (whether that involvement is in the nature of serving as a reference or as a decision-maker) of any person persons employed or retained as a consultant by the Company. (f) In the event a court concludes that the restrictions in Section 10.4(e) are not reasonably limited, Executive will not: (i) solicit any employee or consultant of the Company who, directly or indirectly, reported to Executive at any time during the Term, where the solicitation is to encourage the employee or consultant to work for any other person or entity, or to leave his or her employment; or (ii) be involved in the recruiting and/or hiring (whether that involvement is in the nature of serving as a reference or as a decision-maker) of any such employee or consultant.

Appears in 1 contract

Samples: Executive Employment Agreement (Allied Waste Industries Inc)

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Prohibition Against Solicitation After Employment. (a) The Executive agrees that, after the Date of Termination, he will limit his activities relating to the customers, potential customers, acquisition prospects, and employees of the Company to the extent, and subject to the express limitations, provided in this Section 10.4. (b) The Executive’s 's obligations under this Section 10.4 will end three two (32) years after the Date of Termination. If a court concludes that three two (32) years is an unreasonable time for those obligations, Executive’s 's obligations under this Section 10.4 will end two one (21) years year after the Date of Termination. (c) The Executive will not Contact customers, potential customers, or acquisition prospects of the Company for any purpose related to providing Non-hazardous Solid Waste Management services in any state in which the Company does business. In the event a court concludes that this particular restriction is not reasonably limited, the Executive will not Contact customers, potential customers or acquisition prospects of the Company for any purpose related to providing Non-hazardous Solid Waste Management services within forty (40) miles of any Facility. (d) Additionally, the Executive will not Contact customers, potential customers or acquisition prospects of the Company for any purpose related to providing portable toilet, street sweeping or other services within forty (40) miles of any Facility at which the same or similar services are provided. (e) The Executive will not solicit any employee or consultant of the Company to work for any other person or to leave his or her employment. The Executive will not, directly or indirectly, be involved in the recruiting and/or hiring (whether that involvement is in the nature of serving as a reference or as a decision-maker) of any person employed or retained as a consultant by the Company. (f) In the event a court concludes that the restrictions in Section 10.4(e) are not reasonably limited, Executive will not: (i) solicit any employee or consultant of the Company who, directly or indirectly, reported to Executive at any time during the Term, where the solicitation is to encourage the employee or consultant to work for any other person or entity, or to leave his or her employment; or (ii) be involved in the recruiting and/or hiring (whether that involvement is in the nature of serving as a reference or as a decision-maker) of any such employee or consultant.

Appears in 1 contract

Samples: Executive Employment Agreement (Allied Waste Industries Inc)

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