RESTRICTIONS AFTER EMPLOYMENT. 21.1 You shall not, save in respect of a Permitted Interest or with the prior written consent of the Company, for a period of 6 months from the Termination Date carry on or be concerned or engaged or interested directly or indirectly (whether as principal, shareholder, partner, employee, officer, agent or otherwise) in any part of any trade or business carried on within the Restricted Area wholly or partly in competition with the Restricted Business. 21.2 You shall not for a period of 6 months from the Termination Date, in competition with the Company, either on your own behalf or on behalf of any person, firm or company in relation to the Restricted Business, directly or indirectly: 21.2.1 deal with or accept custom from any person, firm or company who was a client or customer of the Company or any Group Company during the Period with whom you have been actively engaged or involved or of whom you have acquired Confidential Information or trade secrets by virtue of your duties hereunder during the Period; or 21.2.2 deal with or interfere with any person, firm or company who was a supplier, agent or distributor of the Company or any Group Company during the Period and in each case with whom you have been actively engaged or involved or of whom you have acquired Confidential Information or trade secrets by virtue of your duties hereunder during the Period; or 21.2.3 deal with or interfere with any company from whom the Company or any Group Company has licensed or acquired intellectual property. 21.3 You shall not for a period of 9 months from the Termination Date, in competition with the Company, either on your own behalf or on behalf of any person, firm or company in relation to the Restricted Business, directly or indirectly: 21.3.1 solicit, approach or offer goods or services to or entice away from the Company or any Group Company any person, firm or company who was a client or customer of the Company or any Group Company during the Period with whom you have been actively engaged or involved or of whom you have acquired Confidential Information or trade secrets by virtue of your duties hereunder during the Period; 21.3.2 solicit or approach or offer goods or services to or entice away from the Company or any Group Company any person, firm or company who was a supplier, agent or distributor of the Company or any Group Company during the Period with whom you has been actively engaged or involved or of whom you have acquired Confidential Information or trade secrets by virtue of your duties hereunder during the Period; or 21.3.3 interfere or seek to interfere with the continuance, or any of the terms, of the supply of goods or services to the Company or any Group Company; PROVIDED THAT nothing contained in clauses 21.1 to 21.3 inclusive shall prohibit you from carrying out any activities that are not in competition with any part of the business of the Company with which you were involved in the Period. 21.4 You shall not for a period of 6 months from the Termination Date either on your own behalf or on behalf of any person, firm or company directly or indirectly, approach, solicit, endeavour to entice away, employ, offer employment to or procure the employment of any person who is or was a Key Employee with whom you have had dealings during the Period whether or not such person would commit any breach of his contract of employment by reason of so leaving the service of the Company or otherwise. 21.5 You shall not, at any time after the Termination Date, either on your own behalf or on behalf of any other person, firm or company directly or indirectly: 21.5.1 represent yourself as being in any way connected with or interested in the business of the Company or any Group Company (other than as a consultant or a member if such be the case) or use any name which is identical or similar to or likely to be confused with the name of the Company or any Group Company or any product or service produced or provided by the Company or any Group Company or which might suggest a connection with the Company or any Group Company; or 21.5.2 directly or indirectly make, publish or otherwise communicate any statement whatsoever whether in writing or otherwise which may have the effect of damaging or lowering the business interests and/or the reputation of the Company or any Group Company or any of its or their former or existing agents, clients, consultants, directors, employees, officers, share-holders, suppliers or workers (“Relevant Personnel”) and/or which may be disparaging or derogatory to any of the Company or any Group Company or any Relevant Personnel. 21.6 The period of the restrictions in clauses 21.1 to 21.4 inclusive shall be reduced by the period, if any, spent by you during which you are placed on garden leave in accordance with clause 20. 21.7 You agree to notify your new employer of the restrictions contained within clauses 21.1 to 21.4
Appears in 14 contracts
Samples: Contract of Employment (Mereo Biopharma Group PLC), Contract of Employment (Mereo Biopharma Group PLC), Contract of Employment (Mereo Biopharma Group PLC)
RESTRICTIONS AFTER EMPLOYMENT. 21.1 You shall not, save in respect of a Permitted Interest or with the prior written consent of the Company, for a period of 6 3 months from the Termination Date carry on or be concerned or engaged or interested directly or indirectly (whether as principal, shareholder, partner, employee, officer, agent or otherwise) in any part of any trade or business carried on within the Restricted Area wholly or partly in competition with the Restricted Business.
21.2 You shall not for a period of 6 3 months from the Termination Date, in competition with the Company, either on your own behalf or on behalf of any person, firm or company in relation to the Restricted Business, directly or indirectly:
21.2.1 deal with or accept custom from any person, firm or company who was a client or customer of the Company or any Group Company during the Period with whom you have been actively engaged or involved or of whom you have acquired Confidential Information or trade secrets by virtue of your duties hereunder during the Period; or
21.2.2 deal with or interfere with any person, firm or company who was a supplier, agent or distributor of the Company or any Group Company during the Period and in each case with whom you have been actively engaged or involved or of whom you have acquired Confidential Information or trade secrets by virtue of your duties hereunder during the Period; or
21.2.3 deal with or interfere with any company from whom the Company or any Group Company has licensed or acquired intellectual property.
21.3 You shall not for a period of 9 months from the Termination Date, in competition with the Company, either on your own behalf or on behalf of any person, firm or company in relation to the Restricted Business, directly or indirectly:
21.3.1 solicit, approach or offer goods or services to or entice away from the Company or any Group Company any person, firm or company who was a client or customer of the Company or any Group Company during the Period with whom you have been actively engaged or involved or of whom you have acquired Confidential Information or trade secrets by virtue of your duties hereunder during the Period;
21.3.2 solicit or approach or offer goods or services to or entice away from the Company or any Group Company any person, firm or company who was a supplier, agent or distributor of the Company or any Group Company during the Period with whom you has been actively engaged or involved or of whom you have acquired Confidential Information or trade secrets by virtue of your duties hereunder during the Period; or
21.3.3 interfere or seek to interfere with the continuance, or any of the terms, of the supply of goods or services to the Company or any Group Company; PROVIDED THAT nothing contained in clauses 21.1 to 21.3 inclusive shall prohibit you from carrying out any activities that are not in competition with any part of the business of the Company with which you were involved in the Period.
21.4 You shall not for a period of 6 months from the Termination Date either on your own behalf or on behalf of any person, firm or company directly or indirectly, approach, solicit, endeavour to entice away, employ, offer employment to or procure the employment of any person who is or was a Key Employee with whom you have had dealings during the Period whether or not such person would commit any breach of his contract of employment by reason of so leaving the service of the Company or otherwise.
21.5 You shall not, at any time after the Termination Date, either on your own behalf or on behalf of any other person, firm or company directly or indirectly:
21.5.1 represent yourself as being in any way connected with or interested in the business of the Company or any Group Company (other than as a consultant or a member if such be the case) or use any name which is identical or similar to or likely to be confused with the name of the Company or any Group Company or any product or service produced or provided by the Company or any Group Company or which might suggest a connection with the Company or any Group Company; or
21.5.2 directly or indirectly make, publish or otherwise communicate any statement whatsoever whether in writing or otherwise which may have the effect of damaging or lowering the business interests and/or the reputation of the Company or any Group Company or any of its or their former or existing agents, clients, consultants, directors, employees, officers, share-holders, suppliers or workers (“Relevant Personnel”) and/or which may be disparaging or derogatory to any of the Company or any Group Company or any Relevant Personnel.
21.6 The period of the restrictions in clauses 21.1 to 21.4 inclusive shall be reduced by the period, if any, spent by you during which you are placed on garden leave in accordance with clause 20.
21.7 You agree to notify your new employer of the restrictions contained within clauses 21.1 to 21.4
Appears in 2 contracts
Samples: Employment Agreement (Mereo Biopharma Group PLC), Employment Agreement (Mereo Biopharma Group PLC)
RESTRICTIONS AFTER EMPLOYMENT. 21.1 You 14.1 During the Restraint Period, you shall notnot directly or indirectly and whether alone or in conjunction with or on behalf of any other person and whether as a principal, save shareholder, director, employee, agent, contractor, consultant, partner or otherwise offer employment to or procure employment for any person known to you, who was involved in respect product research and development or sales or who was a director or senior employee of the Company or was providing consultancy services to the Company at any time during the six (6) months immediately prior to termination of your employment and with whom you have dealt with at any time in the twelve (12) months immediately prior to termination of your employment;
14.2 During the Restraint Period, you shall not directly or indirectly and whether alone or in conjunction with or on behalf of any other person and whether as a Permitted Interest principal, shareholder, director, employee, agent, contractor, consultant, partner or otherwise so as to compete with the Company or any Associated Company canvass, solicit or approach or cause to be canvassed, solicited or approached any Relevant Customer for the sale or supply of Relevant Products or Services or endeavour to do so.
14.3 During the Restraint Period, you shall not directly or indirectly and whether alone or in conjunction with or on behalf of any other person and whether as a principal, shareholder, director, employee, agent, contractor, consultant, partner or otherwise deal or contract with any Relevant Customer in relation to the sale or supply of any Relevant Products or Services, or endeavour or undertake to do so or encourage any Relevant Customer to discontinue, terminate or not renew his, her or its relationship with the Company or Associated Company.
14.4 During the Restraint Period, you shall not without the prior written consent of the Company, for a period of 6 months from the Termination Date carry on or be concerned or engaged or interested Company directly or indirectly (and whether as principal, shareholder, partner, employee, officer, agent alone or otherwise) in any part of any trade or business carried on within the Restricted Area wholly or partly in competition conjunction with the Restricted Business.
21.2 You shall not for a period of 6 months from the Termination Date, in competition with the Company, either on your own behalf or on behalf of any person, firm or company in relation to the Restricted Business, directly or indirectly:
21.2.1 deal with or accept custom from any person, firm or company who was a client or customer of the Company or any Group Company during the Period with whom you have been actively engaged or involved or of whom you have acquired Confidential Information or trade secrets by virtue of your duties hereunder during the Period; or
21.2.2 deal with or interfere with any person, firm or company who was a supplier, agent or distributor of the Company or any Group Company during the Period and in each case with whom you have been actively engaged or involved or of whom you have acquired Confidential Information or trade secrets by virtue of your duties hereunder during the Period; or
21.2.3 deal with or interfere with any company from whom the Company or any Group Company has licensed or acquired intellectual property.
21.3 You shall not for a period of 9 months from the Termination Date, in competition with the Company, either on your own behalf or on behalf of any person, firm or company in relation to the Restricted Business, directly or indirectly:
21.3.1 solicit, approach or offer goods or services to or entice away from the Company or any Group Company any person, firm or company who was a client or customer of the Company or any Group Company during the Period with whom you have been actively engaged or involved or of whom you have acquired Confidential Information or trade secrets by virtue of your duties hereunder during the Period;
21.3.2 solicit or approach or offer goods or services to or entice away from the Company or any Group Company any person, firm or company who was a supplier, agent or distributor of the Company or any Group Company during the Period with whom you has been actively engaged or involved or of whom you have acquired Confidential Information or trade secrets by virtue of your duties hereunder during the Period; or
21.3.3 interfere or seek to interfere with the continuance, or any of the terms, of the supply of goods or services to the Company or any Group Company; PROVIDED THAT nothing contained in clauses 21.1 to 21.3 inclusive shall prohibit you from carrying out any activities that are not in competition with any part of the business of the Company with which you were involved in the Period.
21.4 You shall not for a period of 6 months from the Termination Date either on your own behalf or on behalf of any person, firm or company directly or indirectly, approach, solicit, endeavour to entice away, employ, offer employment to or procure the employment of any person who is or was a Key Employee with whom you have had dealings during the Period whether or not such person would commit any breach of his contract of employment by reason of so leaving the service of the Company or otherwise.
21.5 You shall not, at any time after the Termination Date, either on your own behalf or on behalf of any other personperson and whether as a principal, firm shareholder, director, employee, agent, contractor, consultant, partner or company directly or indirectlyotherwise perform the Restrained Duties within the Restricted Territory for any other business which:
21.5.1 (a) supplies or is about to be engaged in supplying Relevant Products or Services in competition with the Company or any Associated Company; or
(b) is or was at any time during the Relevant Period a Relevant Customer of the Company or any Associated Company if the performance of the Restrained Duties would cause the Relevant Customer to cease or materially to reduce its orders or contracts with the Company or any Associated Group Company.
14.5 You shall not represent yourself as being interested in or employed by or in any way connected with or interested in the business of the Company or any Group Associated Company (other than as a consultant or a member if such be former employee of the caseCompany) or use in connection with any business any name which is identical or similar to or likely to be confused with includes the name of the Company or any Group Associated Company or any product colourable imitation of it.
14.6 Nothing in clause 14 shall preclude you from holding (directly or service produced through nominees) investments listed on a recognised stock exchange as long as you do not hold more than five (5) per cent of the issued shares or provided other securities of any class of any one company.
14.7 Whilst the restrictions in this clause 14 (on which you hereby acknowledge that you have had the opportunity to take independent advice) are regarded by the Company or any Group Company or which might suggest a connection with parties as fair and reasonable in the Company or any Group Company; or
21.5.2 directly or indirectly make, publish or otherwise communicate any statement whatsoever whether in writing or otherwise which may have circumstances and necessary for the effect of damaging or lowering the business interests and/or the reputation protection of the Company or of any Group Associated Company or any of its or their former or existing agentsand do not bear harshly on you, clients, consultants, directors, employees, officers, share-holders, suppliers or workers (“Relevant Personnel”) and/or which may be disparaging or derogatory to any of the Company or any Group Company or any Relevant Personnel.
21.6 The period it is hereby declared that each of the restrictions in clauses 21.1 this clause 14 are intended to 21.4 inclusive shall be separate and severable. If any restriction if held to be unreasonably wide but would be valid if part of the wording (including in particular but without limitation the defined expressions referred to in clause 14.10) were deleted, such restriction will apply with so much of the wording deleted as may be necessary to make it valid.
14.8 The parties agree that the Restraint Period will be reduced by the period, if any, spent by you one day for every day during which at the Company's direction and pursuant to clause 16.5 you are placed on garden leave in accordance with clause 20have been excluded from the Company's premises and/or has not carried out any duties or has carried out duties other than normal duties.
21.7 You agree 14.9 If you apply for or are offered new employment, an appointment or engagement, before entering into any related contract, you will bring the terms of this Clause 14 and Clause 16 to notify your new employer the attention of a third party proposing directly or indirectly to employ, appoint or engage you.
14.10 For the restrictions contained within clauses 21.1 to 21.4purposes of this clause 14, the following expressions have the following meanings:
Appears in 1 contract
Samples: Employment Agreement (Blackbaud Inc)
RESTRICTIONS AFTER EMPLOYMENT. 21.1 You 10.1 The Executive shall not, save in respect of a Permitted Interest or with the prior written consent of the CompanyBoard (which shall not be unreasonably withheld), for a period of 6 12 months from the Termination Date within the Restricted Area carry on or be concerned or engaged or interested directly or indirectly (whether as principal, shareholder, partner, employee, officer, agent or otherwise) in any part of any trade or business which materially competes with any material part of any trade or business carried on within by the Restricted Area wholly Company in which the Executive shall have been actively engaged or partly in competition with involved at any time during the Restricted BusinessPeriod.
21.2 You 10.2 The Executive shall not for a period of 6 12 months from the Termination Date, in competition with the Company, Date either on your his own behalf or on behalf of any person, firm or company in relation to the Restricted Businessbusiness activities of the Company in which the Executive has been engaged or involved, directly or indirectly:
21.2.1 (a) solicit, approach or offer goods or services to or entice away from the Company any person, firm or company who was a client or customer of the Company during the Period with whom the Executive has been actively engaged or involved by virtue of his duties hereunder during the Period; or
(b) deal with or accept custom from any person, firm or company who was a client or customer of the Company or any Group Company during the Period with whom you have the Executive has been actively engaged or involved or of whom you have acquired Confidential Information or trade secrets by virtue of your his duties hereunder during the Period; or
21.2.2 (c) solicit or approach or offer goods or services to or entice away from the Company any person, firm or company who was a supplier, agent or distributor of the Company during the Period with whom the Executive has been actively engaged or involved by virtue of his duties hereunder during the Period; or
(d) deal with or interfere with any person, firm or company who was a supplier, agent or distributor of the Company or any Group Company during the Period and in each case with whom you have the Executive has been actively engaged or involved or of whom you have acquired Confidential Information or trade secrets by virtue of your his duties hereunder during the Period; or
21.2.3 deal with or interfere PROVIDED THAT nothing contained in these paragraphs (a) to (d) shall prohibit the Executive from carrying out any activities which are not in competition with any company from whom part of the business of the Company or any Group Company has licensed or acquired intellectual propertywith which the Executive was materially involved in the Period.
21.3 You 10.3 The Executive shall not for a period of 9 12 months from the Termination Date, in competition with the Company, Date either on your his own behalf or on behalf of any person, firm or company in relation to the Restricted Business, directly or indirectly:
21.3.1 solicit, approach or offer goods or services to or entice away from the Company or any Group Company any person, firm or company who was a client or customer business activities of the Company or any Group Company during in which the Period with whom you have Executive has been actively engaged or involved or of whom you have acquired Confidential Information or trade secrets by virtue of your duties hereunder during the Period;
21.3.2 solicit or approach or offer goods or services to or entice away from the Company or any Group Company any personinvolved, firm or company who was a supplier, agent or distributor of the Company or any Group Company during the Period with whom you has been actively engaged or involved or of whom you have acquired Confidential Information or trade secrets by virtue of your duties hereunder during the Period; or
21.3.3 interfere or seek to interfere with the continuance, or any of the terms, of the supply of goods or services to the Company or any Group Company; PROVIDED THAT nothing contained in clauses 21.1 to 21.3 inclusive shall prohibit you from carrying out any activities that are not in competition with any part of the business of the Company with which you were involved in the Period.
21.4 You shall not for a period of 6 months from the Termination Date either on your own behalf or on behalf of any person, firm or company directly or indirectly, approach, solicit, endeavour to entice away, employ, offer employment to or procure the employment of any person who is or was a Key Employee with whom you have the Executive has had dealings during the Period whether or not such person would commit any breach of his contract of employment by reason of so leaving the service of the Company or otherwise.
21.5 You 10.4 The Executive shall not, at any time after the Termination Date, either on your his own behalf or on behalf of any other person, firm or company directly or indirectly:
21.5.1 (a) interfere or seek to interfere with the continuance, or any of the terms, of the supply of goods or services to the Company; or
(b) represent yourself himself as being in any way connected with or interested in the business of the Company or any Group Company (other than as a consultant or a member if such be the case) or use any name which is identical or similar to or likely to be confused with the name of the Company or any Group Company or any product or service produced or provided by the Company or any Group Company or which might suggest a connection with the Company or any Group Company; or
21.5.2 directly or indirectly make, publish or otherwise communicate any statement whatsoever whether in writing or otherwise which may have the effect of damaging or lowering the business interests and/or the reputation of the Company or any Group Company or any of its or their former or existing agents, clients, consultants, directors, employees, officers, share-holders, suppliers or workers (“Relevant Personnel”) and/or which may be disparaging or derogatory to any of the Company or any Group Company or any Relevant Personnel.
21.6 The 10.5 For the avoidance of doubt the period of the restrictions in clauses 21.1 these Clauses 10.1, 10.2(a) to 21.4 inclusive (d) and 10.3 shall be reduced by a period equal to the period, if any, spent by you during for which you are placed on garden leave the Company has operated clauses 2.2(a) or (b) and/or for which the Executive is not in receipt of Confidential Information in accordance with clause 20Clause 2.2.
21.7 You agree 10.6 The Executive (who acknowledges that, in the course of the Appointment, he is likely to notify your new employer have dealings with the clients, customers, suppliers and other contacts of the Company) agrees that each of the restrictions contained within clauses 21.1 in Clauses 10.1, 10.2(a), 10.2(b), 10.2(c), 10.2(d) and 10.3 and 10.4 is separate and distinct, is to 21.4be construed separately from the other restrictions, and is reasonable as regards its duration, extent and application for the protection of the legitimate business interests of the Company. However, in the event that any such restriction shall be found to be void or unenforceable but would be valid or enforceable if some part or parts of it were deleted, the Executive agrees that such restriction shall apply with such deletions as may be necessary to make it valid and effective.
Appears in 1 contract
Samples: Service Agreement (Tomkins PLC)
RESTRICTIONS AFTER EMPLOYMENT. 21.1 You 11.1 The Employee shall not, save in respect of a Permitted Interest or with the prior written consent of the Company, for a period of 6 months from during the Termination Date Restricted Period, carry on or be concerned or engaged or interested directly or indirectly (whether as principal, shareholder, partner, employee, officer, agent or otherwise) in any part of any trade or a business carried on within the Restricted Area wholly or partly in competition which competes with the Restricted Business.
21.2 You shall not for a Company at any time during the period of 6 12 months from prior to the Termination Date, in competition with which the CompanyEmployee shall have been actively engaged or involved, in any country in which the Company has tradedduring the period of 12 months prior to the Termination Date.
11.2 The Employee shall not during the Restricted Period either on your their own behalf or on behalf of any person, firm or company in relation to the Restricted Businessbusiness activities of theCompany in which the Employee has been engaged or involved, directly or indirectly:
21.2.1 11.2.1 solicit, approach or offer goods or services to or entice away from the Company any person, firm or company who at the Termination Date (or at any time during12 months prior to the Termination Date) was a client or customer of the Company and in each case with whom the Employee (or any other employee on their behalf or under their direct instruction) has been actively engaged orinvolved by virtue of their duties hereunder; or
11.2.2 deal with or accept custom from any person, firm or company who was at the Termination Date (or at any time during 12 months prior to the Termination Date)was a client or customer of the Company and in each case with whom the Employee (or any Group Company during the Period with whom you have other employee on their behalf or under their direct instruction) has been actively engaged or involved or of whom you have acquired Confidential Information or trade secrets by virtue of your their duties hereunder during the Periodhereunder; or
21.2.2 11.2.3 solicit or approach or offer goods or services to or entice away from the Company any person, firm or company who at the Termination Date (or at any time during 12 months prior to the Termination Date) was a supplier, agent or distributor of the Company and in each case with whom the Employee (or any other employee on their behalf or under their direct instruction) has been actively engaged orinvolved by virtue of their duties hereunder; or
11.2.4 deal with or interfere with any person, firm or company who at the Termination Date (or at any time during 12 months prior to the Termination Date) was a supplier, agent or distributor of the Company or any Group Company during the Period and in each case with whom you have the Employee (or any other employee on their behalf or under their direct instruction)has been actively engaged or involved or of whom you have acquired Confidential Information or trade secrets by virtue of your their duties hereunder during hereunder; PROVIDED THAT nothing contained in these Sub-Clauses 11.2.1 to 11.2.4 shall prohibit the Period; or
21.2.3 deal with or interfere Employee from carrying out any activities which are not in competition with any company from whom part of the business of the Company or any Group Company has licensed or acquired intellectual property.
21.3 You shall not for a period of 9 with which the Employee was involved in 12 months from prior to the Termination Date, in competition with .
11.3 The Employee shall not during the Company, Restricted Period either on your their own behalf or on behalf of any person, firm or company in relation to the Restricted Business, directly or indirectly:
21.3.1 solicit, approach or offer goods or services to or entice away from business activities of theCompany in which the Company or any Group Company any person, firm or company who was a client or customer of the Company or any Group Company during the Period with whom you have Employee has been actively engaged or involved or of whom you have acquired Confidential Information or trade secrets by virtue of your duties hereunder during the Period;
21.3.2 solicit or approach or offer goods or services to or entice away from the Company or any Group Company any personinvolved, firm or company who was a supplier, agent or distributor of the Company or any Group Company during the Period with whom you has been actively engaged or involved or of whom you have acquired Confidential Information or trade secrets by virtue of your duties hereunder during the Period; or
21.3.3 interfere or seek to interfere with the continuance, or any of the terms, of the supply of goods or services to the Company or any Group Company; PROVIDED THAT nothing contained in clauses 21.1 to 21.3 inclusive shall prohibit you from carrying out any activities that are not in competition with any part of the business of the Company with which you were involved in the Period.
21.4 You shall not for a period of 6 months from the Termination Date either on your own behalf or on behalf of any person, firm or company directly or indirectly, approach, solicit, endeavour to entice away, employ, offer employment to or procure the employment of any person who is or was a Key Employee key employee belonging to the management grade or in a senior capacity with whom you have the Employee has had dealings during within a period of 12 months prior to the Period Termination Date) whether or not such person would commit any breach of his their contract of employment by reason of so leaving the service of the Company theCompany or otherwise.
21.5 You 11.4 The Employee shall not, at any time after the Termination Date, either on your own behalf their ownbehalf or on behalf of any other person, firm or company directly or indirectly:
21.5.1 11.4.1 interfere or seek to interfere with the continuance, or any of the terms, of thesupply of goods or services to the Company; or
11.4.2 represent yourself themself as being in any way connected with or interested in the business of the Company or any Group Company (other than as a consultant or a member if such be the case) or use any name which is identical or similar to or likely to be confused with the name of the Company or any Group Company or any product or service produced or provided by the Company or any Group Company theCompany or which might suggest a connection with the Company or any Group Company; or.
21.5.2 directly or indirectly make11.5 The Employee (who acknowledges that, publish or otherwise communicate any statement whatsoever whether in writing or otherwise which may have the effect of damaging or lowering the business interests and/or the reputation course of the Company or any Group Company or any of its or their former or existing agentsAppointment, they are likely to have dealings with the clients, consultants, directors, employees, officers, share-holderscustomers, suppliers or workers (“Relevant Personnel”) and/or which may be disparaging or derogatory to any and other contacts of the Company or any Group Company or any Relevant Personnel.
21.6 The period Company) agrees that each of the restrictions in clauses 21.1 Sub-Clauses 11.1, 11.2.1, 11.2.2, 11.2.3, 11.2.4, 11.3, 11.4.1 and 11.4.2 is separate and distinct, is to 21.4 inclusive be construedseparately from the other restrictions, and is reasonable as regards its duration, extent and application for the protection of the legitimate business interests of the Company. However, in the event that any such restriction shall be reduced by found to be void or unenforceable but would be valid or enforceable if some part or parts of it were deleted, the period, if any, spent by you during which you are placed on garden leave in accordance Employee agrees that such restriction shall apply with clause 20such deletions as may be necessary to make it valid and effective.
21.7 You agree to notify your new employer of the restrictions contained within clauses 21.1 to 21.4
Appears in 1 contract
Samples: Service Agreement
RESTRICTIONS AFTER EMPLOYMENT. 21.1 You shall not, save in respect of a Permitted Interest or with the prior written consent of the Company, for a period of 6 months from the Termination Date carry on or be concerned or engaged or interested directly or indirectly (whether as principal, shareholder, partner, employee, officer, agent or otherwise) in any part of any trade or business carried on within the Restricted Area wholly or partly in competition with the Restricted Business.
21.2 You shall not for a period of 6 9 months from the Termination Date, in competition with the Company, either on your own behalf or on behalf of any person, firm or company in relation to the Restricted Business, directly or indirectly:
21.2.1 deal with or accept custom from any person, firm or company who was a client or customer of the Company or any Group Company during the Period with whom you have been actively engaged or involved or of whom you have acquired Confidential Information or trade secrets by virtue of your duties hereunder during the Period; or
21.2.2 deal with or interfere with any person, firm or company who was a supplier, agent or distributor of the Company or any Group Company during the Period and in each case with whom you have been actively engaged or involved or of whom you have acquired Confidential Information or trade secrets by virtue of your duties hereunder during the Period; or
21.2.3 deal with or interfere with any company from whom the Company or any Group Company has licensed or acquired intellectual property.
21.3 You shall not for a period of 9 months from the Termination Date, in competition with the Company, either on your own behalf or on behalf of any person, firm or company in relation to the Restricted Business, directly or indirectly:
21.3.1 solicit, approach or offer goods or services to or entice away from the Company or any Group Company any person, firm or company who was a client or customer of the Company or any Group Company during the Period with whom you have been actively engaged or involved or of whom you have acquired Confidential Information or trade secrets by virtue of your duties hereunder during the Period;
21.3.2 solicit or approach or offer goods or services to or entice away from the Company or any Group Company any person, firm or company who was a supplier, agent or distributor of the Company or any Group Company during the Period with whom you has been actively engaged or involved or of whom you have acquired Confidential Information or trade secrets by virtue of your duties hereunder during the Period; or
21.3.3 interfere or seek to interfere with the continuance, or any of the terms, of the supply of goods or services to the Company or any Group Company; PROVIDED THAT nothing contained in clauses 21.1 to 21.3 inclusive shall prohibit you from carrying out any activities that are not in competition with any part of the business of the Company with which you were involved in the Period.
21.4 You shall not for a period of 6 9 months from the Termination Date either on your own behalf or on behalf of any person, firm or company directly or indirectly, approach, solicit, endeavour to entice away, employ, offer employment to or procure the employment of any person who is or was a Key Employee with whom you have had dealings during the Period whether or not such person would commit any breach of his contract of employment by reason of so leaving the service of the Company or otherwise.
21.5 You shall not, at any time after the Termination Date, either on your own behalf or on behalf of any other person, firm or company directly or indirectly:
21.5.1 represent yourself as being in any way connected with or interested in the business of the Company or any Group Company (other than as a consultant or a member if such be the case) or use any name which is identical or similar to or likely to be confused with the name of the Company or any Group Company or any product or service produced or provided by the Company or any Group Company or which might suggest a connection with the Company or any Group Company; or
21.5.2 directly or indirectly make, publish or otherwise communicate any statement whatsoever whether in writing or otherwise which may have the effect of damaging or lowering the business interests and/or the reputation of the Company or any Group Company or any of its or their former or existing agents, clients, consultants, directors, employees, officers, share-holders, suppliers or workers (“Relevant Personnel”) and/or which may be disparaging or derogatory to any of the Company or any Group Company or any Relevant Personnel.
21.6 The period of the restrictions in clauses 21.1 to 21.4 inclusive shall be reduced by the period, if any, spent by you during which you are placed on garden leave in accordance with clause 20.
21.7 You agree to notify your new employer of the restrictions contained within clauses 21.1 to 21.4
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