Common use of RESTRICTIONS ON INTERFERENCE Clause in Contracts

RESTRICTIONS ON INTERFERENCE. While employed by the Company, and for a period of 18 months after the date the Employee ceases to be employed by the Company, without regard to when or for what reason, if any, such employment shall terminate (the "Termination Date"), the Employee shall not, directly or indirectly, without the written consent of the Company, and whether or not for compensation, either on his own behalf or as an employee, officer, agent, consultant, director, owner, partner, joint venturer, shareholder, investor, or in any other capacity (except in the capacity of an employee or officer of the Company acting for the benefit of the Company), knowingly: (i) interfere with an ongoing (as of the Termination Date) relationship between the Company and one of its customers (except as permitted under the provisions of Sections 6(b) and 6(c) below) by providing or offering to provide a product or service to that customer which, as of the Termination Date, was provided to that customer by a business unit of the Company in which the Employee worked during his employment with the Company, if by so doing, the Employee might reasonably be expected to cause the Company to suffer a loss of profits from or other damage to its business relationship with that customer; (ii) interfere with an ongoing (as of the Termination Date) joint venture, strategic alliance, licensing agreement, distribution relationship, advertising relationship, or similar agreement or relationship between the Company and another business entity (the "Joint Venture Relationship") by entering into or proposing to enter into a substantially similar business relationship with that entity, if the Employee was directly involved in that Joint Venture Relationship during his employment with the Company, and if by so doing, the Employee might reasonably be expected to cause the Company to suffer a loss of profits that would otherwise accrue to the Company in connection with that Joint Venture Relationship, or to suffer other damage to that Joint Venture Relationship; (iii) employ, or retain as a consultant or contractor, or cause to be so employed or retained, or enter into a partnership or business venture with, any person (a "Related Person") who at the time of such action (A) is an employee of the Company or the X. X. Xxxx Group; (B) has been employed by the Company or the X. X. Xxxx Group at any time within the previous 18 months; (C) is a consultant, sales agent, contract programmer, or other independent agent who is retained on a full-time or substantially full-time basis by the Company or the X. X. Xxxx Group; or (D) has been retained on a full-time or substantially full-time basis by the Company or the X. X. Xxxx Group as a consultant, sales agent, contract programmer, or other independent agent at any time within the previous 18 months; or (iv) solicit, persuade, encourage, or induce any employee of the Company or the X. X. Xxxx Group (or any consultant, sales agent, contract programmer, or other independent agent who is retained on a full-time or substantially full-time basis by the Company or the X. X. Xxxx Group) to cease his employment with or retention by the Company or the X. X. Xxxx Group.; (v) accept or solicit investment capital or debt financing (directly or indirectly) from, or accept or solicit employment with, or accept or solicit a consulting assignment with, any individual or entity, or an officer, partner, principal, or affiliate of any entity, or another entity managed by or otherwise affiliated with an officer, partner, principal, or affiliate of any entity, that, as of the Termination Date or at any time within the 18 months immediately preceding the Termination Date, provided or arranged for the provision of more than 20 percent of the capital of the Company.

RESTRICTIONS ON INTERFERENCE. While employed by the Company, and for a period of 18 months after the date the Employee ceases to be employed by the Company, without regard to when or for what reason, if any, such employment shall terminate (the "Termination Date"), the Employee shall not, directly or indirectly, without the written consent of the CompanyPresident of Juno Online Services, Inc., and whether or not for compensation, either on his own behalf or as an employee, officer, agent, consultant, director, owner, partner, joint venturer, shareholder, investor, or in any other capacity (except in the capacity of an employee or officer of the Company acting for the benefit of the CompanyCompany or an employee or officer of another entity affiliated with Xxxxx X. Xxxx), knowingly: (i) interfere with an ongoing (as of the Termination Date) relationship between the Company and one of its customers (except as permitted under the provisions of Sections 6(b) and 6(c) below) by providing or offering to provide a product or service to that customer which, as of the Termination Date, was provided to that customer by a business unit of the Company in which the Employee worked during his employment with the Company, if by so doing, the Employee might reasonably be expected to cause the Company to suffer a loss of profits from or other damage to its business relationship with that customer; (ii) interfere with an ongoing (as of the Termination Date) joint venture, strategic alliance, licensing agreement, distribution relationship, advertising relationship, or similar agreement or relationship between the Company and another business entity (the "Joint Venture Relationship") by entering into or proposing to enter into a substantially similar business relationship with that entity, if the Employee was directly involved in that Joint Venture Relationship during his employment with the Company, and if by so doing, the Employee might reasonably be expected to cause the Company to suffer a loss of profits that would otherwise accrue to the Company in connection with that Joint Venture Relationship, or to suffer other damage to that Joint Venture Relationship; (iii) employ, or retain as a consultant or contractor, or cause to be so employed or retained, or enter into a partnership or business venture with, any person (a "Related Person") who at the time of such action (A) is an employee of the Company or the X. X. Xxxx Group; (B) has been employed by the Company or the X. X. Xxxx Group at any time within the previous 18 months; (C) is a consultant, sales agent, contract programmer, or other independent agent who is retained on a full-time or substantially full-time basis by the Company or the X. X. Xxxx Group; or (D) has been retained on a full-time or substantially full-time basis by the Company or the X. X. Xxxx Group as a consultant, sales agent, contract programmer, or other independent agent at any time within the previous 18 months; or; (iv) solicit, persuade, encourage, or induce any employee of the Company or the X. X. Xxxx Group (or any consultant, sales agent, contract programmer, or other independent agent who is retained on a full-time or substantially full-time basis by the Company or the X. X. Xxxx Group) to cease his employment with or retention by the Company or the X. X. Xxxx Group.;; or (v) accept or solicit investment capital or debt financing (directly or indirectly) from, or accept or solicit employment with, or accept or solicit a consulting assignment with, any individual or entity, or an officer, partner, principal, or affiliate of any entity, or another entity managed by or otherwise affiliated with an officer, partner, principal, or affiliate of any entity, that, as of the Termination Date or at any time within the 18 months immediately preceding the Termination Date, provided or arranged for the provision of more than 20 percent of the capital Capital of the Company.Juno Online Services, L.P., Juno Online Services, Inc., D. E. Shaw Development, L.P. or any other subsidiary of D. E. Shaw Development, L.P.

RESTRICTIONS ON INTERFERENCE. While employed by the Company, and for a period of 18 months after the date the Employee ceases to be employed by the Company, without regard to when or for what reason, if any, such employment shall terminate (the "Termination Date"), the Employee shall not, directly or indirectly, without the written consent of the Company, and whether or not for compensation, either on his own behalf or as an employee, officer, agent, consultant, director, owner, partner, joint venturer, shareholder, investor, or in any other capacity (except in the capacity of an employee or officer of the Company acting for the benefit of the Company), knowingly: (i) interfere with an ongoing (as of the Termination Date) relationship between the Company and one of its customers (except as permitted under the provisions of Sections 6(b) and 6(c) below) by providing or offering to provide a product or service to that customer which, as of the Termination Date, was provided to that customer by a business unit of the Company in which the Employee worked during his employment with the Company, if by so doing, the Employee might reasonably be expected to cause the Company to suffer a loss of profits from or other damage to its business relationship with that customer; (ii) interfere with an ongoing (as of the Termination Date) joint venture, strategic alliance, licensing agreement, distribution relationship, advertising relationship, or similar agreement or relationship between the Company and another business entity (the "Joint Venture Relationship") by entering into or proposing to enter into a substantially similar business relationship with that entity, if the Employee was directly involved in that Joint Venture Relationship during his employment with the Company, and if by so doing, the Employee might reasonably be expected to cause the Company to suffer a loss of profits that would otherwise accrue to the Company in connection with that Joint Venture Relationship, or to suffer other damage to that Joint Venture Relationship; (iii) employ, or retain as a consultant or contractor, or cause to be so employed or retained, or enter into a partnership or business venture with, any person (a "Related Person") who at the time of such action (A) is an employee of the Company or the X. X. Xxxx Group; (B) has been employed by the Company or the X. X. Xxxx Group at any time within the previous 18 months; (C) is a consultant, sales agent, contract programmer, or other independent agent who is retained on a full-time or substantially full-time basis by the Company or the X. X. Xxxx Group; or (D) has been retained on a full-time or substantially full-time basis by the Company or the X. X. Xxxx Group as a consultant, sales agent, contract programmer, or other independent agent at any time within the previous 18 months; or; (iv) solicit, persuade, encourage, or induce any employee of the Company or the X. X. Xxxx Group (or any consultant, sales agent, contract programmer, or other independent agent who is retained on a full-time or substantially full-time basis by the Company or the X. X. Xxxx Group) to cease his employment with or retention by the Company or the X. X. Xxxx Group.;; or (v) accept or solicit investment capital investmentcapital or debt financing (directly or indirectly) from, or accept or solicit employment with, or accept or solicit a consulting assignment with, any individual or entity, or an officer, partner, principal, or affiliate of any entity, or another entity managed by or otherwise affiliated with an officer, partner, principal, or affiliate of any entity, that, as of the Termination Date or at any time within the 18 months immediately preceding the Termination Date, provided or arranged for the provision of more than 20 percent of the capital of the Company.

RESTRICTIONS ON INTERFERENCE. While employed by the Company, and for a period of 18 months after the date the Employee ceases to be employed by the Company, without regard to when or for what reason, if any, such employment shall terminate (the "Termination Date"), the Employee shall not, directly or indirectly, without the written consent of the Company, and whether or not for compensation, either on his own behalf or as an employee, officer, agent, consultant, director, owner, partner, joint venturer, shareholder, investor, or in any other capacity (except in the capacity of an employee or officer of the Company acting for the benefit of the CompanyCompany ), knowingly: (i) interfere with an ongoing (as of the Termination Date) relationship between the Company and one of its customers (except as permitted under the provisions of Sections 6(b) and 6(c) below) by providing or offering to provide a product or service to that customer which, as of the Termination Date, was provided to that customer by a business unit of the Company in which the Employee worked during his employment with the Company, if by so doing, the Employee might reasonably be expected to cause the Company to suffer a loss of profits from or other damage to its business relationship with that customer; (ii) interfere with an ongoing (as of the Termination Date) joint venture, strategic alliance, licensing agreement, distribution relationship, advertising relationship, or similar agreement or relationship between the Company and another business entity (the "Joint Venture Relationship") by entering into or proposing to enter into a substantially similar business relationship with that entity, if the Employee was directly involved in that Joint Venture Relationship during his employment with the Company, and if by so doing, the Employee might reasonably be expected to cause the Company to suffer a loss of profits that would otherwise accrue to the Company in connection with that Joint Venture Relationship, or to suffer other damage to that Joint Venture Relationship; (iii) employ, or retain as a consultant or contractor, or cause to be so employed or retained, or enter into a partnership or business venture with, any person (a "Related Person") who at the time of such action (A) is an employee of the Company or the X. X. Xxxx Group; (B) has been employed by the Company or the X. X. Xxxx Group at any time within the previous 18 months; (C) is a consultant, sales agent, contract programmer, or other independent agent who is retained on a full-time or substantially full-time basis by the Company or the X. X. Xxxx Group; or (D) has been retained on a full-time or substantially full-time basis by the Company or the X. X. Xxxx Group as a consultant, sales agent, contract programmer, or other independent agent at any time within the previous 18 months; or (iv) solicit, persuade, encourage, or induce any employee of the Company or the X. X. Xxxx Group (or any consultant, sales agent, contract programmer, or other independent agent who is retained on a full-time or substantially full-time basis by the Company or the X. X. Xxxx Group) to cease his employment with or retention by the Company or the X. X. Xxxx Group.; (v) accept or solicit investment capital or debt financing (directly or indirectly) from, or accept or solicit employment with, or accept or solicit a consulting assignment with, any individual or entity, or an officer, partner, principal, or affiliate of any entity, or another entity managed by or otherwise affiliated with an officer, partner, principal, or affiliate of any entity, that, as of the Termination Date or at any time within the 18 months immediately preceding the Termination Date, provided or arranged for the provision of more than 20 percent of the capital of the Company.

RESTRICTIONS ON INTERFERENCE. While employed by the Company, and for a period of 18 months after the date the Employee ceases to be employed by the Company, without regard to when or for what reason, if any, such employment shall terminate (the "Termination Date"), the Employee shall not, directly or indirectly, without the written consent of the CompanyPresident of Juno Online Services, Inc., and whether or not for compensation, either on his own behalf or as an employee, officer, agent, consultant, director, owner, partner, joint venturer, shareholder, investor, or in any other capacity (except in the capacity of an employee or officer of the Company acting for the benefit of the CompanyCompany or an employee or officer of another entity affiliated with Xxxxx X. Xxxx), knowingly: (i) interfere with an ongoing (as of the Termination Date) relationship between the Company and one of its customers (except as permitted under the provisions of Sections 6(b) and 6(c) below) by providing or offering to provide a product or service to that customer which, as of the Termination Date, was provided to that customer by a business unit of the Company in which the Employee worked during his employment with the Company, if by so doing, the Employee might reasonably be expected to cause the Company to suffer a loss of profits from or other damage to its business relationship with that customer; (ii) interfere with an ongoing (as of the Termination Date) joint venture, strategic alliance, licensing agreement, distribution relationship, advertising relationship, or similar agreement or relationship between the Company and another business entity (the "Joint Venture Relationship") by entering into or proposing to enter into a substantially similar business relationship with that entity, if the Employee was directly involved in that Joint Venture Relationship during his employment with the Company, and if by so doing, the Employee might reasonably be expected to cause the Company to suffer a loss of profits that would otherwise accrue to the Company in connection with that Joint Venture Relationship, or to suffer other damage to that Joint Venture Relationship; (iii) employ, or retain as a consultant or contractor, or cause to be so employed or retained, or enter into a partnership or business venture with, any person (a "Related Person") who at the time of such action (A) is an employee of the Company or the X. X. Xxxx Group; (B) has been employed by the Company or the X. X. Xxxx Group at any time within the previous 18 months; (C) is a consultant, sales agent, contract programmer, or other independent agent who is retained on a full-full- time or substantially full-time basis by the Company or the X. X. Xxxx Group; or (D) has been retained on a full-time or substantially full-time basis by the Company or the X. X. Xxxx Group as a consultant, sales agent, contract programmer, or other independent agent at any time within the previous 18 months; or; (iv) solicit, persuade, encourage, or induce any employee of the Company or the X. X. Xxxx Group (or any consultant, sales agent, contract programmer, or other independent agent who is retained on a full-time or substantially full-time basis by the Company or the X. X. Xxxx Group) to cease his employment with or retention by the Company or the X. X. Xxxx Group.;; or (v) accept or solicit investment capital or debt financing (directly or indirectly) from, or accept or solicit employment with, or accept or solicit a consulting assignment with, any individual or entity, or an officer, partner, principal, or affiliate of any entity, or another entity managed by or otherwise affiliated with an officer, partner, principal, or affiliate of any entity, that, as of the Termination Date or at any time within the 18 months immediately preceding the Termination Date, provided or arranged for the provision of more than 20 percent of the capital Capital of the Company.Juno Online Services, L.P., Juno Online Services, Inc., D. E. Shaw Development, L.P. or any other subsidiary of D. E. Shaw Development, L.P.

RESTRICTIONS ON INTERFERENCE. While employed by the Company, and for a period of 18 months after the date the Employee ceases to be employed by the Company, without regard to when or for what reason, if any, such employment shall terminate (the "Termination Date"), the Employee shall not, directly or indirectly, without the written consent of the Company, and whether or not for compensation, either on his own behalf or as an employee, officer, agent, consultant, director, owner, partner, joint venturer, shareholder, investor, or in any other capacity (except in the capacity of an employee or officer of the Company acting for the benefit of the CompanyCompany ), knowingly: (i) interfere with an ongoing (as of the Termination Date) relationship between the Company and one of its customers (except as permitted under the provisions of Sections 6(b) and 6(c) below) by providing or offering to provide a product or service to that customer which, as of the Termination Date, was provided to that customer by a business unit of the Company in which the Employee worked during his employment with the Company, if by so doing, the Employee might reasonably be expected to cause the Company to suffer a loss of profits from or other damage to its business relationship with that customer; (ii) interfere with an ongoing (as of the Termination Date) joint venture, strategic alliance, licensing agreement, distribution relationship, advertising relationship, or similar agreement or relationship between the Company and another business entity (the "Joint Venture Relationship") by entering into or proposing to enter into a substantially similar business relationship with that entity, if the Employee was directly involved in that Joint Venture Relationship during his employment with the Company, and if by so doing, the Employee might reasonably be expected to cause the Company to suffer a loss of profits that would otherwise accrue to the Company in connection with that Joint Venture Relationship, or to suffer other damage to that Joint Venture Relationship; (iii) employ, or retain as a consultant or contractor, or cause to be so employed or retained, or enter into a partnership or business venture with, any person (a "Related Person") who at the time of such action (A) is an employee of the Company or the X. X. Xxxx Group; (B) has been employed by the Company or the X. X. Xxxx Group at any time within the previous 18 months; (C) is a consultant, sales agent, contract programmer, or other independent agent who is retained on a full-time or substantially full-time basis by the Company or the X. X. Xxxx Group; or (D) has been retained on a full-time or substantially full-time basis by the Company or the X. X. Xxxx Group as a consultant, sales agent, contract programmer, or other independent agent at any time within the previous 18 months; or or (iv) solicit, persuade, encourage, or induce any employee of the Company or the X. X. Xxxx Group (or any consultant, sales agent, contract programmer, or other independent agent who is retained on a full-time or substantially full-time basis by the Company or the X. X. Xxxx Group) to cease his employment with or retention by the Company or the X. X. Xxxx Group.; ; (v) accept or solicit investment capital or debt financing (directly or indirectly) from, or accept or solicit employment with, or accept or solicit a consulting assignment with, any individual or entity, or an officer, partner, principal, or affiliate of any entity, or another entity managed by or otherwise affiliated with an officer, partner, principal, or affiliate of any entity, that, as of the Termination Date or at any time within the 18 months immediately preceding the Termination Date, provided or arranged for the provision of more than 20 percent of the capital of the Company.

RESTRICTIONS ON INTERFERENCE. While employed by the Company, and for a period of 18 months after the date the Employee ceases to be employed by the Company, without regard to when or for what reason, if any, such employment shall terminate (the "Termination Date"), the Employee shall not, directly or indirectly, without the written consent of the Management Company, and whether or not for compensation, either on his own behalf or as an employee, officer, agent, consultant, director, owner, partner, joint venturer, shareholder, investor, or in any other capacity (except in the capacity of an employee or officer of the Company acting for the benefit of the CompanyCompany or an employee or officer of another entity affiliated with Xxxxx X. Xxxx), knowingly: (i) interfere with an ongoing (as of the Termination Date) relationship between the Company and one of its customers (except as permitted under the provisions of Sections 6(b) and 6(c) below) by providing or offering to provide a product or service to that customer which, as of the Termination Date, was provided to that customer by a business unit of the Company in which the Employee worked during his employment with the Company, if by so doing, the Employee might reasonably be expected to cause the Company to suffer a loss of profits from or other damage to its business relationship with that customer; (ii) interfere with an ongoing (as of the Termination Date) joint venture, strategic alliance, licensing agreement, distribution relationship, advertising relationship, or similar agreement or relationship between the Company and another business entity (the "Joint Venture Relationship") by entering into or proposing to enter into a substantially similar business relationship with that entity, if the Employee was directly involved in that Joint Venture Relationship during his employment with the Company, and if by so doing, the Employee might reasonably be expected to cause the Company to suffer a loss of profits that would otherwise accrue to the Company in connection with that Joint Venture Relationship, or to suffer other damage to that Joint Venture Relationship; (iii) employ, or retain as a consultant or contractor, or cause to be so employed or retained, or enter into a partnership or business venture with, any person (a "Related Person") who at the time of such action (A) is an employee of the Company or the X. X. Xxxx Group; (B) has been employed by the Company or the X. X. Xxxx Group at any time within the previous 18 months; (C) is a consultant, sales agent, contract programmer, or other independent agent who is retained on a full-time or substantially full-time basis by the Company or the X. X. Xxxx Group; or (D) has been retained on a full-time or substantially full-time basis by the Company or the X. X. Xxxx Group as a consultant, sales agent, contract programmer, or other independent agent at any time within the previous 18 months; or; (iv) solicit, persuade, encourage, or induce any employee of the Company or the X. X. Xxxx Group (or any consultant, sales agent, contract programmer, or other independent agent who is retained on a full-time or substantially full-time basis by the Company or the X. X. Xxxx Group) to cease his employment with or retention by the Company or the X. X. Xxxx Group.;; or (v) accept or solicit investment capital or debt financing (directly or indirectly) from, or accept or solicit employment with, or accept or solicit a consulting assignment with, any individual or entity, or an officer, partner, principal, or affiliate of any entity, or another entity managed by or otherwise affiliated with an officer, partner, principal, or affiliate of any entity, that, as of the Termination Date or at any time within the 18 months immediately preceding the Termination Date, provided or arranged for the provision of more than 20 percent of the capital Capital of the Company.Juno Online Services, L.P., Juno Online Services, Inc., D. E. Shaw Development, L.P. or any other subsidiary of D. E. Shaw Development, L.P.