Common use of Solicitations of Customers Clause in Contracts

Solicitations of Customers. During the Restricted Period, the Executive shall not, directly or indirectly, for his own account or as proprietor, stockholder, member, partner, director, officer, employee, agent or otherwise for or on behalf of any person, business, firm corporation, partnership or other entity other than the Corporation, sell or broker, offer to sell or broker or solicit or assist in the offer to sell or broker or solicit any orders for the purchase of any products or services sold by the Corporation (including any subsidiaries) or its successors or assigns during the Measuring Period (“Products”) to or from any person, corporation or other entity which was a customer of the Corporation at any time during the Measuring Period. For purposes of this Agreement, “customer of the Corporation” means and includes (i) any and all persons, businesses, corporations, partnerships or other entities which: (A) have done business with the Corporation and its successors and assigns as a customer during the Measuring Period, (B) have been contacted by the Corporation, its successors and assigns for the purpose of purchasing products and services, or (C) have preexisting business relationships and/or dealings with the Executive when his employment with the Corporation terminates and (ii) all persons, businesses, corporations, partnerships or other entities which control, or are controlled by, the same person, business, corporation, partnership or other entities which control, or are controlled, by the same person, business, corporation, partnership or other entity which controls any such customer of the Corporation, its successors and assigns. For the purposes of this Agreement, “customers” includes prospective customers and referral sources of customers.

Appears in 7 contracts

Samples: Executive Employment Agreement (American Cannabis Company, Inc.), Executive Employment Agreement (American Cannabis Company, Inc.), Executive Employment Agreement (Brazil Interactive Media, Inc.)

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Solicitations of Customers. During the Restricted Period, the -------------------------- Executive shall not, directly or indirectly, for his own account or as proprietor, stockholder, member, partner, director, officer, employee, agent or otherwise for or on behalf of any person, business, firm firm, corporation, partnership or other entity other than the CorporationCompany, sell or broker, offer to sell or broker or solicit or assist in the offer to sell or broker broker, contact or solicit any orders for the purchase of any foodstuffs, paper products, chemical products or services other products of a nature typically sold by the Corporation (including any subsidiaries) or its successors or assigns during the Measuring Period (“Products”) to or broadline foodservice distributors from any person, corporation or other entity which was a customer or prospective customer of the Corporation Company at any time during the Measuring Period. For purposes of this Agreement, “customer "customers of the Corporation” Company" means and includes (i) any and all persons, businesses, corporations, partnerships or other entities which: which (A) have done business with the Corporation and its successors and assigns Company as a customer during the Measuring Periodrelevant time period, (B) have been contacted by the Corporation, its successors and assigns Company for the purpose of purchasing the Company's products and or services, or (C) have preexisting business relationships and/or dealings with the Executive when his employment with the Corporation Company terminates and (ii) all persons, businesses, corporations, partnerships or other entities which control, or are controlled by, the same person, business, corporation, partnership or other entities which control, or are controlled, by the same person, business, corporation, partnership or other entity which controls controls, any such customer of the Corporation, its successors and assignsCompany. For the purposes of this Agreement, "customers" includes food service brokers, prospective customers and referral sources of customers.

Appears in 1 contract

Samples: Employment Agreement (Us Foodservice/Md/)

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