Non-Competition and Non-Solicitation Clause Example with 4 Variations from Business Contracts

Non-Competition and Non-Solicitation. During Executive's employment and for a period of one year 6 months following the date on which her his employment ends for any reason, (the "Restricted Period"), the Executive agrees to the following below Non-Competition and Non-Solicitation restrictions. 9 (a) a. Non-Competition. Executive shall not, directly or indirectly, individually or as part of or on behalf of any other person, company, employer or other entity, except with prior written approval of the Company's CEO, Board, (i) own, (i...i) manage, (iii) operate, (iv) advise, consult with, control or otherwise (v) be employed by (vi) perform services for, (vii) consult with or provide services to or on behalf of a (viii) control any Competing Business. "Competing Business" means a business that is selling products or services similar to those products or services that any of the "Covered Entities" Covered Entities is selling as of the date the Executive's employment ends and continues to offer for sale during the Restricted Period within any city, town or county in which, as of the date Executive's employment ends, any Covered Entity is actively marketing or has made a significant investment in time and money prior to the date the Executive's employment ends to begin marketing its products or services beginning within sixty (60) days after the date the Executive's employment ends. "Covered Entities" include the Company and any affiliated entities in which Executive is actively engaged as an officer, director or employee or about which Executive has received Confidential Information as a result of her his Involvement with the Company. (b) Non-Solicitation of Employees. 9 b. Non-Solicitation. Executive shall not, either directly or indirectly indirectly, individually or on behalf as part of herself or on behalf of any other person person, company, employer or other entity, without except with prior written consent from approval of the Company, solicit Board: (1) hire or attempt to hire a Covered Employee, encourage another to hire a Covered Employee, or otherwise encourage in seek to adversely influence or alter such Covered Employee's relationship with the Company. A "Covered Employee" means any manner: (i) an employee of person who either is employed by the Company to leave the employ of the Company; or (ii) a former employee of the Company who was has been employed by the Company within the past twelve (12) months at the time of the solicitation or encouragement to work for a Competing Business. For the purpose of this provision, "employee" shall mean an employee preceding sixty (60) days with whom the Executive worked or and/or about whom the Executive had has material knowledge with respect as to their skills. (c) Non-solicitation his or her job duties; (2) encourage or attempt to persuade a Customer to purchase other than from the Company products or services similar to those that the Company was selling as of Customers, Potential Customers the date Executive's employment ends and Vendors. Executive is continuing to offer for sale. A "Customer" shall not, either directly or indirectly or on behalf of herself or on behalf of mean any other person or entity, without prior written consent entity that has purchased products or services from the Company, solicit Company within six (6) months prior to the date Executive's employment ends; and/or (3) encourage, or otherwise encourage in attempt to persuade any manner: (1) any customer person or entity that the Company is using as a consultant or vendor as of the Company, whom the Executive, while employed by the Company, rendered services to, contacted date Executive's employment ends to terminate or attempted to contact, recruited or attempted to recruit, solicited or attempted to solicit, while employed by the Company to (a) end its modify such business relationship with the Company or in a manner adverse to (b) enter into or continue a relationship with another person or entity to provide the same or similar service(s) that the Company provides; (2) any vendor or partner of the Company, or any other third-party, to disclose or discuss any information about any customer of the Company whom the Executive, while employed by the Company, rendered services to, contacted or attempted to contact, recruited or attempted to recruit, solicited or attempted to solicit, while employed by the Company; or (3) any potential customer of the Company, whom the Executive, while employed by the Company, contacted or attempted to contact, recruited or attempted to recruit, solicited or attempted to solicit, to enter into or continue a relationship with another person or entity to provide the same or similar service(s) that the Company provides. (d) Company. c. Nature of Restrictions. Executive acknowledges that as a result of her his employment as Chief Financial Officer Executive Officer, and Executive Chairman of the Company, she he has held and will continue to hold a position of utmost trust in which Executive has come to know and will continue to come to know the Company's employees, Customers customers and Confidential Information. Executive agrees that the provisions of this entire Section 10 are necessary to protect the Company's legitimate business interests. Executive warrants that these provisions shall not unreasonably interfere with her his ability to earn a living or to pursue her his occupation after her his employment ends for any reason. Executive agrees that upon beginning any new employment or business during the Restricted Period, she he will promptly inform the Company of the name and address of her his new employer or business and provide such new employer or business with a copy of this Agreement and copy the Company on the letter or e-mail transmitting the Agreement to the appropriate person in such new employer or business. 10 11. CONFLICT OF INTEREST. During her employment, Executive agrees to have undivided loyalty to the Company. This means that Executive shall avoid any situation that involves or has the potential to appear to involve a conflict of interest, including, but not limited to, participating in a business transaction that personally benefits Executive or a relative based on information or relationships developed on the job, failing to disclose that someone who is doing or seeking to do business with or work for the Company is a relative or close personal associate, or receiving direct or indirect compensation from a client or vendor. View More

Non-Competition and Non-Solicitation. During Executive's employment and for a period of one year 6 months following the date on which her his employment ends for any reason, (the "Restricted Period"), the Executive agrees to the following below Non-Competition and Non-Solicitation restrictions. 9 (a) a. Non-Competition. Executive shall not, directly or indirectly, individually or as part of or on behalf of any other person, company, employer or other entity, except with prior written approval of the Company's CEO, Board of Directors..., (i) own, (ii) manage, (iii) operate, (iv) advise, consult with, control or otherwise (v) be employed by (vi) perform services for, (vii) consult with or provide services to or on behalf of a (viii) control any Competing Business. "Competing Business" means shall mean a business that is selling products or services similar to those products or services that any of the "Covered Entities" is selling as of the date the Executive's employment ends and continues to offer for sale during the Restricted Period within any city, town or county in which, as of the date Executive's employment ends, any Covered Entity is actively marketing or has made a significant investment in time and money prior to the date the Executive's employment ends to begin marketing its products or services beginning within sixty (60) days after the date the Executive's employment ends. "Covered Entities" include the Company and any affiliated entities in which Executive is actively engaged as an officer, director or employee or about which Executive has received Confidential Information as a result of her his Involvement with the Company. (b) Non-Solicitation of Employees. b. Non-Solicitation. Executive shall not, either directly or indirectly indirectly, individually or on behalf as part of herself or on behalf of any other person person, company, employer or other entity, without except with prior written consent from approval of the Company, solicit Company's Board of Directors: (1) hire or attempt to hire a Covered Employee, encourage another to hire a Covered Employee, or otherwise encourage in seek to adversely influence or alter such Covered Employee's relationship with the Company. A "Covered Employee" shall mean any manner: (i) an employee of person who either is employed by the Company to leave the employ of the Company; or (ii) a former employee of the Company who was has been employed by the Company within the past twelve (12) months at the time of the solicitation or encouragement to work for a Competing Business. For the purpose of this provision, "employee" shall mean an employee preceding sixty (60) days with whom the Executive worked or and/or about whom the Executive had has material knowledge with respect as to their skills. (c) Non-solicitation job duties; (2) encourage or attempt to persuade a Customer to purchase other than from the Company products or services similar to those that the Company was selling as of Customers, Potential Customers the date Executive's employment ends and Vendors. Executive is continuing to offer for sale. A "Customer" shall not, either directly or indirectly or on behalf of herself or on behalf of mean any other person or entity, without prior written consent entity that has purchased products or services from the Company, solicit Company within six (6) months prior to the date Executive's employment ends; and/or (3) encourage, or otherwise encourage in attempt to persuade any manner: (1) any customer person or entity that the Company is using as a consultant or vendor as of the Company, whom the Executive, while employed by the Company, rendered services to, contacted date Executive's employment ends to terminate or attempted to contact, recruited or attempted to recruit, solicited or attempted to solicit, while employed by the Company to (a) end its modify such business relationship with the Company or in a manner adverse to (b) enter into or continue a relationship with another person or entity to provide the same or similar service(s) that the Company provides; (2) any vendor or partner of the Company, or any other third-party, to disclose or discuss any information about any customer of the Company whom the Executive, while employed by the Company, rendered services to, contacted or attempted to contact, recruited or attempted to recruit, solicited or attempted to solicit, while employed by the Company; or (3) any potential customer of the Company, whom the Executive, while employed by the Company, contacted or attempted to contact, recruited or attempted to recruit, solicited or attempted to solicit, to enter into or continue a relationship with another person or entity to provide the same or similar service(s) that the Company provides. (d) Company. c. Nature of Restrictions. Executive acknowledges that as a result of her his employment as Chief Financial Officer Executive Officer, and Executive Chairman of the Company, she he has held and will continue to hold a position of utmost trust in which Executive has come to know and will continue to come to know the Company's employees, Customers and Confidential Information. Executive agrees that the provisions of this entire Section 10 are necessary to protect the Company's legitimate business interests. Executive warrants that these provisions shall not unreasonably interfere with her his ability to earn a living or to pursue her his occupation after her his employment ends for any reason. Executive agrees that upon beginning any new employment or business during the Restricted Period, she he will promptly inform the Company of the name and address of her his new employer or business and provide such new employer or business with a copy of this Agreement and copy the Company on the letter or e-mail email transmitting the Agreement to the appropriate person in such new employer or business. 10 11. CONFLICT OF INTEREST. During her employment, Executive agrees to have undivided loyalty to the Company. This means that Executive shall avoid any situation that involves or has the potential to appear to involve a conflict of interest, including, but not limited to, participating in a business transaction that personally benefits Executive or a relative based on information or relationships developed on the job, failing to disclose that someone who is doing or seeking to do business with or work for the Company is a relative or close personal associate, or receiving direct or indirect compensation from a client or vendor. View More

Non-Competition and Non-Solicitation. During Executive's employment and for a period of one year 6 months following the date on which her his employment ends for any reason, (the "Restricted Period"), the Executive agrees to the following below Non-Competition and Non-Solicitation restrictions. 9 (a) a. Non-Competition. Executive shall not, directly or indirectly, individually or as part of or on behalf of any other person, company, employer or other entity, except with prior written approval of the Company's CEO, Board, (i) own, (i...i) manage, (iii) operate, (iv) advise, consult with, control or otherwise (v) be employed by (vi) perform services for, (vii) consult with or provide services to or on behalf of a (viii) control any Competing Business. "Competing Business" means a business that is selling products or services similar to those products or services that any of the "Covered Entities" Covered Entities is selling as of the date the Executive's employment ends and continues to offer for sale during the Restricted Period within any city, town or county in which, as of the date Executive's employment ends, any Covered Entity is actively marketing or has made a significant investment in time and money prior to the date the Executive's employment ends to begin marketing its products or services beginning within sixty (60) days after the date the Executive's employment ends. "Covered Entities" include the Company and any affiliated entities in which Executive is actively engaged as an officer, director or employee or about which Executive has received Confidential Information as a result of her his Involvement with the Company. (b) Non-Solicitation of Employees. b. Non-Solicitation. Executive shall not, either directly or indirectly indirectly, individually or on behalf as part of herself or on behalf of any other person person, company, employer or other entity, without except with prior written consent from approval of the Company, solicit Board: (1) hire or attempt to hire a Covered Employee, encourage another to hire a Covered Employee, or otherwise encourage in seek to adversely influence or alter such Covered Employee's relationship with the Company. A "Covered Employee" means any manner: (i) an employee of person who either is employed by the Company to leave the employ of the Company; or (ii) a former employee of the Company who was has been employed by the Company within the past twelve (12) months at the time of the solicitation or encouragement to work for a Competing Business. For the purpose of this provision, "employee" shall mean an employee preceding sixty (60) days with whom the Executive worked or and/or about whom the Executive had has material knowledge with respect as to their skills. (c) Non-solicitation his or her job duties; (2) encourage or attempt to persuade a Customer to purchase other than from the Company products or services similar to those that the Company was selling as of Customers, Potential Customers the date Executive's employment ends and Vendors. Executive is continuing to offer for sale. A "Customer" shall not, either directly or indirectly or on behalf of herself or on behalf of mean any other person or entity, without prior written consent entity that has purchased products or services from the Company, solicit Company within six (6) months prior to the date Executive's employment ends; and/or (3) encourage, or otherwise encourage in attempt to persuade any manner: (1) any customer person or entity that the Company is using as a consultant or vendor as of the Company, whom the Executive, while employed by the Company, rendered services to, contacted date Executive's employment ends to terminate or attempted to contact, recruited or attempted to recruit, solicited or attempted to solicit, while employed by the Company to (a) end its modify such business relationship with the Company or in a manner adverse to (b) enter into or continue a relationship with another person or entity to provide the same or similar service(s) that the Company provides; (2) any vendor or partner of the Company, or any other third-party, to disclose or discuss any information about any customer of the Company whom the Executive, while employed by the Company, rendered services to, contacted or attempted to contact, recruited or attempted to recruit, solicited or attempted to solicit, while employed by the Company; or (3) any potential customer of the Company, whom the Executive, while employed by the Company, contacted or attempted to contact, recruited or attempted to recruit, solicited or attempted to solicit, to enter into or continue a relationship with another person or entity to provide the same or similar service(s) that the Company provides. (d) Company. c. Nature of Restrictions. Executive acknowledges that as a result of her his employment as Chief Financial Officer Executive Officer, and Executive Chairman of the Company, she he has held and will continue to hold a position of utmost trust in which Executive has come to know and will continue to come to know the Company's employees, Customers customers and Confidential Information. Executive agrees that the provisions of this entire Section 10 are necessary to protect the Company's legitimate business interests. Executive warrants that these provisions shall not unreasonably interfere with her his ability to earn a living or to pursue her his occupation after her his employment ends for any reason. Executive agrees that upon beginning any new employment or business during the Restricted Period, she he will promptly inform the Company of the name and address of her his new employer or business and provide such new employer or business with a copy of this Agreement and copy the Company on the letter or e-mail transmitting the Agreement to the appropriate person in such new employer or business. 10 11. CONFLICT OF INTEREST. During her his employment, Executive agrees to have undivided loyalty to the Company. This means that Executive shall avoid any situation that involves or has the potential to appear to involve a conflict of interest, including, but not limited to, participating in a business transaction that personally benefits Executive or a relative based on information or relationships developed on the job, failing to disclose that someone who is doing or seeking to do business with or work for the Company is a relative or close personal associate, or receiving direct or indirect compensation from a client or vendor. View More

Non-Competition and Non-Solicitation. During Executive's employment and for a period of one year following the date on which her employment ends for any reason, (the "Restricted Period"), the Executive agrees to the following below Non-Competition and Non-Solicitation restrictions. 9 (a) Non-Competition. Executive shall not, directly or indirectly, individually or as part of or on behalf of any other person, company, employer or other entity, except with prior written approval of the Company's CEO, own, manage, operate, advise, cons...ult with, control or otherwise be employed by or provide services to or on behalf of a Competing Business. Business that are the same or similar to the services she provided to or on behalf of the Company. "Competing Business" means shall mean a business that is selling products or services similar to those products or services that any of the "Covered Entities" is selling as of the date the Executive's employment ends "Covered Entities" include the Company and any affiliated entities in which Executive is actively engaged as an officer, director or employee or about which Executive has received Confidential Information as a result of her Involvement with the Company. (b) Non-Solicitation of Employees. Executive shall agrees that during her employment by the Company and for a period of one year following the termination of that employment, whether such termination is voluntary or involuntary and regardless of the reason for such termination, she will not, either directly or indirectly or on behalf of herself or on behalf of any other person or entity, without prior written consent from the Company, solicit or otherwise encourage in any manner: (i) an employee of the Company to leave the employ of the Company; or (ii) a former employee of the Company who that was employed by the Company within the past twelve (12) months at the time of the solicitation or encouragement to work for a Competing Business. For competitor of the purpose of this provision, "employee" shall mean an employee with whom the Executive worked or about whom the Executive had material knowledge with respect to their skills. Company . (c) Non-solicitation of Customers, Potential Customers and Vendors. Potential Customers. Executive shall agrees that during her employment by the Company and for a period of six months following the termination of that employment, whether such termination is voluntary or involuntary and regardless of the reason for such termination, she will not, either directly or indirectly or on behalf of herself or on behalf of any other person or entity, without prior written consent from the Company, solicit or otherwise encourage in any manner: (1) (i) any customer of the Company, whom the Executive, while employed by the Company, I rendered services to, contacted or attempted to contact, recruited or attempted to recruit, solicited or attempted to solicit, while employed by the Company to (a) end its relationship with the Company or to (b) enter into or continue a relationship with another person or entity to provide the same or similar service(s) that the Company provides; (2) (ii) any vendor or partner of the Company, or any other third-party, to disclose or discuss any information about any customer of the Company whom the Executive, while employed by the Company, I rendered services to, contacted or attempted to contact, recruited or attempted to recruit, solicited or attempted to solicit, while employed by the Company; or (3) (iii) any potential customer of the Company, whom the Executive, while employed by the Company, I contacted or attempted to contact, recruited or attempted to recruit, solicited or attempted to solicit, while employed by the Company to enter into or continue a relationship with another person or entity to provide the same or similar service(s) that the Company provides. (d) Nature of Restrictions. Executive acknowledges that as a result of her employment as Chief Financial Officer of the Company, she has held and will continue to hold a position of utmost trust in which Executive has come to know and will continue to come to know the Company's employees, Customers and Confidential Information. Executive agrees that the provisions of this entire Section 10 are necessary to protect the Company's legitimate business interests. Executive warrants that these provisions shall not unreasonably interfere with her ability to earn a living or to pursue her occupation after her employment ends for any reason. Executive agrees that upon beginning any new employment or business during the Restricted Period, she will promptly inform the Company of the name and address of your her new employer or business and provide such new employer or business with a copy of this Agreement and copy the Company on the letter or e-mail email transmitting the Agreement to the appropriate person in such new employer or business. 10 11. CONFLICT OF INTEREST. During her employment, Executive agrees to have undivided loyalty to the Company. This means that Executive shall avoid any situation that involves or has the potential to appear to involve a conflict of interest, including, but not limited to, participating in a business transaction that personally benefits Executive or a relative based on information or relationships developed on the job, failing to disclose that someone who is doing or seeking to do business with or work for the Company is a relative or close personal associate, or receiving direct or indirect compensation from a client or vendor. View More