Common use of Covenant Not to Solicit Customers Clause in Contracts

Covenant Not to Solicit Customers. During the Employment Period and the Restrictive Period, the Executive shall not directly or indirectly, individually or on behalf of any Person, whether as principal, agent, stockholder, employee, consultant, representative or in any other capacity, that engages in a Competitive Activity (as defined below) in any geographic area in which the Company actively markets or in which the Executive knows the Company intends to actively market, solicit any Person that: (a) is a customer or client of the Company or any of its Subsidiaries that the Executive had dealings with by virtue of the Executive’s employment with the Company as of the Date of Termination; (b) has been a customer or client of the Company or any of its Subsidiaries that the Executive had dealings with by virtue of the Executive’s employment with the Company at any time within two (2) years prior to the Date of Termination; or (c) is a prospective customer or client that the Executive had been actively soliciting with, or on behalf of, the Company or any of its Subsidiaries as of the Date of Termination.

Appears in 4 contracts

Sources: Executive Employment Agreement (TSS, Inc.), Executive Employment Agreement (TSS, Inc.), Executive Employment Agreement (TSS, Inc.)

Covenant Not to Solicit Customers. During the Employment Period and the Restrictive Period, the Executive shall not directly or indirectly, individually or on behalf of any Person, whether as principal, agent, stockholder, employee, consultant, representative or in any other capacity, that engages in a Competitive Activity (as defined below) in any geographic area in which the Company actively markets or in which the Executive knows the Company intends to actively market, solicit any Person that: (a) is a customer or client of the Company or any of its Subsidiaries that the Executive had dealings with by virtue of the Executive’s employment with the Company as of the Date of TerminationTermination Date; (b) has been a customer or client of the Company or any of its Subsidiaries that the Executive had dealings with by virtue of the Executive’s employment with the Company at any time within two (2) years prior to the Date of TerminationTermination Date; or (c) is a prospective customer or client that the Executive had been actively soliciting with, or on behalf of, the Company or any of its Subsidiaries as of the Date of TerminationTermination Date.

Appears in 2 contracts

Sources: Executive Employment Agreement (Fortress International Group, Inc.), Executive Employment Agreement (Fortress International Group, Inc.)