Of Customers Clause Samples
The "Of Customers" clause defines the rights, responsibilities, or obligations pertaining to customers within an agreement. Typically, this clause outlines who qualifies as a customer, what services or products they are entitled to receive, and any specific requirements or limitations that apply to them. For example, it may specify eligibility criteria, payment terms, or conduct expectations for customers. The core function of this clause is to clearly establish the relationship between the business and its customers, ensuring both parties understand their roles and reducing the risk of disputes.
Of Customers solicit, induce, or attempt to induce any customer of the Company or any subsidiary or affiliate of the Company to cease doing business in whole or in part with or through the Company or a subsidiary or affiliate, or to do business with any Competitor.
Of Customers. During the Term of this Agreement and for a period the longer of (i) one (1) year following the effective date of termination of the employment relationship or (ii) the time the Covenant Against Competition (defined below) remains in effect, Employee, either on Employee's own account or for any person, firm, company or other entity, shall not solicit or induce, or attempt to induce, any customer of Employer to purchase any products or services which compete with any products or services offered by Employer at the time of the termination of the employment relationship.
Of Customers. During your employment relationship with the Company, you will not, either directly or indirectly, whether on your own behalf or on behalf of any other individual or entity (other than the Company), solicit or attempt to solicit any customer or actively sought prospective customer of the Company for the purpose of providing such customer or actively sought prospective customer a product that is competitive with a product then offered or under development by the Company. For six (6) months after the termination of your employment for any reason, you will not, either directly or indirectly, whether on your own behalf or on behalf of any other individual or entity, solicit or attempt to solicit any customer or actively sought prospective customer of the Company with whom you had Material Contact during your employment for the purpose of providing such customer or actively sought prospective customer a product that is competitive with a product offered or under development by the Company as of the termination of your employment. For purposes of this paragraph 12(a), you will be deemed to have had “Material Contact” with a customer or actively sought prospective customer of the Company if you (i) dealt directly with the customer or actively sought prospective customer on behalf of the Company; (ii) coordinated or supervised the Company’s dealings with the customer or actively sought prospective customer; (iii) obtained confidential information about the customer or actively sought prospective customer in the ordinary course and as a result of the parties’ employment relationship; or (iv) received compensation resulting directly from the Company’s sale of products to the customer or actively sought prospective customer.
Of Customers. During the period of employment as an Employee and for a period of two (2) years after termination of such employment (for any reason, whether voluntarily or involuntarily), the Employee shall not directly or indirectly either for himself or for any other commercial entity, solicit, divert or perform any services for or attempt to solicit, divert or perform any services for, any of the Company’s customers, prospective customers or business in existence at the time of termination of such employment. For purposes of this Agreement, “customers” shall include those customers that were customers of the Company within the twelve (12) month period prior to the Employee’s termination. For purposes of this Agreement, “prospective customers” shall include those persons and entities with which the Company has had discussions regarding, or to which the Company has made presentations for, business within the twelve (12) month period prior to the Employee’s termination. During the period of employment as an Employee and while all restrictions contained herein apply, the Employee shall inform all prospective employers and business partners of such restrictions prior to acceptance of or entering into new employment or other business arrangement.
Of Customers for eighteen (18) months following Executive’s termination from employment, solicit, induce or attempt to induce any customer of the Company or any subsidiary or affiliate of the Company to cease doing business in whole or in part with or through the Company or a subsidiary or affiliate, or to do business with any Competitor. For purposes of this Agreement, ‘Competitor’ means a person or entity who or which is engaged in a material line of business conducted by the Company and/or any subsidiary or affiliate of the Company. For purposes of this Agreement, ‘a material line of business conducted by the Company and/or any subsidiary or affiliate of the Company’ means an activity of the Company and/or any subsidiary or affiliate of the Company generating gross revenues to the Company and/or any subsidiary or affiliate of the Company of more than twenty-five million dollars ($25,000,000) in the immediately preceding fiscal year of the Company.” Following notification by the Executive of Executive’s election under alternative (i) or (ii) above, all of the terms and conditions of this Agreement shall remain in full force and effect. For avoidance of doubt, in the event that (A) the Company and the Executive have not reached a mutual agreement in writing as to the position Executive will fill upon the expiration of the Assignment Period (which failure to reach a mutual agreement may be based, among other things, in whole or in part upon the Company’s failure to timely notify the Executive as to the position the Company desires the Executive to fill upon the expiration of the Assignment Period in accordance with this Section 4.1.5) and (B) the Executive does not timely elect either alternative (i) or (ii) above, the Executive shall be deemed for all purposes of this Agreement to have timely elected alternative (i) above.
Of Customers. Consultant acknowledges that Company’s business depends to a significant degree upon the possession of information which is not generally known to others, and that the success and profitability of Company requires that this information remain proprietary to Company. To enable Consultant to provide the Services to Company, Company may disclose to Consultant all or part of its Trade Secrets and/or Confidential Information. In order to guard the legitimate interest of Company in this information, it is necessary for Company to protect this information by holding it confidential or as a trade secret, respectively. Due to the access and knowledge Consultant may acquire about Company’s business, research and development plans, technologies, software and customers, and due to the value of Company’s Trade Secrets and the difficulty of replacing them if they are disclosed, taken or misused for any reason, this Consulting Agreement is in part intended to protect Company’s Trade Secrets and any other Confidential Information Consultant acquires while performing the Services, and also to protect Company from unfair solicitation of its customers through unauthorized use or disclosure of its Trade Secrets.
Of Customers. Employee agrees that he will not (in addition to any other restriction on his activities), for a period of two (2) years immediately following Employee's termination, on his own behalf or on behalf of any other person or entity, directly or indirectly call on or otherwise contact customers of the Company on or prior to the date of termination or cessation of Employee's employment with the Company (the "Restricted Customers") within the geographic area described in Section 7(d)(iv), for the purpose of selling products or services to the Restricted Customers that are competitive with those provided by the Company.
Of Customers. Employee will not directly or indirectly at any time during the period of Employee’s employment or for a period of twenty-four (24) months following the termination of that employment (whether voluntarily or involuntarily), directly or indirectly, solicit, divert, or take away or supervise any other person, firm, or other entity in soliciting, diverting, or take away any Customer or Prospective Customer of the Company for the purpose of selling, performing or providing business services to that Customer or Prospective Customer.
Of Customers. Golden agrees that, for a period of 24 months following the Effective Date, he will not directly or indirectly, for himself, or on behalf of, or in conjunction with, any other person, company, partnership, corporation, or governmental entity, solicit or attempt to solicit or otherwise disrupt or attempt to S&W’s relationship with or business expectancy with any customer of S&W for the purpose of offering to provide or providing similar products or services as those offered or provided S&W.. For purposes of this Agreement, “customer” means: (i) any person, company, business, or any other entity that S&W did business with or that S&W reasonably expected to do business with; and (ii) with which Golden had contact or learned confidential information about during the 24 month period prior to the Separation Date, and includes the employees, agents, and affiliates of the persons or entities which have a relationship with Company, if they have the authority to make or affect decisions of those entities.