Post-Termination Restrictions. 17.1 For a period of six months immediately following the Termination Date, the Executive shall not, whether by herself or by any servant or agent or otherwise howsoever, and whether on the Executive’s own account or on behalf of or in conjunction with any other person, firm, company or other organisation directly or indirectly; 17.1.1 carry on or assist with, be employed by, be engaged by, hold a position with, be concerned in, interested in or control the carrying on of any activity or business which is the same as or competes with the Restricted Business anywhere in any Restricted Territory, (except as the holder of shares in a company whose shares are listed on a Recognised Investment Exchange which confer not more than 5% in total of the votes which could normally be cast at a general meeting of that Company); 17.1.2 in relation to any business which is the same as or in competition with the Restricted Business conduct any business, perform any services for or canvas, solicit or approach or cause to be canvassed or solicited or approached for the purpose of obtaining business, order or custom, or otherwise deal with any person firm, company or other organisation which was a client or customer of the Company or any Group Company at the Termination Date or during the Relevant Period and with whom the Executive had any dealings or of whom the Executive was aware in the course of her employment; 17.1.3 in relation to any business the same as or in competition with the Restricted Business conduct any business, perform any services or supply goods to, canvas, solicit or approach or cause to be canvassed, solicited or approached for the purpose of obtaining business, orders or custom any Prospective Customer with whom the Executive had any dealings in the course of her duties at any time in the Relevant Period. 17.2 For a period of 12 months immediately following the Termination Date, the Executive shall not, whether by herself or by any servant or agent or otherwise howsoever, and whether on the Executive’s own account or on behalf of or in conjunction with any other person, firm, company or other organisation directly or indirectly: 17.2.1 offer employment to or employ or offer to or conclude a contract for services in the Restricted Territory with any Restricted Employee or procure or facilitate the making of such an offer; 17.2.2 seek to entice away from the Company or any Group Company or otherwise solicit or interfere with the relationship between the Company and any Restricted Supplier or any Group Company and any Restricted Supplier. 17.3 The Executive shall not at any time after the Termination Date; 17.3.1 directly or indirectly anywhere in any Restricted Territory carry on a business either alone or jointly with or as officers, manager, agent, consultant or employee of any person whether similar to any part of the business of the Company or any Group Company (as conducted at any time) or otherwise under a title or name comprising or containing the word “Eros” or any approximation/colourable imitation thereof and she will at all times procure that any company controlled by her will not carry out such business under any such title or name; and 17.3.2 say or do anything which is harmful to the reputation or goodwill of the Company or any Group Company or likely to or calculated to lead to any person, firm, company or other organisation withdrawing from or ceasing to continue to offer a Group Company any rights of purchase, sale, import, distribution or agency enjoyed by it; 17.3.3 hold herself out falsely as being in anyway connected with any Group Company; and 17.3.4 solicit, entice or procure or endeavour to solicit, entice or procure any employee to breach their contract of employment with the Company or any Group Company or any person to breach their contract for services with the Company or any Group Company. 17.4 The period of each of the above restrictions shall be reduced by the period, if any, during which the Company exercises its rights under clause 3.5. 17.5 The Executive has had an opportunity to consider the restrictions prior to execution of this agreement and agrees that each of the restrictions set out above constitutes severable and independent covenants and restrictions upon her the duration, extent and application of each of which is no greater than is reasonably necessary for the protection of the goodwill and legitimate trade connections of the Restricted Business. 17.6 Further, if a restriction in clauses 17.1 to 17.3 of this agreement is found void but would be valid if some part of it were deleted, the restriction shall apply with such deletion as may be necessary to make it valid and effective. 17.7 The Executive recognises that, given her role with the Company and within the Group and the Group’s structure, the Company has an interest in the business of the Group Companies which it is legitimate for it to protect by the covenants set out above. 17.8 Notwithstanding and without prejudice to the foregoing provisions of this clause 17 it is acknowledged by the Executive that the Company holds the benefit of these covenants on trust for any Group Company as the Company may direct in substantially the same terms as the covenants the Executive has entered into with the Company. Further, if so requested by the Company, the Executive shall enter into separate contracts with a Group Company for performance of additional duties in exchange for separate compensation as agreed with the Group Company which will not interfere or conflict with her duties under this Agreement. 17.9 The Executive shall show these restrictions to any firm, person, company or other organisation which is the same as or competes with or proposes or is likely to compete with the Restricted Business which offers her employment or a contract for services to her and which she accepts or is minded to accept.
Appears in 4 contracts
Sources: Service Agreement (Eros International PLC), Service Agreement (Eros International PLC), Service Agreement (Eros International PLC)
Post-Termination Restrictions. 17.1 For a period of six months immediately following the Termination Date, the Executive shall not, whether by herself himself or by any servant or agent or otherwise howsoever, and whether on the Executive’s own account or on behalf of or in conjunction with any other person, firm, company or other organisation directly or indirectly;
17.1.1 carry on or assist with, be employed by, be engaged by, hold a position with, be concerned in, interested in or control the carrying on of any activity or business which is the same as or competes with the Restricted Business anywhere in any Restricted Territory, (except as the holder of shares in a company whose shares are listed on a Recognised Investment Exchange which confer not more than 5% in total of the votes which could normally be cast at a general meeting of that Company);
17.1.2 in relation to any business which is the same as or in competition with the Restricted Business conduct any business, perform any services for or canvas, solicit or approach or cause to be canvassed or solicited or approached for the purpose of obtaining business, order or custom, or otherwise deal with any person firm, company or other organisation which was a client or customer of the Company or any Group Company at the Termination Date or during the Relevant Period and with whom the Executive had any dealings or of whom the Executive was aware in the course of her his employment;
17.1.3 in relation to any business the same as or in competition with the Restricted Business conduct any business, perform any services or supply goods to, canvas, solicit or approach or cause to be canvassed, solicited or approached for the purpose of obtaining business, orders or custom any Prospective Customer with whom the Executive had any dealings in the course of her his duties at any time in the Relevant Period.
17.2 For a period of 12 months immediately following the Termination Date, the Executive shall not, whether by herself himself or by any servant or agent or otherwise howsoever, and whether on the Executive’s own account or on behalf of or in conjunction with any other person, firm, company or other organisation directly or indirectly:
17.2.1 offer employment to or employ or offer to or conclude a contract for services in the Restricted Territory with any Restricted Employee or procure or facilitate the making of such an offer;
17.2.2 seek to entice away from the Company or any Group Company or otherwise solicit or interfere with the relationship between the Company and any Restricted Supplier or any Group Company and any Restricted Supplier.
17.3 The Executive shall not at any time after the Termination Date;
17.3.1 directly or indirectly anywhere in any Restricted Territory carry on a business either alone or jointly with or as officers, manager, agent, consultant or employee of any person whether similar to any part of the business of the Company or any Group Company (as conducted at any time) or otherwise under a title or name comprising or containing the word “Eros” or any approximation/colourable imitation thereof and she he will at all times procure that any company controlled by her his will not carry out such business under any such title or name; and
17.3.2 say or do anything which is harmful to the reputation or goodwill of the Company or any Group Company or likely to or calculated to lead to any person, firm, company or other organisation withdrawing from or ceasing to continue to offer a Group Company any rights of purchase, sale, import, distribution or agency enjoyed by it;
17.3.3 hold herself himself out falsely as being in anyway connected with any Group Company; and
17.3.4 solicit, entice or procure or endeavour to solicit, entice or procure any employee to breach their contract of employment with the Company or any Group Company or any person to breach their contract for services with the Company or any Group Company.
17.4 The period of each of the above restrictions shall be reduced by the period, if any, during which the Company exercises its rights under clause 3.5.
17.5 The Executive has had an opportunity to consider the restrictions prior to execution of this agreement and agrees that each of the restrictions set out above constitutes severable and independent covenants and restrictions upon her his the duration, extent and application of each of which is no greater than is reasonably necessary for the protection of the goodwill and legitimate trade connections of the Restricted Business.
17.6 Further, if a restriction in clauses 17.1 to 17.3 of this agreement is found void but would be valid if some part of it were deleted, the restriction shall apply with such deletion as may be necessary to make it valid and effective.
17.7 The Executive recognises that, given her his role with the Company and within the Group and the Group’s structure, the Company has an interest in the business of the Group Companies which it is legitimate for it to protect by the covenants set out above.
17.8 Notwithstanding and without prejudice to the foregoing provisions of this clause 17 it is acknowledged by the Executive that the Company holds the benefit of these covenants on trust for any Group Company as the Company may direct in substantially the same terms as the covenants the Executive has entered into with the Company. Further, if so requested by the Company, the Executive shall enter into separate contracts with a Group Company for performance of additional duties in exchange for separate compensation as agreed with the Group Company which will not interfere or conflict with her duties under this Agreement.
17.9 The Executive shall show these restrictions to any firm, person, company or other organisation which is the same as or competes with or proposes or is likely to compete with the Restricted Business which offers her his employment or a contract for services to her his and which she accepts or is minded to accept.
Appears in 2 contracts
Sources: Service Agreement (Eros International PLC), Service Agreement (Eros International PLC)
Post-Termination Restrictions. 17.1 For a period of six months immediately following the Termination Date, the Executive shall not, whether by herself or by any servant or agent or otherwise howsoever, and whether on the Executive’s own account or on behalf of or in conjunction with any other person, firm, company or other organisation directly or indirectly;:
17.1.1 carry on or assist with, be employed by, be engaged by, hold a position with, be concerned in, interested in or control the carrying on of any activity or business which is the same as or competes with the Restricted Business anywhere in any Restricted Territory, (except as the holder of shares in a company whose shares are listed on a Recognised Investment Exchange which confer not more than 53% in total of the votes which could normally be cast at a general meeting of that Companycompany);
17.1.2 in relation to any business which is the same as or in competition with the Restricted Business conduct any business, perform any services for or canvas, solicit or approach or cause to be canvassed or solicited or approached for the purpose of obtaining business, order orders or custom, or otherwise deal with any person person, firm, company or other organisation which was a client or customer of the Company or any Group Company at the Termination Date or during the Relevant Period and with whom the Executive had any dealings or of whom the Executive was aware in the course of her his employment;
17.1.3 in relation to any business the same as or in competition with the Restricted Business conduct any business, perform any services or supply goods to, canvas, solicit or approach or cause to be canvassed, solicited or approached for the purpose of obtaining business, orders or of custom any Prospective Customer with whom the Executive had any dealings in the course of her his duties at any time in the Relevant Period.
17.2 For a period of 12 twelve months immediately following the Termination Date, the Executive shall not, whether by herself or by any servant or agent or otherwise howsoever, and whether on the Executive’s own account or on behalf of or in conjunction with any other person, firm, company or other organisation directly or indirectly:
17.2.1 offer employment to or employ or offer to or conclude a contract for services in the Restricted Territory with any Restricted Employee or procure or facilitate the making of such an offer;
17.2.2 seek to entice away from the Company or any Group Company or otherwise solicit or interfere with the relationship between the Company and any Restricted Supplier or any Group Company and any Restricted Supplier.
17.3 The Executive shall not at any time after the Termination Date;
17.3.1 directly or indirectly anywhere in any Restricted Territory carry on a business either alone or jointly with or as officers, manager, agent, consultant or employee of any person whether similar to any part of the business of the Company or any Group Company (as conducted at any time) or otherwise under a title or name comprising or containing the word “Eros” or any approximation/colourable imitation thereof and she he will at all times procure that any company controlled by her him will not carry out such business under any such title or name; and
17.3.2 say or do anything which is harmful to the reputation or goodwill of the Company or any Group Company or likely to or calculated to lead to any person, firm, company or other organisation withdrawing to withdraw from or ceasing cease to continue to offer a Group Company any rights of purchase, sale, import, distribution or agency enjoyed by it;
17.3.3 hold herself out falsely as being in anyway any way connected with any Group Company; and
17.3.4 solicit, entice or procure or endeavour to solicit, entice or procure any employee to breach their his contract of employment with the Company or any Group Company or any person to breach their his contract for services with the Company or any Group Company.
17.4 The period of each of the above restrictions shall be reduced by the period, if any, during which the Company exercises its rights under clause 3.5.
17.5 The Executive has had an opportunity to consider the restrictions prior to execution of this agreement and agrees that each of the restrictions set out above constitutes an entirely separate, severable and independent covenants covenant and restrictions restriction upon her him the duration, extent and application of each of which is no greater than is reasonably necessary for the protection of the goodwill and the legitimate trade connections of the Restricted Business.
17.6 Further, if a restriction on him contained in clauses 17.1 to 17.3 of this agreement is found void but would be valid if some part of it were deleted, the restriction shall apply with such deletion as may be necessary to make it valid and effective.
17.7 The Executive recognises that, that given her his role with the Company and within the Group and the Group’s structure, structure the Company has an interest in the business of the other Group Companies which it is legitimate for it to protect by the covenants set out above.
17.8 Notwithstanding and without prejudice to the foregoing provisions of this clause 17 it is acknowledged by the Executive that the Company holds the benefit of these covenants on trust for any Group Company as the Company may direct in substantially the same terms as the covenants the Executive has entered into with the Company. Further, if If so requested by the Company, the Executive shall enter into separate contracts with a Group Company for performance of additional duties in exchange for separate compensation as agreed with the Group Company which will not interfere or conflict with her duties under this AgreementCompany.
17.9 The Executive shall show these restrictions to any firm, person, company or other organisation which is the same as or competes with or proposes or is likely to compete with the Restricted Business which offers her him employment or a contract for services to her him and which she he accepts or is minded to accept.
Appears in 1 contract
Post-Termination Restrictions. 17.1 For a period of six months immediately following the Termination Date, the Executive shall not, whether by herself himself or by any servant or agent or otherwise howsoever, and whether on the Executive’s own account or on behalf of or in conjunction with any other person, firm, company or other organisation directly or indirectly;:
17.1.1 carry on or assist with, be employed by, be engaged by, hold a position with, be concerned in, interested in or control the carrying on of any activity or business which is the same as or competes with the Restricted Business anywhere in any Restricted Territory, (except as the holder of shares in a company whose shares are listed on a Recognised Investment Exchange which confer not more than 53% in total of the votes which could normally be cast at a general meeting of that Companycompany);
17.1.2 in relation to any business which is the same as or in competition with the Restricted Business conduct any business, perform any services for or canvas, solicit or approach or cause to be canvassed or solicited or approached for the purpose of obtaining business, order orders or custom, or otherwise deal with any person person, firm, company or other organisation which was a client or customer of the Company or any Group Company at the Termination Date or during the Relevant Period and with whom the Executive had any dealings or of whom the Executive was aware in the course of her his employment;
17.1.3 in relation to any business the same as or in competition with the Restricted Business conduct any business, perform any services or supply goods to, canvas, solicit or approach or cause to be canvassed, solicited or approached for the purpose of obtaining business, orders or of custom any Prospective Customer with whom the Executive had any dealings in the course of her his duties at any time in the Relevant Period.
17.2 For a period of 12 twelve months immediately following the Termination Date, the Executive shall not, whether by herself himself or by any servant or agent or otherwise howsoever, and whether on the Executive’s own account or on behalf of or in conjunction with any other person, firm, company or other organisation directly or indirectly:
17.2.1 offer employment to or employ or offer to or conclude a contract for services in the Restricted Territory with any Restricted Employee or procure or facilitate the making of such an offer;
17.2.2 seek to entice away from the Company or any Group Company or otherwise solicit or interfere with the relationship between the Company and any Restricted Supplier or any Group Company and any Restricted Supplier.
17.3 The Executive shall not at any time after the Termination Date;
17.3.1 directly or indirectly anywhere in any Restricted Territory carry on a business either alone or jointly with or as officers, manager, agent, consultant or employee of any person whether similar to any part of the business of the Company or any Group Company (as conducted at any time) or otherwise under a title or name comprising or containing the word “Eros” or any approximation/colourable imitation thereof and she he will at all times procure that any company controlled by her him will not carry out such business under any such title or name; and
17.3.2 say or do anything which is harmful to the reputation or goodwill of the Company or any Group Company or likely to or calculated to lead to any person, firm, company or other organisation withdrawing to withdraw from or ceasing cease to continue to offer a Group Company any rights of purchase, sale, import, distribution or agency enjoyed by it;
17.3.3 hold herself himself out falsely as being in anyway connected with any Group Company; and
17.3.4 solicit, entice or procure or endeavour to solicit, entice or procure any employee to breach their his contract of employment with the Company or any Group Company or any person to breach their his contract for services with the Company or any Group Company.
17.4 The period of each of the above restrictions shall be reduced by the period, if any, during which the Company exercises its rights under clause Clause 3.5.
17.5 The Executive has had an opportunity to consider the restrictions prior to execution of this agreement and agrees that each of the restrictions set out above constitutes an entirely separate, severable and independent covenants covenant and restrictions restriction upon her him the duration, duration extent and application of each of which is no greater than is reasonably necessary for the protection of the goodwill and the legitimate trade connections of the Restricted Business.
17.6 Further, if a restriction on him contained in clauses 17.1 to 17.3 of this agreement is found void but would be valid if some part of it were deleted, the restriction shall apply with such deletion as may be necessary to make it valid and effective.
17.7 The Executive recognises that, that given her his role with the Company and within the Group and the Group’s structure, structure the Company has an interest in the business of the other Group Companies which it is legitimate for it to protect by the covenants set out above.
17.8 Notwithstanding and without prejudice to the foregoing provisions of this clause 17 it is acknowledged by the Executive that the Company holds the benefit of these covenants on trust for any Group Company as the Company may direct in substantially the same terms as the covenants the Executive has entered into with the Company. Further, if If so requested by the Company, the Executive shall enter into separate contracts with a Group Company for performance of additional duties in exchange for separate compensation as agreed with the Group Company which will not interfere or conflict with her duties under this AgreementCompany.
17.9 The Executive shall show these restrictions to any firm, person, company or other organisation which is the same as or competes with or proposes or is likely to compete with the Restricted Business which offers her his employment or a contract for services to her him and which she he accepts or is minded to accept.
Appears in 1 contract
Post-Termination Restrictions. 17.1 For a period of six months immediately following the Termination Date, the Executive shall not, whether by herself or by any servant or agent or otherwise howsoever, and whether on the Executive’s own account or on behalf of or in conjunction with any other person, firm, company or other organisation directly or indirectly;
17.1.1 carry on or assist with, be employed by, be engaged by, hold a position with, be concerned in, interested in or control the carrying on of any activity or business which is the same as or competes with the Restricted Business anywhere in any Restricted Territory, (except as the holder of shares in a company whose shares are listed on a Recognised Investment Exchange which confer not more than 5% in total of the votes which could normally be cast at a general meeting of that Company);
17.1.2 in relation to any business which is the same as or in competition with the Restricted Business conduct any business, perform any services for or canvas, solicit or approach or cause to be canvassed or solicited or approached for the purpose of obtaining business, order or custom, or otherwise deal with any person firm, company or other organisation which was a client or customer of the Company or any Group Company at the Termination Date or during the Relevant Period and with whom the Executive had any dealings or of whom the Executive was aware in the course of her employment;; /s/ NC /s/ JD
17.1.3 in relation to any business the same as or in competition with the Restricted Business conduct any business, perform any services or supply goods to, canvas, solicit or approach or cause to be canvassed, solicited or approached for the purpose of obtaining business, orders or custom any Prospective Customer with whom the Executive had any dealings in the course of her duties at any time in the Relevant Period.
17.2 For a period of 12 months immediately following the Termination Date, the Executive shall not, whether by herself or by any servant or agent or otherwise howsoever, and whether on the Executive’s own account or on behalf of or in conjunction with any other person, firm, company or other organisation directly or indirectly:
17.2.1 offer employment to or employ or offer to or conclude a contract for services in the Restricted Territory with any Restricted Employee or procure or facilitate the making of such an offer;
17.2.2 seek to entice away from the Company or any Group Company or otherwise solicit or interfere with the relationship between the Company and any Restricted Supplier or any Group Company and any Restricted Supplier.
17.3 The Executive shall not at any time after the Termination Date;
17.3.1 directly or indirectly anywhere in any Restricted Territory carry on a business either alone or jointly with or as officers, manager, agent, consultant or employee of any person whether similar to any part of the business of the Company or any Group Company (as conducted at any time) or otherwise under a title or name comprising or containing the word “Eros” or any approximation/colourable imitation thereof and she will at all times procure that any company controlled by her will not carry out such business under any such title or name; and
17.3.2 say or do anything which is harmful to the reputation or goodwill of the Company or any Group Company or likely to or calculated to lead to any person, firm, company or other organisation withdrawing from or ceasing to continue to offer a Group Company any rights of purchase, sale, import, distribution or agency enjoyed by it;
17.3.3 hold herself out falsely as being in anyway connected with any Group Company; andand /s/ NC /s/ JD
17.3.4 solicit, entice or procure or endeavour to solicit, entice or procure any employee to breach their contract of employment with the Company or any Group Company or any person to breach their contract for services with the Company or any Group Company.
17.4 The period of each of the above restrictions shall be reduced by the period, if any, during which the Company exercises its rights under clause 3.5.
17.5 The Executive has had an opportunity to consider the restrictions prior to execution of this agreement and agrees that each of the restrictions set out above constitutes severable and independent covenants and restrictions upon her the duration, extent and application of each of which is no greater than is reasonably necessary for the protection of the goodwill and legitimate trade connections of the Restricted Business.
17.6 Further, if a restriction in clauses 17.1 to 17.3 of this agreement is found void but would be valid if some part of it were deleted, the restriction shall apply with such deletion as may be necessary to make it valid and effective.
17.7 The Executive recognises that, given her role with the Company and within the Group and the Group’s structure, the Company has an interest in the business of the Group Companies which it is legitimate for it to protect by the covenants set out above.
17.8 Notwithstanding and without prejudice to the foregoing provisions of this clause 17 it is acknowledged by the Executive that the Company holds the benefit of these covenants on trust for any Group Company as the Company may direct in substantially the same terms as the covenants the Executive has entered into with the Company. Further, if so requested by the Company, the Executive shall enter into separate contracts with a Group Company for performance of additional duties in exchange for separate compensation as agreed with the Group Company which will not interfere or conflict with her duties under this Agreement.
17.9 The Executive shall show these restrictions to any firm, person, company or other organisation which is the same as or competes with or proposes or is likely to compete with the Restricted Business which offers her employment or a contract for services to her and which she accepts or is minded to accept.
Appears in 1 contract
Post-Termination Restrictions. 17.1 For a period of six months immediately following the Termination Date, the Executive shall not, whether by herself himself or by any servant or agent or otherwise howsoever, and whether on the Executive’s own account or on behalf of or in conjunction with any other person, firm, company or other organisation directly or indirectly;:
17.1.1 carry on or assist with, be employed by, be engaged by, hold a position with, be concerned in, interested in or control the carrying on of any activity or business which is the same as or competes with the Restricted Business anywhere in any Restricted Territory, (except as the holder of shares in a company whose shares are listed on a Recognised Investment Exchange which confer not more than 53% in total of the votes which could normally be cast at a general meeting of that Companycompany);
17.1.2 in relation to any business which is the same as or in competition with the Restricted Business conduct any business, perform any services for or canvas, solicit or approach or cause to be canvassed or solicited or approached for the purpose of obtaining business, order orders or custom, or otherwise deal with any person person, firm, company or other organisation which was a client or customer of the Company or any Group Company at the Termination Date or during the Relevant Period and with whom the Executive had any dealings or of whom the Executive was aware in the course of her his employment;
17.1.3 in relation to any business the same as or in competition with the Restricted Business conduct any business, perform any services or supply goods to, canvas, solicit or approach or cause to be canvassed, solicited or approached for the purpose of obtaining business, orders or of custom any Prospective Customer with whom the Executive had any dealings in the course of her his duties at any time in the Relevant Period.
17.2 For a period of 12 twelve months immediately following the Termination Date, the Executive shall not, whether by herself himself or by any servant or agent or otherwise howsoever, and whether on the Executive’s own account or on behalf of or in conjunction with any other person, firm, company or other organisation directly or indirectly:
17.2.1 offer employment to or employ or offer to or conclude a contract for services in the Restricted Territory with any Restricted Employee or procure or facilitate the making of such an offer;
17.2.2 seek to entice away from the Company or any Group Company or otherwise solicit or interfere with the relationship between the Company and any Restricted Supplier or any Group Company and any Restricted Supplier.
17.3 The Executive shall not at any time after the Termination Date;
17.3.1 directly or indirectly anywhere in any Restricted Territory carry on a business either alone or jointly with or as officers, manager, agent, consultant or employee of any person whether similar to any part of the business of the Company or any Group Company (as conducted at any time) or otherwise under a title or name comprising or containing the word “Eros” or any approximation/colourable imitation thereof and she he will at all times procure that any company controlled by her him will not carry out such business under any such title or name; and
17.3.2 say or do anything which is harmful to the reputation or goodwill of the Company or any Group Company or likely to or calculated to lead to any person, firm, company or other organisation withdrawing to withdraw from or ceasing cease to continue to offer a Group Company any rights of purchase, sale, import, distribution or agency enjoyed by it;
17.3.3 hold herself himself out falsely as being in anyway any way connected with any Group Company; and
17.3.4 solicit, entice or procure or endeavour to solicit, entice or procure any employee to breach their his contract of employment with the Company or any Group Company or any person to breach their his contract for services with the Company or any Group Company.
17.4 The period of each of the above restrictions shall be reduced by the period, if any, during which the Company exercises its rights under clause 3.5.
17.5 The Executive has had an opportunity to consider the restrictions prior to execution of this agreement and agrees that each of the restrictions set out above constitutes an entirely separate, severable and independent covenants covenant and restrictions restriction upon her him the duration, extent and application of each of which is no greater than is reasonably necessary for the protection of the goodwill and the legitimate trade connections of the Restricted Business.
17.6 Further, if a restriction on him contained in clauses 17.1 to 17.3 of this agreement is found void but would be valid if some part of it were deleted, the restriction shall apply with such deletion as may be necessary to make it valid and effective.
17.7 The Executive recognises that, that given her his role with the Company and within the Group and the Group’s structure, structure the Company has an interest in the business of the other Group Companies which it is legitimate for it to protect by the covenants set out above.
17.8 Notwithstanding and without prejudice to the foregoing provisions of this clause 17 it is acknowledged by the Executive that the Company holds the benefit of these covenants on trust for any Group Company as the Company may direct in substantially the same terms as the covenants the Executive has entered into with the Company. Further, if If so requested by the Company, the Executive shall enter into separate contracts with a Group Company for performance of additional duties in exchange for separate compensation as agreed with the Group Company which will not interfere or conflict with her duties under this AgreementCompany.
17.9 The Executive shall show these restrictions to any firm, person, company or other organisation which is the same as or competes with or proposes or is likely to compete with the Restricted Business which offers her his employment or a contract for services to her him and which she he accepts or is minded to accept.
Appears in 1 contract
Post-Termination Restrictions. 17.1 16.1 For a period of six twelve months immediately following the Termination Date, the Executive shall not, whether by herself himself or by any servant or agent or otherwise howsoever, and whether on the Executive’s 's own account or on behalf of or in conjunction with any other person, firm, company or other organisation directly or indirectly;:
17.1.1 16.1.1 `carry on or assist with, be employed by, be engaged by, hold a position with, be concerned in, interested in or control the carrying on of any activity or business which is the same as or competes with the Restricted Business anywhere in any Restricted Territory, (except as the holder of shares in a company whose shares are listed on a Recognised Investment Exchange which confer not more than 53% in total of the votes which could normally be cast at a general meeting of that Companycompany);
17.1.2 16.1.2 in relation to any business which is the same as or in competition with the Restricted Business conduct any business, perform any services for or canvas, solicit or approach or cause to be canvassed or solicited or approached for the purpose of obtaining business, order orders or custom, or otherwise deal with any person person, firm, company or other organisation which was a client or customer of the Company or any Group Company at the Termination Date or during the Relevant Period and with whom the Executive had any dealings or of whom the Executive was aware in the course of her his employment;
17.1.3 16.1.3 in relation to any business the same as or in competition with the Restricted Business conduct any business, perform any services or supply goods to, canvas, solicit solicit, deal or approach or cause to be canvassed, solicited or approached for the purpose of obtaining business, orders or of custom any Prospective Customer with whom the Executive had any dealings in the course of her his duties at any time in the Relevant Period.
17.2 16.2 For a period of 12 twelve months immediately following the Termination Date, the Executive shall not, whether by herself himself or by any servant or agent or otherwise howsoever, and whether on the Executive’s 's own account or on behalf of or in conjunction with any other person, firm, company or other organisation directly or indirectly:
17.2.1 16.2.1 offer employment to or employ or offer to or conclude a contract for services in the Restricted Territory with any Restricted Employee or procure or facilitate the making of such an offer;
17.2.2 16.2.2 seek to entice away from the Company or any Group Company or otherwise solicit or interfere with the relationship between the Company and any Restricted Supplier or any Group Company and any Restricted Supplier.
17.3 16.3 The Executive shall not at any time after the Termination Date;
17.3.1 16.3.1 directly or indirectly anywhere in any Restricted Territory for a period of 12 (twelve months) following the Termination Date carry on a business either alone or jointly with or as officers, manager, agent, consultant or employee of any person whether similar to any part of the business of the Company or any Group Company (as conducted at any time) or otherwise under a title or name comprising or containing the word “Eros” Bollywood or any approximation/colourable imitation thereof and she he will at all times procure that any company controlled by her him will not carry out such business under any such title or name; and
17.3.2 16.3.2 say or do anything which is harmful to the reputation or goodwill of the Company or any Group Company or likely to or calculated to lead to any person, firm, company or other organisation withdrawing to withdraw from or ceasing cease to continue to offer a Group Company any rights of purchase, sale, import, distribution or agency enjoyed by it;
17.3.3 16.3.3 hold herself himself out falsely as being in anyway connected with any Group Company; and
17.3.4 16.3.4 solicit, entice or procure or endeavour to solicit, entice or procure any employee to breach their his contract of employment with the Company or any Group Company or any person to breach their his contract for services with the Company or any Group Company.
17.4 16.4 The period of each of the above restrictions shall be reduced by the period, if any, during which the Company exercises its rights under clause 3.5.
17.5 16.5 The Executive has had an opportunity to consider the restrictions prior to execution of this agreement and agrees that each of the restrictions set out above constitutes an entirely separate, severable and independent covenants covenant and restrictions restriction upon her him the duration, duration extent and application of each of which is no greater than is reasonably necessary for the protection of the goodwill and the legitimate trade connections of the Restricted Business.
17.6 16.6 Further, if a restriction on him contained in clauses 17.1 to 17.3 of this agreement is found void but would be valid if some part of it were deleted, the restriction shall apply with such deletion as may be necessary to make it valid and effective.
17.7 16.7 The Executive recognises that, that given her his role with the Company and within the Group and the Group’s structure, 's structure the Company has an interest in the business of the other Group Companies which it is legitimate for it to protect by the covenants set out above.
17.8 16.8 Notwithstanding and without prejudice to the foregoing provisions of this clause 17 it is acknowledged by the Executive that the Company holds the benefit of these covenants on trust for any Group Company as the Company may direct in substantially the same terms as the covenants the Executive has entered into with the Company. Further, if If so requested by the Company, the Executive shall enter into separate contracts with a Group Company for performance of additional duties in exchange for separate compensation as agreed with the Group Company which will not interfere or conflict with her duties under this AgreementCompany.
17.9 16.9 The Executive shall show these restrictions to any firm, person, company or other organisation which is the same as or competes with or proposes or is likely to compete with the Restricted Business which offers her him employment or a contract for services to her him and which she he accepts or is minded to accept.
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Post-Termination Restrictions. 17.1 For a period of six months immediately following the Termination Date, the Executive shall not, whether by herself or by any servant or agent or otherwise howsoever, and whether on the Executive’s own account or on behalf of or in conjunction with any other person, firm, company or other organisation directly or indirectly;
17.1.1 carry on or assist with, be employed by, be engaged by, hold a position with, be concerned in, interested in or control the carrying on of any activity or business which is the same as or competes with the Restricted Business anywhere in any Restricted Territory, (except as the holder of shares in a company whose shares are listed on a Recognised Investment Exchange which confer not more than 53% in total of the votes which could normally be cast at a general meeting of that Company);
17.1.2 in relation to any business which is the same as or in competition with the Restricted Business conduct any business, perform any services for or canvas, solicit or approach or cause to be canvassed or solicited or approached for the purpose of obtaining business, order or custom, or otherwise deal with any person firm, company or other organisation organization which was a client or customer of the Company or any Group Company at the Termination Date or during the Relevant Period and with whom the Executive had any dealings or of whom the Executive was aware in the course of her employment;
17.1.3 in relation to any business the same as or in competition with the Restricted Business conduct any business, perform any services or supply goods to, canvas, solicit or approach or cause to be canvassed, solicited or approached for the purpose of obtaining business, orders or of custom any Prospective Customer with whom the Executive had any dealings in the course of her duties at any time in the Relevant Period.
17.2 For a period of 12 twelve months immediately following the Termination Date, the Executive shall not, whether by herself or by any servant or agent or otherwise howsoever, howsoever ,and whether on the Executive’s own account or on behalf of or in conjunction with any other person, firm, company or other organisation organization directly or indirectly:
17.2.1 offer employment to or employ or offer to or conclude a contract for services in the Restricted Territory with any Restricted Employee or procure or facilitate the making of such an offer;
17.2.2 seek to entice away from the Company or any Group Company or otherwise solicit or interfere with the relationship between the Company and any Restricted Supplier or any Group Company and any Restricted Supplier.
17.3 The Executive shall not at any time after the Termination Date;
17.3.1 directly or indirectly anywhere in any Restricted Territory carry on a business either alone or jointly with or as officers, manager, agent, consultant or employee of any person whether similar to any part of the business of the Company or any Group Company (as conducted at any time) or otherwise under a title or name comprising or containing the word “Eros” or any approximation/colourable imitation thereof and she he will at all times procure that any company controlled by her will not carry out such business under any such title or name; and
17.3.2 say or do anything which is harmful to the reputation or goodwill of the Company or any Group Company or likely to or calculated to lead to any person, firm, company or other organisation withdrawing to withdraw from or ceasing cease to continue to offer a Group Company any rights of purchase, sale, import, distribution or agency enjoyed by it;
17.3.3 hold herself out falsely as being in anyway connected with any Group Company; and
17.3.4 solicit, entice or procure or endeavour to solicit, entice or procure any employee to breach their her contract of employment with the Company or any Group Company or any person to breach their her contract for services with the Company or any Group Company.
17.4 The period of each of the above restrictions shall be reduced by the period, if any, during which the Company exercises its rights under clause 3.5.
17.5 The Executive has had an opportunity to consider the restrictions prior to execution of this agreement and agrees that each of the restrictions set out above constitutes and entirely separate severable and independent covenants covenant and restrictions upon restriction up her the duration, duration extent and application of each of which is no greater than is reasonably necessary for the protection of the goodwill and the legitimate trade connections of the Restricted Business.
17.6 Further, if a restriction on her contained in clauses 17.1 to 17.3 of this agreement is found void but would be valid if some part of it were deleted, the restriction shall apply with such deletion as may be necessary to make it valid and effective.
17.7 The Executive recognises that, recognizes that given her role with the Company and within the Group and the Group’s structure, structure the Company has an interest in the business of the Group Companies which it is legitimate for it to protect by the covenants set out above.
17.8 Notwithstanding and without prejudice to the foregoing provisions of this clause 17 it is acknowledged by the Executive that the Company holds the benefit of these covenants on trust for any Group Company as the Company may direct in substantially the same terms as the covenants the Executive has entered into with the Company. Further, if so requested by the Company, the Executive shall enter into separate contracts with a Group Company for performance of additional duties in exchange for separate compensation as agreed with the Group Company which will not interfere or conflict with her duties under this Agreement.
17.9 The Executive shall show these restrictions to any firm, person, company or other organisation organization which is the same as or competes with or proposes or is likely to compete with the Restricted Business which offers her employment or a contract for services to her and which she he accepts or is minded to accept.
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