Common use of Soliciting Customers Clause in Contracts

Soliciting Customers. A. Employee promises and agrees that Employee will not, during the term of this Agreement, including any option terms, or for a period of twelve (12) months after termination of this Agreement, influence or attempt to influence customers of the Company, either directly or indirectly, to divert their business to any individual, partnership, firm, corporation or other similar entity then in competition with the business of the Company or any subsidiary or affiliate of the Company, including, but not limited to, any radio station or television station broadcasting within a one hundred fifty (150) mile radius of Los Angeles, California. B. Because damages for any such solicitation of Company customers in violation of the foregoing would be difficult if not impossible to ascertain, Employee hereby agrees that if Employee solicits customers in violation of this Agreement, the Company shall be entitled to an award of the greater of its actual damages or liquidated damages against Employee in the amount of One Hundred Thousand ($100,000.00) (per customer solicited); and, in addition, the Company shall be entitled to an award against Employee for the reasonable attorneys’ fees and costs incurred in enforcing this provision.