After the Term. For a period of eighteen (18) months after the Term (the "Restricted Period"), the Executive shall keep, observe and abide by each of the following separate covenants: 5.2.1 Except on behalf of the Company, the Executive shall not, either directly or indirectly, on his own behalf or as a partner, officer, director, employee, consultant, agent or trustee of any person, firm, corporation, partnership or other entity, within the Area, as defined in Section 5.3, engage in or be employed by or have any interest in any business organization of whatever form engaged, either directly or indirectly, in a Competing Business in a capacity that requires him to perform services on behalf of such Competing Business substantially similar to those performed by him on behalf of the Company; provided, however, that the Executive may during the Restricted Period interview and seek to make arrangements for such employment, engagement or interest that commences after the Restricted Period. 5.2.2 During the Restricted Period, except on behalf of the Company, the Executive shall not, either directly or indirectly, on his own behalf or in the service or on behalf of others, solicit, divert or hire away, to any Competing Business or attempt to solicit, divert or hire away, to any Competing Business any person or persons employed by the Company as of the termination of the Term or within the six (6) months preceding or subsequent to the termination of the Term, whether or not such employee is a full-time employee or a temporary employee of the Company, and whether or not such employment is pursuant to a written contract with the Company or is for a determined period or at will, until such employee has ceased his employment with the Company for at least six (6) months.
Appears in 2 contracts
Sources: Employment Agreement (Access Beyond Inc), Employment Agreement (Hayes Corp)