Business Interference. Retailer is not authorized under this Agreement or under any other agreement or understanding between the Parties, unless expressly agreed to in writing, to be an authorized retailer of Manufacturer on Xxxxxx.xxx and Third Party Marketplaces. Further, Retailer acknowledges that Manufacturer has an exclusive contractual obligation to a third-party company (that is not a party to this Agreement) to act as Manufacturer’s exclusive authorized retailer on Xxxxxx.xxx and Third Party Marketplaces. Therefore, Retailer agrees that if it violates this Agreement, directly or indirectly, including but not limited to, the restriction against selling to or via Xxxxxx.xxx or Third Party Marketplaces, that Retailer has tortuously interfered with Manufacturer’s business relationship and contractual duties with Manufacturer’s exclusive authorized reseller 5. Liquidated Damages: Retailer acknowledges that any breach of the obligations of this Agreement, other than the obligation to pay Manufacturer for Products purchased, will cause Manufacturer monetary damages that are difficult or impossible to quantify with specificity. Retailer agrees to pay Manufacturer as a reasonable estimate of actual monetary damages from such breach(es) liquidated damages in an amount equal to $350.00 for each separate breach for each day that any breach continues. For example, if Retailer breaches this Agreement by selling or offering to sell to customers on Xxxxxx.xxx three (3) different Products for 10 days, liquidated damages shall be $10,500 and if Retailer offers to sell fifty (50) Products on Xxxxxx.xxx for a period of 30 days, the liquidated damages shall be at minimum $525,000. The parties agree that the liquidated damages provided herein is not a penalty but is a reasonable estimate of damages that are difficult or impossible to ascertain in view of the damages anticipated by Retailer’s breach(es). Liquidated damages shall be Manufacturers exclusive monetary remedy for Retailer’s breach(es) of Paragraphs 1, 2 & 3 herein, provided that Manufacturer shall also be entitled to recover its reasonable attorneys’ fees and costs incurred in enforcing its rights hereunder, as well as all equitable relief to which it may be entitled and to terminate Retailer as a retailer of Manufacturer. For breach of any other provisions of this Agreement or any statutory or common law rights and obligations, Retailer shall not be limited to the damages formula herein, but shall be liable for all damages of Manu...
Business Interference. During employment with the Company and for a period of one year thereafter (regardless of the reason for termination) employee agrees he will not, directly or indirectly, in any way for his own account, as employee, stockholder, partner, or otherwise, or for the account of any other person, corporation, or entity inappropriately or unethically solicit clients, Premier Research Worldwide employees or independent contractors that would interfere with the business of the Company.
Business Interference. Neither Seller, nor any of its Subsidiaries shall, directly or indirectly (i) for a period commencing on the Closing Date and ending three (3) years from the date thereof, solicit, seek to hire or induce any of the Transferred Employees and any other employees of Purchaser, Finance Company or any of their Affiliates that work with the Transferred Employees in the Restricted Business to become employed by Seller, or any of its Subsidiaries or any other business enterprise or encourage any such employee to leave the employment of Purchaser, Finance Company or any of their Affiliates (provided, however, that this Section shall not apply to any employee who first contacts Seller solely in response to a general solicitation for employment) or (ii) for a period commencing on the Closing Date and ending three (3) years from the date thereof, in any manner whatsoever induce, or assist others to induce, any client or customer (including, without limitation, any obligor, lessee, borrower, or any broker, vendor, supplier or any other party that originates or sources Financing Contracts for Purchaser, Finance Company or any of their Affiliates) to (A) terminate its association with Purchaser, Finance Company or any of their Affiliates with regard to the Restricted Business or (B) do anything, directly or indirectly to tortiously interfere with the business relationship between Purchaser, Finance Company or any of their Affiliates and any such party, in each case with regard to the Restricted Business or (iii) for a period of three (3) years commencing on the Closing Date, use for any purpose, disclose to any Person, or disseminate, except as may be required by law or regulatory authority, any confidential information relating to the Financing Contracts of Finance Company and the business related thereto, including, without limitation, the identity of any Obligors, brokers, vendors or suppliers with whom Finance Company has done business or any list which names any Obligors, brokers, vendors or suppliers with whom Finance Company has done business.
Business Interference. During the term of this Agreement and for twelve (12) months thereafter, Consultant will not, directly or indirectly by any means (including without limitation acting by or through any other person or entity), solicit, induce, or attempt to induce any employee, consultant, supplier, clinical investigator, clinical site, or service provider of Dynavax to reduce or otherwise alter, terminate, or breach any employment, contractual, or other business relationship with Dynavax.
Business Interference. The Holding Company shall not impair the ability of the Issuer to administer its Business and shall not cause the Issuer to take actions inconsistent with its obligations under the Transaction Documents.
Business Interference. The Parent shall not impair the ability of the Issuer to administer its Business and shall not cause the Issuer to take actions inconsistent with its obligations under the Transaction Documents.
