Company Customers. Executive shall not, during the Restricted ----------------- Period, directly or indirectly, contact, solicit or do business with any "customers" (as hereinafter defined) of the Company for the purpose of selling or providing any product or service then sold or provided by the Company to such customers or being actively developed to be sold or provided to such customers during Executive's employment by the Company or at the time of termination of Executive's employment hereunder. For the purposes of the provisions of this Section 4(d), "customer" shall include any entity that purchased any product or service from the Company within twelve months of the termination of Executive's employment hereunder, without regard to the reason for such termination. The term "customer" also includes any former customer or potential customer of the Company which the Company has solicited within twelve months of such termination, for the purpose of selling or providing any product or service then sold or provided, or then actively being developed to be sold or provided, by the Company.
Company Customers. Executive shall not, during the Term and for a period of one year thereafter, except as required by the Company in the performance by Executive of his duties under this Agreement, directly or indirectly, on behalf of a Competing Business, contact, solicit or do business with any "customers" (as defined below) of any Related Entity for the purpose of selling or licensing any product, service, or technology then sold or licensed by such Related Entity the Company or proposed to be sold or licensed by such Related Entity. For the purposes of the provisions of this Section 5(d), "customer" shall include any entity that, within two years prior to the termination of Executive's employment hereunder, purchased or licensed any product, service, or technology from such Related Entity. The term "customer" also includes any former customer or potential customer of a Related Entity which the Related Entity has solicited within two years prior to the termination of Executive's employment hereunder for the purpose of selling or licensing any product, service, or technology then sold or licensed by the Company or proposed to be sold or licensed.
Company Customers. During the Employment Term and for a period of one (1) year thereafter, Executive shall not in any manner, directly or indirectly, initiate contact with or solicit to do business with any "customers" (as defined below) of the Company for the purpose of selling or providing any product or service then sold or provided by the Company to such customers or proposed to be sold or provided to such customers during Executive's employment with the Company or at the time of termination of Executive's employment hereunder. For the purposes of the provisions of this Section 6, "customer" shall include any entity that purchased any product or service from the Company during the Employment Term. The term "customer" also includes any former customer or potential customer of the Company which the Company has solicited during the Employment Term, for the purpose of selling or providing any product or service then sold or provided, or then contemplated to be sold or provided, by the Company. Modification of Covenants. The restrictions against competition set forth in this Section 6 are considered by the parties to be reasonable for the purposes of protecting the business of the Company. However, if any such restriction is found by any court of competent jurisdiction to be unenforceable because it extends for too long a period of time or over too great a range of activities or in too broad a geographic area, it shall be interpreted to extend only over the maximum period of time, range of activities, or geographic area as to which it may be enforceable.
Company Customers. Executive shall not, during the Term and for a period of two years thereafter, except as required by the Company in the performance by Executive of his duties under this Agreement, directly or indirectly , on behalf of a Competing Business, contact, solicit or do business with any "customers" (as defined below) of the Company or any Related Entity for the purpose of selling or licensing any product, service, or technology then sold or licensed by such Related Entity or the Company or proposed to be sold or licensed by such Related Entity or the Company. For the purposes of the provisions of this Section 5(d), "customer" shall include any entity that, within two years prior to the termination of Executive's employment hereunder, purchased or licensed any product, service, or technology from such Related Entity or the Company. The term "customer" also includes any former customer or potential customer of a Related Entity or the Company which the Related Entity or the Company has solicited within two years prior to the termination of Executive's employment hereunder for the purpose of selling or licensing any product, service, or technology then sold or licensed by the Company or any Related Entity or proposed to be sold or licensed.
Company Customers. Executive shall not, during the Agreement Term (or, if severance is then being paid to Executive as contemplated by Sections 4(b) and 5(d) hereof, so long as the Company shall continue to pay to Executive all amounts described as severance pursuant to Section 5(d) and the benefits, perquisites and bonus also described therein, subject to suspension as set forth herein), except as required by the Company in the performance of Executives duties hereunder, directly or indirectly, contact, solicit, enter into discussions with, regardless of who initiates such discussion, or do business with (i) Wal-mart Stores, Inc., Target Stores, Caldor, Phar-mor, Best Buy, CompUSA, Kmart or Office Depot (or any of their respective affiliated operations) for the purpose of selling computer software or video games (or any related books or other intellectual property or merchandise relating thereto) to such customers; (ii) any "customers" (as defined below) of the Company for the purpose of selling computer software or video games (or any related books or other intellectual property or merchandise relating thereto). For the purposes of the provisions of this Section 4(d), "customer" shall include any entity that purchased computer software or video games (or any related books or other intellectual property or merchandise relating thereto) within eight months of the termination of Executive's employment hereunder, without regard to the reason for such termination. The term "customer" also includes any former customer or potential customer of the Company which the Company has solicited within eight months of such termination, for the purpose of selling computer software or video games (or any related books or other intellectual property or merchandise relating thereto).
Company Customers. Executive shall not, during the Restricted Period, directly or indirectly, contact, solicit or do business with any "customers" (as hereinafter defined) of the Company for the purpose of selling or providing any product or service then sold or provided by the Company to such customers or proposed to be sold or provided to such customers during Executive's employment by the Company or at the time of termination of Executive's employment hereunder. For the purposes of the provisions of this Section 4(d), "customer" shall include any entity that purchased any product or service from the Company within eight months of the termination of Executive's employment hereunder, without regard to the reason for such termination. The term "customer" also includes any former customer or potential customer of the Company which the Company has solicited within eight months of such termination, for the purpose of selling or providing any product or service then sold or provided, or then contemplated to be sold or provided, by the Company.
Company Customers. Executive shall not at any time, directly or indirectly, contact, solicit or do business with any "customers" (as defined below) of the Company for the purpose of selling or providing any product or service then sold or provided by the Company to such customers or proposed to be sold or provided to such customers during Executive's employment by the Company or at the time of termination of Executive's employment hereunder. For the purposes of the provisions of this Section 6, "customer" shall include any entity that purchased any product or service from the Company during the Employment Term. The term "customer" also includes any former customer or potential customer of the Company which the Company has solicited during the Employment Term, for the purpose of selling or providing any product or service then sold or provided, or then contemplated to be sold or provided, by the Company.
Company Customers. Executive shall not, during the period which is coincident with the Executive's obligation not to compete under Section 4(b) hereof, directly or indirectly, contact, solicit or do business with (i) Wal-mart Corporation, Target Stores, Caldor, Phar-mor, Comp U.S.A., Best Buy, Office Depot, Kmart or any of their respective affiliated operations, for the purpose of selling entertainment, educational or "edutainment" computer software, video games or any other product (which is an integral product in a material product line of the Company) then sold by the Company to such customers at the time of termination of Executive's employment hereunder; (ii) any "customers" (as defined below) of the Company for the purpose of selling computer software, video games or any other product then sold by the Company to such customers at the time of termination of Executive's employment hereunder; or (iii) any supplier, licensor or licensee of the Company with respect to licensing computer software, video games or other intellectual property (which is related to computer software, video games or any other material product line of the Company), from such person. For the purposes of the provisions of this Section 4(d), "customer" shall include any entity that purchased computer software, video games or any other product from the Company within eight months of the termination of Executive's employment hereunder, without regard to the reason for such termination. The term "customer" also includes any former customer or potential customer of the Company which the Company has solicited within eight months of such termination, for the purpose of selling computer software or any other product then sold by the Company.
Company Customers. Executive shall not, during the Agreement Term and any period thereafter during which Executive is receiving severance payments pursuant to Section 5(d), except as required by the Company in the performance by Executive of his duties under this Agreement, directly or indirectly, contact, solicit or do business with (i) Wal-Mart Stores, Inc., Target Stores, Caldor, Phar-mor, Best Buy, Neostar, Kmart, Office Depot (or any of their respective affiliated operations), for the purpose of selling computer software, video games or any other product then sold by the Company or proposed to be sold during the Agreement Term; (ii) any "customers" (as defined below) of the Company for the purpose of selling computer software, video games or any other product then sold by the Company or proposed to be sold during the Agreement Term; or (iii) any supplier, licensor or licensee of the Company (or any such supplier, licensor or licensee solicited by the Company prior to or during the Agreement Term) with respect to purchasing or licensing computer software, video games or other intellectual property to or from such person.
Company Customers. At least two (2) Business Days before the expected satisfaction of the latest to occur or, if permissible, waiver, of the conditions set forth in Article VI, the Company shall deliver a list of all of the Company Customers as of the Closing Date to the Acquiror.
