Employees Covenants Clause Samples

Employees Covenants a. From the Effective Date of this Agreement and continuing until the second (2nd) anniversary of Employee’s termination, Employee shall not interfere with the business of Hyperion by, directly or indirectly, personally or through others, soliciting or attempting to solicit, on Employee’s own behalf or on behalf of any other person or entity, the employment of any employee of Hyperion, or any of Hyperion’s affiliates. During this period, Employee shall not encourage or induce, or take any action that has the effect of encouraging or inducing, any employee of Hyperion, or any of Hyperion’s corporate affiliates, to terminate that employee’s employment. b. For a period of one (1) year following Employee’s termination, Employee shall not hire, or assist any other person in hiring, any person who was an employee of Hyperion on the date of Employee’s termination, to work at Employee’s new place of employment in a position that reports either directly to Employee, or to any other person who reports directly to Employee. c. The parties agree that information relating to the identities, key contact personnel, preferences, needs and circumstances of Hyperion’s customers are trade secrets belonging to Hyperion that are, and necessarily will be, used by Employee, during Employee’s Employment, in the solicitation of business from Hyperion’s customers. As a result, from the Effective Date of this Agreement and continuing until the second (2nd) anniversary of Employee’s termination, Employee shall not, directly or indirectly, personally or through others, solicit, or attempt to solicit (on Employee’s own behalf or on behalf of any other person or entity), the business of any customer, or prospective customer, of Hyperion, or of any of Hyperion’s affiliates, for services or products similar to those sold by Hyperion. Prospective customer means any person or entity whom Employee was involved in contacting or soliciting to become a customer during the six (6) month period prior to Employee’s termination. d. Employee has entered into an employee agreement, relating to confidential information and intellectual property rights, with Hyperion, which is incorporated herein by reference, and survives the termination or expiration of this Agreement. Given the nature of Employee’s Position, the parties agree that from Employee’s termination until the third (3rd) anniversary of such date, it would be practically impossible for Employee to work in a position similar to Employee’s Pos...