Common use of Non-Raid Clause in Contracts

Non-Raid. A. The Employee acknowledges that the Company has invested substantial time and effort in assembling its present staff of personnel. Accordingly, Employee covenants and agrees that during the term of the Non-Compete Period, he will not (i) solicit or hire any of the employees of a Subject Company who were employed by a Subject Company at or within one month before or during the Employee's employment by a Subject Company, (ii) interfere with the relationship of the Subject Company with any such employees, or (iii) personally target or solicit, or assist another to target or solicit, customers of the Subject Company for activities related to the Business or influence, or attempt to influence any of the customers of the Subject Company not to do business with the Company. B. Notwithstanding the foregoing, Employee shall have no obligation under this Section 9 after termination if both (i) (A) the Employee has terminated this Agreement for Good Reason or the Company has terminated this Agreement without Cause, and (B) the Company has obligations to make post-termination continued Base Salary payments under this Agreement, and (ii) after twenty (20) days notice by the Employee to the Company that the Company has failed to make such post- termination payments, the Company has not cured such failure to make payments. C. The Employee agrees that the restrictions contained in this Section 9 are reasonable as to time and geographic scope because of the nature of the Business and the Employee agrees, in particular, that the geographic scope of this restriction is reasonable because companies engaged in the Business compete on a nationwide basis. The Employee acknowledges that the Company is in direct competition with all other companies engaged in the Business throughout the continental United States, Canada, and other markets in which the Company may be conducting business at the time the Employee's employment with the Company is terminated, and because of the nature of the Business, the Employee agrees that the covenants contained in this Section 9 cannot reasonably be limited to any smaller geographic area.