Common use of Non-Solicitation, etc Clause in Contracts

Non-Solicitation, etc. (a) Seller agrees that for a period commencing on the date hereof and continuing for two years in the case of the persons identified in Schedule R as Shoreview or Champaign Management personnel, and one year in the case of any other employee, it will not solicit to hire or hire any person employed by the Buyer or any of Buyer's corporate affiliates in any capacity in connection with the business of ▇▇▇▇▇▇▇ as conducted by Buyer or Buyer's affiliates. Seller shall not be deemed to be in breach of this provision if it hires any person after such person's employment has been terminated by Buyer or Buyer's affiliates, provided that Seller has not solicited the hire of such person prior to the termination of his employment by Buyer or Buyer's affiliates. (b) Buyer agrees that for a period commencing on the date hereof and continuing until the earlier of 180 days after the Closing Date or the date on which the Georgia press is removed from the ▇▇▇▇▇▇▇ facility in Champaign, Illinois, it will not solicit to hire or hire any person who works on the Georgia press who is employed by the Seller or any of Seller's corporate affiliates. Buyer shall not be deemed to be in breach of this provision if it hires any person after such person's employment has been terminated by the Seller of Seller's affiliates, provided that Buyer has not solicited the hire of such person prior to termination of his employment by Seller or Seller's affiliates. (c) In the event of breach by Seller of Section 11.02(a), the Buyer may, in addition to any other rights or remedies existing in its favor, apply to any court of competent jurisdiction for specific performance or injunctive or other relief in order to enforce or prevent violations of Section 11.02(a). In the event of an alleged breach or violation of any of the provisions of Section 11.02(a), the periods described therein shall be tolled until such alleged breach or violation is resolved. (d) In the event of breach by Buyer of Section 11.02(b), the Seller may, in addition to any other rights or remedies existing in its favor, apply to any court of competent jurisdiction for specific performance or injunctive or other relief in order to enforce or prevent violations of Section 11.02(b).

Non-Solicitation, etc. (aA) Seller agrees that for a period commencing on the date hereof and continuing for two years in the case of the persons identified in Schedule R as Shoreview or Champaign Management personnel, and one year in the case of any other employee, it will not solicit to hire or hire any person employed by the Buyer or any of Buyer's corporate affiliates in any capacity in connection with the business of ▇▇▇▇▇▇▇ as conducted by Buyer or Buyer's affiliates. Seller The Managing Director shall not be deemed to be in breach for the period of this provision if it hires any person after such person's employment has been terminated by Buyer or Buyer's affiliates, provided that Seller has not solicited the hire of such person prior to twelve months following the termination of his employment hereunder either on his own account or for or on behalf of or through or in conjunction association or by Buyer arrangement with any person solicit or Buyer's affiliates.entice away or endeavour to solicit or entice away from the Company or any company within the Group; (bi) Buyer agrees that any employee manager director or consultant of the Company or any company within the Group whether or not such person would commit any breach of contract by reason of his leaving service; (ii) the custom or business of any person who shall at any time during the Managing Director's employment hereunder a customer or client of or in negotiations with the Company or any company in the Group or who at any time during the Managing Director's employment hereunder had business dealings with the Company or any company in the Group in relation to the restricted business (B) The Managing Director shall not for a period commencing on the date hereof and continuing until the earlier of 180 days twelve months after the Closing Date or the date on which the Georgia press is removed from the ▇▇▇▇▇▇▇ facility in Champaign, Illinois, it will not solicit to hire or hire any person who works on the Georgia press who is employed by the Seller or any of Seller's corporate affiliates. Buyer shall not be deemed to be in breach of this provision if it hires any person after such person's employment has been terminated by the Seller of Seller's affiliates, provided that Buyer has not solicited the hire of such person prior to termination of his employment hereunder either on his own account or through or for or on behalf of or in conjunction association or by Seller arrangement with any person provide or Sellerarrange or procure or be involved in the provision of any service falling within the restricted business to any person who was at any time during the Managing Director's affiliates.employment hereunder a customer or client of or in negotiations with the Company or any company in the Group or who at any time during the Managing Director's employment hereunder had business dealings with the Company or any company in the Group in relation to the restricted business (cC) In The restrictions contained in the foregoing sub-clauses and in clause 13 are considered reasonable by the parties for the protection of the business of the Company and companies in the Group but in the event that any restriction shall be found to be void but would be valid if some part of breach by Seller it were deleted or if the period or area of Section 11.02(a), the Buyer may, in addition application were reduced such restriction shall apply with such modification as may be necessary to any other rights or remedies existing in its favor, apply to any court of competent jurisdiction for specific performance or injunctive or other relief in order to enforce or prevent violations of Section 11.02(a). In the event of an alleged breach or violation of make it valid and effective (D) If any of the provisions of Section 11.02(a), the periods described therein this clause shall be tolled until such alleged breach void unlawful or violation is resolved. (d) In unenforceable the event validity lawfulness and enforceability of breach by Buyer the remaining provisions of Section 11.02(b), the Seller may, in addition to any other rights this Agreement shall not be affected or remedies existing in its favor, apply to any court of competent jurisdiction for specific performance or injunctive or other relief in order to enforce or prevent violations of Section 11.02(b).impaired thereby

Non-Solicitation, etc. (aA) Seller agrees that for a period commencing on the date hereof and continuing for two years in the case of the persons identified in Schedule R as Shoreview or Champaign Management personnel, and one year in the case of any other employee, it will not solicit to hire or hire any person employed by the Buyer or any of Buyer's corporate affiliates in any capacity in connection with the business of ▇▇▇▇▇▇▇ as conducted by Buyer or Buyer's affiliates. Seller The Managing Director shall not be deemed to be in breach for the period of this provision if it hires any person after such person's employment has been terminated by Buyer or Buyer's affiliates, provided that Seller has not solicited the hire of such person prior to twenty four (24) months following the termination of his employment hereunder either on his own account or for or on behalf of or through or in conjunction association or by Buyer arrangement with any person solicit or Buyerentice away or endeavour to solicit or entice away from the Company or any company within the Group; (i) any employee manager director or consultant of the Company or any company within the Group whether or not such person would commit any breach of contract by reason of his leaving service; (ii) the custom or business of any person who shall at any time during the Managing Director's affiliatesemployment hereunder a customer or client of or in negotiations with the Company or any company in the Group or who at any time during the Managing Director's employment hereunder had business dealings with the Company or any company in the Group in relation to the restricted business. (bB) Buyer agrees that The Managing Director shall not for a period commencing on the date hereof and continuing until the earlier of 180 days twenty four (24) months after the Closing Date or the date on which the Georgia press is removed from the ▇▇▇▇▇▇▇ facility in Champaign, Illinois, it will not solicit to hire or hire any person who works on the Georgia press who is employed by the Seller or any of Seller's corporate affiliates. Buyer shall not be deemed to be in breach of this provision if it hires any person after such person's employment has been terminated by the Seller of Seller's affiliates, provided that Buyer has not solicited the hire of such person prior to termination of his employment hereunder either on his own account or through or for or on behalf of or in conjunction association or by Seller arrangement with any person provide or Sellerarrange or procure or be involved in the provision of any service falling within the restricted business to any person who was at any time during the Managing Director's affiliatesemployment hereunder a customer or client of or in negotiations with the Company or any company in the Group or who at any time during the Managing Director's employment hereunder had business dealings with the Company or any company in the Group in relation to the restricted business. (cC) In The restrictions contained in the foregoing sub-clauses and in clause 14 are considered reasonable by the parties for the protection of the business of the Company and companies in the Group but in the event that any restriction shall be found to be void but would be valid if some part of breach by Seller it were deleted or if the period or area of Section 11.02(a), the Buyer may, in addition application were reduced such restriction shall apply with such modification as may be necessary to any other rights or remedies existing in its favor, apply to any court of competent jurisdiction for specific performance or injunctive or other relief in order to enforce or prevent violations of Section 11.02(a). In the event of an alleged breach or violation of make it valid and effective. (D) If any of the provisions of Section 11.02(a), the periods described therein this clause shall be tolled until such alleged breach void unlawful or violation is resolvedunenforceable the validity lawfulness and enforceability of the remaining provisions of this Agreement shall not be affected or impaired thereby. (d) In the event of breach by Buyer of Section 11.02(b), the Seller may, in addition to any other rights or remedies existing in its favor, apply to any court of competent jurisdiction for specific performance or injunctive or other relief in order to enforce or prevent violations of Section 11.02(b).