Restraint Clause Samples

Restraint. 17.1 The Employee may not either alone or jointly or in partnership or by way of a joint venture or otherwise with or as a shareholder, servant, agent, consultant, adviser, officer or contractor of any other person or persons, other than as an employee of the Company or a member of the Novogen Group, either directly or indirectly carry on or manage or be concerned or interested in or assist any other person or persons to carry on or be concerned or to obtain any interest in business identical to or to the business of the Company, or any of the members of the Novogen Group in any State or Territory of Australia or any other place in the world at any time: (a) during the course of his employment with the Company or a member of the Novogen Group and (b) during the period set out in Item 7 of the Schedule. 17.2 The Employee may hold shares in a public company the shares of which are quoted on any share or stock exchange in the world. 17.3 The Employee must not during the period set out in item 7 of the Schedule either directly or indirectly on his own account or for or with any other person or persons, solicit, interfere with or endeavour to entice away from the Company, or any of the members of the Novogen Group any person who, during the employment of the Employee with the Company or any member of the Novogen Group was a customer, supplier, contractor, agent, licensee or licensor or to the knowledge of the Employee was a person with whom any of the aforesaid was negotiating with a view to that person becoming a customer, supplier, contractor, agent, licensee or licensor of any of the aforesaid. 17.4 The provision of clauses 17.1 and 17.3 are necessary in order to protect the interests of the Company, the Novogen Group and of the Business and the confidentiality of the knowledge of the Employee as to the affairs, business and activities of the Company and the Novogen Group. 17.5 It is acknowledged by the Employee that the provisions of clause 17.1 and 17.3 are reasonable, particularly in light of the provisions of clause 17.4 and insofar as the provisions of clause 17.1 relate to any activity, state or territory, the restraint is distinct and severable from any other activity, state or territory and the invalidity of the restraint in respect of one or more of such activities, states or territories is not to affect its validity in respect of any of the other such activities, states or territories. 17.6 Nothing in clauses 17.1, 17.3, or 17.4 is to be construed ...

Restraint. Any Restraint (other than a temporary restraining order, preliminary injunction or similar non-permanent Order) having any of the effects set forth in clause (c) of Exhibit A shall be in effect and shall have become final and non-appealable;

Restraint. No Restraint that would reasonably be expected to result, directly or indirectly, in any of the effects referred to in Section 7.02(c) shall be in effect.

Restraint. Any Restraint (other than a temporary restraining order, preliminary injunction or similar non-permanent Order) having any of the effects set forth in Section 6.1(b) (No Injunctions or Restraints; Illegality) shall be in effect and shall have become final and non-appealable; or

Restraint. There shall be no restraint, coercion, or discrimination against any Union official because of the performance of duties in consonance with this Master Agreement and the Act, or against any employee for filing a complaint or acting as a witness under this Master Agreement, the Act or applicable regulations.

Restraint. The Customer must not (whether directly or indirectly) following the expiry or termination of this Agreement for any reason during the Restraint Period, procure any Third Party Products from any party that licences or supplies those Third-Party Products.

Restraint. The Customer agrees not to solicit any employee of LEAD for the purposes of offering employment to such employee or seeking services from the employee in his/her private capacity. Any such incident reported to LEAD shall entitle LEAD to terminate any agreement with the Customer forthwith and further pursue a claim for damages, notwithstanding any other rights and remedies that are available to LEAD.

Restraint. 14.1. The Service Provider shall not during the term of this agreement and of any extension of it and for a period of 12 (twelve) months after this agreement terminates for any reason whatsoever, either for itself or on behalf of anyone else, except with the prior written approval of the cidb, directly or indirectly persuade, induce, solicit, encourage, or procure any employee of the cidb when this agreement terminates to: 14.1.1. Become employed by or interested in any manner whatever in anyone other than cidb and its subsidiaries, nor shall the service provider itself employ any such person in that period on either a full-time or part-time basis in any capacity whatsoever or engage the services of any such person as an independent contractor on either a full-time or part-time basis in that period; or 14.1.2. Terminate his or her employment with the cidb. 14.1.3. If the service provider violates this clause, it shall pay to the cidb an amount equal to 1 (one) year’s salary for any solicited employee of the cidb, as liquidated damages and not as a penalty. The amount of the annual salary shall be the total annual ‘cost to company’ in effect at the date the employee was solicited.

Restraint. (a) After the cessation of the Individual assisting the Contractor to provide the Services to the Company, for the Restricted Period, the Individual must not, directly or indirectly, do any of the following: (i) solicit, canvass, approach or accept any approach from any person who is, or was during the 12 months immediately preceding the cessation of the Individual assisting the Contractor to provide the Services to the Company, a client, customer or supplier of the Company with whom the Individual has or has had contact of a business related type, with a view to establishing a relationship with or obtaining the custom of that person in the capacity which is the same as or substantially similar to the relationship that person has or had with the Company; or (ii) solicit, canvass, induce or encourage any person who is an employee of the Company with whom the Individual has or has had contact of a business related type to leave his or her employment. (b) The Individual acknowledges that: (i) in assisting the Contractor to provide the Services to the Company, the Individual will establish personal contacts and relationships with the Company’s customers, clients and suppliers and that these relationships form part of the goodwill of the Company and are of great value to the Company; (ii) the restraints contained in this clause are fair and reasonable in terms of their extent and duration, do not unreasonably restrict the Individual’s right to carry on services similar to the Services that the Individual assists the Contractor to provide to the Company, and go no further than what is necessary to protect the goodwill and interests of the Company; and (iii) the Company is relying on the acknowledgments in clauses 6(b)(i) and 6(b)(ii) in allowing the Individual to assist the Contractor to provide the Services to the Company. (c) Each restraint in this clause (resulting from any combination of the wording in clause 6 (and the relevant definitions) constitutes a separate restraint that is severable from the other restraints. If any part of the restraint (including any associated definition) is judged to be void or unenforceable or illegal because it goes beyond what is reasonable to protect the interests of the Company or for any other reason, it will be read down so as to be valid and enforceable. If it cannot be so read down, the provisions (or where possible, the offending words) will be severed from this clause without affecting the validity or enforceability o...