Non-solicitation. Employee hereby agrees that during the term of this Agreement and for a period of one (1) year thereafter, Employee shall not (whether directly or indirectly) do any one or more of the following:
(a) solicit, recruit, entice, encourage, initiate contact with, induce, or take any other action in any form or fashion that is intended to cause or has the effect of causing any Customer or prospective Customer to limit, terminate, cancel or divert any business or future business with Company or its subsidiary, or assist with any other person or entity in doing so. “Customer” means any person or entity and their affiliates, (i) which engaged the Company and/or its subsidiary or discussed a potential engagement of the Company and/or its subsidiary to provide Company products or services, and (ii) which the Employee had contact, or to which the Employee received Confidential Information in the course of the Employee’s duties with the Company or its subsidiary.
(b) solicit, recruit, entice, encourage, initiate contact with, induce, or take any other action in any form or fashion that is intended to cause or has the effect of causing any employee, independent contractor, consultant, or other similar relationship with Company or its subsidiary, to either be employed in a Competing Business, to terminate employment or such relationship with Company or its subsidiary, or assist any other person or entity in doing so.
(c) become (whether directly or indirectly) an employee, independent contractor, agent of a Customer and shall not hold any fiduciary relationship thereto. In doing so, this would cause immediate and irreparable harm to the company and that company would be entitled to seek preliminary injunctive relief. The company can still seek other remedies for any breach in this Agreement including damages by Employee. Employee agrees that in the event that Employee breaches this Agreement Company may also, in addition to any other remedy it is entitled to at la, recover from Employee up to 30% of the employees’ annual pay, per violation of this Agreement plus reasonable attorney fees and other costs incurred by company in enforcing this agreement.
