I initially signed on with The Agency to provide my services to Company A who sub-contracted me out to Company B working on their Customer site; the contract was for 2 years. Towards the end of the contract Company B decided that they no longer wanted to pay Company A for my services and insisted that I contract with them directly, using The Agency still; the contract was for another 2 years. Since the end of that contract I have had extensions, but after September my services are no longer required.
I am interested in providing similar but different services directly to the Customer and wondered how the contract extract below would impact that:
8 Good Faith
(a) The Consultant Company shall not during and for a period of 6 months following termination of this Contract [the "Relevant Period") for whatever reason that termination is effected perform services which are of the same kind as or of a materially similar kind to or competitive with the services provided under this Contract within the Relevant Period other than via The Agency either directly or indirectly or alone or jointly with another person full time or part time by contract or otherwise for:-
(i) the Client; or
(ii) any person on whose site the Consultant Company has performed services under this Contract.
(b) The Consultant Company shall procure that the Personnel shall not during the Relevant Period for whatever reason that termination is effected perform services which are of the same kind as or of a materially similar kind to or competitive with the services provided under this Contract within the Relevant Period other than via The Agency either directly or indirectly or alone or jointly with another person full time or part time by contract or otherwise for:-
(i) the Client; or
(ii) any person on whose site the Consultant Company has performed services under this Contract
(c) In the event of breach of clauses 8(a) or 8(b) the Consultant Company shall pay to The Agency as agreed liquidated damages a sum equal to LA lnternationa1's profit per week multiplied by the number of weeks the Consultant Company or the Personnel works in breach of clauses 8(a) or 8(b).
(d) The Consultant Company and its Personnel shall not communicate with the Client following termination of this Contract for a period of six months other than via The Agency.
I am interested in providing similar but different services directly to the Customer and wondered how the contract extract below would impact that:
8 Good Faith
(a) The Consultant Company shall not during and for a period of 6 months following termination of this Contract [the "Relevant Period") for whatever reason that termination is effected perform services which are of the same kind as or of a materially similar kind to or competitive with the services provided under this Contract within the Relevant Period other than via The Agency either directly or indirectly or alone or jointly with another person full time or part time by contract or otherwise for:-
(i) the Client; or
(ii) any person on whose site the Consultant Company has performed services under this Contract.
(b) The Consultant Company shall procure that the Personnel shall not during the Relevant Period for whatever reason that termination is effected perform services which are of the same kind as or of a materially similar kind to or competitive with the services provided under this Contract within the Relevant Period other than via The Agency either directly or indirectly or alone or jointly with another person full time or part time by contract or otherwise for:-
(i) the Client; or
(ii) any person on whose site the Consultant Company has performed services under this Contract
(c) In the event of breach of clauses 8(a) or 8(b) the Consultant Company shall pay to The Agency as agreed liquidated damages a sum equal to LA lnternationa1's profit per week multiplied by the number of weeks the Consultant Company or the Personnel works in breach of clauses 8(a) or 8(b).
(d) The Consultant Company and its Personnel shall not communicate with the Client following termination of this Contract for a period of six months other than via The Agency.
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