Exceptions to the non-solicit Clause Samples
The 'Exceptions to the non-solicit' clause defines specific circumstances under which the general prohibition on soliciting employees, clients, or customers does not apply. Typically, this clause outlines scenarios such as general advertising not targeted at the other party’s personnel, or situations where individuals independently seek employment without direct solicitation. By clearly delineating these exceptions, the clause ensures that the non-solicitation restriction is reasonable and does not unduly limit normal business activities or fair competition.
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Exceptions to the non-solicit. The restrictions in Clause 12.3 may be relaxed or additional exceptions allowed by written approval of the Purchaser’s Division Head of HR and shall in any event not apply to the solicitation, inducement or recruitment of any person:
12.4.1 through the placing of advertisements of posts available to the public generally;
12.4.2 through an employment agency, provided that no member of the Seller’s Group encourages or advises such agency to approach any such person;
12.4.3 who is no longer employed by the Purchaser’s Group; or
12.4.4 who is under formal notice of termination from his employer, provided that this exception only applies if the employment or engagement by the member of the Seller’s Group is offered with a start date which is no earlier than the day after the last scheduled date of the person’s employment with the Purchaser’s Group. *** Note: Confidential treatment has been requested with respect to the information contained within the [***] marking. Such portions have been omitted from this filing and have been filed separately with the Securities and Exchange Commission.
Exceptions to the non-solicit. The restrictions in Clause 12.3 shall not apply to the solicitation, inducement or recruitment of any person:
12.4.1 through the placing of advertisements of posts available to the public generally;
12.4.2 through an employment agency, provided that no member of the Seller’s Group encourages or advises such agency to approach any such person; or
12.4.3 who is no longer employed by the Purchaser’s Group.
Exceptions to the non-solicit. 12.4.1 The restrictions in Clauses 12.3.1 and 12.3.2 may be relaxed or additional exceptions allowed by written approval of the Purchaser’s Head of HR, and shall in any event not apply to the solicitation, inducement or recruitment of any person:
(i) through the placing of advertisements of posts available to the public generally;
(ii) through an employment agency, provided that no member of the relevant Seller’s Group encourages or advises such agency to approach any such person;
(iii) who is no longer employed by the Target Group (or a member of GlaxoSmithKline’s Group in the case of 12.3.2); or
(iv) who is under formal notice of termination from his employer, provided that this exception only applies if the employment or engagement by the member of the relevant Seller’s Group is offered with a start date which is no earlier than the day after the last scheduled date of the person’s employment with the Target or the GlaxoSmithKline Group.