Common use of NO NONCOMPETITION; NONHIRING; NONSOLICITATION Clause in Contracts

NO NONCOMPETITION; NONHIRING; NONSOLICITATION. (a) After the Distribution Date, neither Party shall have any duty to refrain from (i) engaging in the same or similar activities or lines of business as the other Party, (ii) doing business with any potential or actual supplier or customer of the other Party or (iii) engaging in, or refraining from, any other activities whatsoever relating to any of the potential or actual suppliers or customers of the other Party. (b) During the period beginning on December 1, 1999 and ending eighteen (18) months after such date, neither TSC nor eLoyalty shall, nor shall either Party permit any of its respective Subsidiaries, Affiliates or agents to, directly or indirectly, without the prior written consent of the other, actively solicit or recruit for employment any then current employee of the other Party or of any of the other Party's Subsidiaries or Affiliates. However, nothing contained in this Section 7.11(b) shall (i) prohibit the hiring of any employee who is seeking employment on his or her own initiative without prior contact initiated by any employee or agent of the company where employment is sought, or any of such company's Affiliates, provided that such employee has obtained authorization from an officer (or a direct report to a current officer) of his or her current employer; or (ii) prohibit TSC or eLoyalty or any of their respective Subsidiaries or Affiliates from hiring any person who has terminated employment with the other Party. The foregoing restriction shall cease to apply on July 1, 2001.

NO NONCOMPETITION; NONHIRING; NONSOLICITATION. (a) After --------------------------------------------- the Distribution Date, neither Party shall have any duty to refrain from (i) engaging in the same or similar activities or lines of business as the other Party, (ii) doing business with any potential or actual supplier or customer of the other Party or (iii) engaging in, or refraining from, any other activities whatsoever relating to any of the potential or actual suppliers or customers of the other Party. (b) During the period beginning on December 1, 1999 and ending eighteen (18) months after such date, neither TSC nor eLoyalty shall, nor shall either Party permit any of its respective Subsidiaries, Affiliates or agents to, directly or indirectly, without the prior written consent of the other, actively solicit or recruit for employment any then current employee of the other Party or of any of the other Party's Subsidiaries or Affiliates. However, nothing contained in this Section 7.11(b) shall (i) prohibit the hiring of any employee --------------- who is seeking employment on his or her own initiative without prior contact initiated by any employee or agent of the company where employment is sought, or any of such company's Affiliates, provided that such employee has obtained authorization from an officer (or a direct report to a current officer) of his or her current employer; or (ii) prohibit TSC or eLoyalty or any of their respective Subsidiaries or Affiliates from hiring any person who has terminated employment with the other Party. The foregoing restriction shall cease to apply on July 1, 2001.

NO NONCOMPETITION; NONHIRING; NONSOLICITATION. (a) After the Distribution Date, neither Party shall have any duty to refrain from (i) engaging in the same or similar activities or lines of business as the other Party, (ii) doing business with any potential or actual supplier or customer of the other Party or (iii) engaging in, or refraining from, any other activities whatsoever relating to any of the potential or actual suppliers or customers of the other Party. (b) During the period beginning on December July 1, 1999 2000 and ending eighteen (1829) months days after such date, neither TSC VIGC nor eLoyalty VYGP shall, nor shall either Party permit any of its respective Subsidiaries, Affiliates or agents to, directly or indirectly, without the prior written consent of the other, actively solicit or recruit for employment any then current employee of the other Party or of any of the other Party's Subsidiaries or Affiliates. However, nothing contained in this Section 7.11(b) shall (i) prohibit the hiring of any employee who is seeking employment on his or her own initiative without prior contact initiated by any employee or agent of the company where employment is sought, or any of such company's Affiliates, provided that such employee has obtained authorization from an officer (or a direct report to a current officer) of his or her current employer; or (ii) prohibit TSC VIGC or eLoyalty VYGP or any of their respective Subsidiaries or Affiliates from hiring any person who has terminated employment with the other Party. The foregoing restriction shall cease to apply on July 1, 2001.