Common use of No Solicitation or Hiring of Employees Clause in Contracts

No Solicitation or Hiring of Employees. During the Non-Compete Period, the Executive shall not, directly or indirectly through an intermediary, solicit, entice, persuade or induce any individual who is employed by the Employer or any Company Affiliate (or who was so employed within 180 days prior to the Executive’s action) to terminate or refrain from continuing such employment or to become employed by or enter into contractual relations with any other individual or entity other than the Employer or Company Affiliates, and the Executive shall not hire, directly or indirectly, as an employee, consultant or otherwise, any such person. Anything to the contrary notwithstanding, the Employer agrees that (i) the Executive’s responding to an unsolicited request from any former employee of the Employer for advice on employment matters; and (ii) the Executive’s responding to an unsolicited request for an employment reference regarding any former employee of the Employer from such former employee, or from a third party, by providing a reference setting forth his personal views about such former employee, shall not be deemed a violation of this Section 7(c). Notwithstanding the foregoing, this Section 7(c) shall not preclude the Executive from soliciting for employment or hiring any person who has been discharged by the Employer or any Company Affiliate without cause. In the event that any restrictive covenant contained in any Company or Company Affiliate policy, program, agreement or other arrangement to which the Executive is subject (including any such company policy, program, agreement or other arrangement to which the Executive becomes subject after the date hereof) is more restrictive than the provisions of this Section 7, the relevant provision or provisions of this Section 7 shall supersede such more restrictive provision or provisions unless the Company and the Executive expressly agree, in writing, to have such more restrictive provision or provisions be controlling.

No Solicitation or Hiring of Employees. During the Non-Compete Period, the Executive shall not, directly or indirectly through an intermediary, solicit, entice, persuade or induce any individual who is employed by the Employer or any Company Affiliate (or who was so employed within 180 days prior to the Executive’s action) to terminate or refrain from continuing such employment or to become employed by or enter into contractual relations with any other individual or entity other than the Employer or Company Affiliates, and the Executive shall not hire, directly or indirectly, as an employee, consultant or otherwise, any such person. Anything to the contrary notwithstanding, the Employer agrees that (i) the Executive’s responding to an unsolicited request from any former employee of the Employer for advice on employment matters; and (ii) the Executive’s responding to an unsolicited request for an employment reference regarding any former employee of the Employer from such former employee, or from a third party, by providing a reference setting forth his personal views about such former employee, shall not be deemed a violation of this Section 7(c). Notwithstanding the foregoing, this Section 7(c) shall not preclude the Executive from soliciting for employment or hiring any person who has been discharged by the Employer or any Company Affiliate without cause. In the event that any restrictive covenant contained in any Company Employer or Company Affiliate policy, program, agreement or other arrangement to which the Executive is subject (including any such company policy, program, agreement or other arrangement to which the Executive becomes subject after the date hereof) is more restrictive than the provisions of this Section 7, the relevant provision or provisions of this Section 7 shall supersede such more restrictive provision or provisions unless the Company Employer and the Executive expressly agree, in writing, to have such more restrictive provision or provisions be controlling.

No Solicitation or Hiring of Employees. During the Non-Compete Period, the Executive shall not, directly or indirectly through an intermediary, solicit, entice, persuade or induce any individual who is employed by the Employer or any Company Affiliate Affiliates (or who was so employed within 180 days prior to the Executive’s action) to terminate or refrain from continuing such employment or to become employed by or enter into contractual relations with any other individual or entity other than the Employer or Company Affiliates, and the Executive shall not hire, directly or indirectly, as an employee, consultant or otherwise, any such person. Anything to the contrary notwithstanding, the Employer agrees that (i) the Executive’s responding to an unsolicited request from any former employee of the Employer for advice on employment matters; and (ii) the Executive’s responding to an unsolicited request for an employment reference regarding any former employee of the Employer from such former employee, or from a third party, by providing a reference setting forth his personal views about such former employee, shall not be deemed a violation of this Section 7(c). Notwithstanding the foregoing, this Section 7(c) shall not preclude the Executive from soliciting for employment or hiring any person who has been discharged by the Employer or any Company Affiliate without cause. In the event that any restrictive covenant contained in any Company or Company Affiliate policy, program, agreement or other arrangement to which the Executive is subject (including any such company Company policy, program, agreement or other arrangement to which the Executive becomes subject after the date hereof) which is more restrictive than the provisions of this Section 7, the relevant provision or provisions of this Section 7 shall supersede such more restrictive provision or provisions unless the Company and the Executive expressly agree, in writing, to have such more restrictive provision or provisions be controlling.

No Solicitation or Hiring of Employees. During the Non-Compete Period, the Executive shall not, directly or indirectly through an intermediary, solicit, entice, persuade or induce any individual who is employed by the Employer or any Company Affiliate (or who was so employed within 180 days prior to the Executive’s action) to terminate or refrain from continuing such employment or to become employed by or enter into contractual relations with any other individual or entity other than the Employer or Company Affiliates, and the Executive shall not hire, directly or indirectly, as an employee, consultant or otherwise, any such person. Anything to the contrary notwithstanding, the Employer agrees that (i) the Executive’s responding to an unsolicited request from any former employee of the Employer for advice on employment matters; and (ii) the Executive’s responding to an unsolicited request for an employment reference regarding any former employee of the Employer from such former employee, or from a third party, by providing a reference setting forth his personal views about such former employee, shall not be deemed a violation of this Section 7(c). Notwithstanding the foregoing, this Section 7(c) shall not preclude the Executive from soliciting for employment or hiring any person who has been discharged by the Employer or any Company Affiliate without causeAffiliate. In the event that any restrictive covenant contained in any Company or Company Affiliate policy, program, agreement or other arrangement to which the Executive is subject (including any such company Company policy, program, agreement or other arrangement to which the Executive becomes subject after the date hereof) is more restrictive than the provisions of this Section 7, the relevant provision or provisions of this Section 7 shall supersede such more restrictive provision or provisions unless the Company and the Executive expressly agree, in writing, to have such more restrictive provision or provisions be controlling.

No Solicitation or Hiring of Employees. During From and after the Non-Compete Effective Date until expiration of the twelve (12)-month period immediately following the Disposition Date (the “Restricted Period”), the Executive shall notnone of Cummins, directly or indirectly through an intermediary, solicit, entice, persuade or induce any individual who is employed by the Employer Filtration or any Company Affiliate (or who was so employed within 180 days member of their respective Groups shall, without the prior to written consent of the Executive’s action) to terminate or refrain from continuing such employment or to become employed by or enter into contractual relations with any Chief Human Resource Officer of the other individual or entity other than the Employer or Company Affiliatesapplicable Party, and the Executive shall not hire, either directly or indirectly, as an employeeon their own behalf or in the service or on behalf of others, consultant or otherwise, any such person. Anything to the contrary notwithstanding, the Employer agrees that (i) the Executive’s responding agree to an unsolicited request from employment, contractual or other relationship or otherwise hire, retain or employ any former employee of any other Party’s respective Group. For and during the Employer for advice Restricted Period, none of Cummins, Filtration or any member of their respective Groups shall, without the prior written consent of the Chief Human Resource Officer of the other applicable Party, either directly or indirectly, on employment matters; and (ii) their own behalf or in the Executive’s responding to an unsolicited request for an employment reference regarding service or on behalf of others, solicit, aid, induce or encourage any former employee of the Employer from such former employee, any other Party’s respective Group to leave his or from a third party, by providing a reference setting forth his personal views about such former employee, shall not be deemed a violation of this Section 7(c)her employment. Notwithstanding the foregoing, nothing in this Section 7(c) 4.3 shall not restrict or preclude the Executive Cummins, Filtration or any member of their respective Groups from soliciting for employment or hiring (a) during the Restricted Period, any person employee who responds to a general solicitation or advertisement or contact by a recruiter, whether in-house or external, that is not specifically targeted or focused on the employees employed by any other Party’s respective Group (and nothing shall prohibit such generalized searches for employees through various means, including the use of advertisements in the media (including trade media) or the engagement of search firms to engage in such searches); provided that the applicable Party has not encouraged or advised such firm to approach any such employee; (b) any employee whose employment has been discharged terminated by the Employer other Party’s respective Group; or (c) any Company Affiliate without cause. In the event that any restrictive covenant contained in any Company or Company Affiliate policy, program, agreement or other arrangement to which the Executive is subject employee whose employment has been terminated by such employee after sixty (including any such company policy, program, agreement or other arrangement to which the Executive becomes subject after 60) days from the date hereof) is more restrictive than the provisions of this Section 7, the relevant provision or provisions termination of this Section 7 shall supersede such more restrictive provision or provisions unless the Company and the Executive expressly agree, in writing, to have such more restrictive provision or provisions be controllingemployee’s employment.

No Solicitation or Hiring of Employees. During From and after the Non-Compete Effective Date until the Disposition Date (the “Restricted Period”), the Executive shall notnone of Cummins, directly or indirectly through an intermediary, solicit, entice, persuade or induce any individual who is employed by the Employer Filtration or any Company Affiliate (or who was so employed within 180 days member of their respective Groups shall, without the prior to written consent of the Executive’s action) to terminate or refrain from continuing such employment or to become employed by or enter into contractual relations with any Chief Human Resource Officer of the other individual or entity other than the Employer or Company Affiliatesapplicable Party, and the Executive shall not hire, either directly or indirectly, as an employeeon their own behalf or in the service or on behalf of others, consultant or otherwise, any such person. Anything to the contrary notwithstanding, the Employer agrees that (i) the Executive’s responding agree to an unsolicited request from employment, contractual or other relationship or otherwise hire, retain or employ any former employee of any other Party’s respective Group. For and during the Employer for advice Restricted Period, through the twelve (12) month period immediately following the Restricted Period, none of Cummins, Filtration or any member of their respective Groups shall, without the prior written consent of the Chief Human Resource Officer of the other applicable Party, either directly or indirectly, on employment matters; and (ii) their own behalf or in the Executive’s responding to an unsolicited request for an employment reference regarding service or on behalf of others, solicit, aid, induce or encourage any former employee of the Employer from such former employee, any other Party’s respective Group to leave his or from a third party, by providing a reference setting forth his personal views about such former employee, shall not be deemed a violation of this Section 7(c)her employment. Notwithstanding the foregoing, nothing in this Section 7(c4.3 shall restrict or preclude Cummins, Filtration or any member of their respective Groups from (a) soliciting, or after the Disposition Date, hiring, any employee who responds to a job posting or advertisement or contact by a recruiter, whether in-house or external, that is not specifically targeted or focused on the employees employed by any other Party’s respective Group (and nothing shall prohibit such generalized searches for employees through various means, including the use of advertisements in the media (including trade media) or the engagement of search firms to engage in such searches); provided that the applicable Party has not preclude the Executive from encouraged or advised such firm to approach any such employee; (b) soliciting for employment or hiring any person who employee whose employment has been discharged terminated by the Employer other Party’s respective Group; or (c) soliciting or hiring any Company Affiliate without cause. In the event that any restrictive covenant contained in any Company or Company Affiliate policy, program, agreement or other arrangement to which the Executive is subject employee whose employment has been terminated by such employee after sixty (including any such company policy, program, agreement or other arrangement to which the Executive becomes subject after 60) days from the date hereof) is more restrictive than the provisions of this Section 7, the relevant provision or provisions termination of this Section 7 shall supersede such more restrictive provision or provisions unless the Company and the Executive expressly agree, in writing, to have such more restrictive provision or provisions be controllingemployee’s employment.”