Non-Hire Covenant. 7.1. CUSTOMER acknowledges that NEX-TECH is involved in a highly strategic and competitive business. CUSTOMER further acknowledges that CUSTOMER would gain substantial benefit and that NEX-TECH would be deprived of such benefit, if CUSTOMER were to directly hire any personnel employed by NEX-TECH. Except as otherwise provided by law, CUSTOMER shall not, without the prior written consent of NEX-TECH, solicit the employment of NEX-TECH personnel during the term of this Agreement and for a period of one (1) year following expiration of this Agreement.
7.2. CUSTOMER agrees that NEX-TECH’s damages resulting from breach by CUSTOMER of this provision would be impracticable and that it would be extremely difficult to ascertain the actual amount of damages. Therefore, in the event CUSTOMER violates this provision, CUSTOMER shall immediately pay NEX-TECH an amount equal to the employee’s total annual compensation as liquidated damages, and NEX-TECH shall have the option to terminate this Agreement without further notice or liability to CUSTOMER. The amount of the liquidated damages reflected herein is not intended as a penalty and is reasonably calculated based upon the projected costs NEX-TECH would incur to identify, recruit, hire and train suitable replacements for such personnel.
Non-Hire Covenant. Each party covenants with the other that it shall not hire or solicit, for itself or any other person or entity, directly or indirectly, any person who was employed or engaged as a consultant of the other within two (2) years of the date such person terminates his/her employment or consultant status with the other xxxxx.
Non-Hire Covenant. During the Term hereof, and for a period of two (2) years thereafter, you and we hereby covenant and agree not to solicit, divert, recruit, hire or attempt to solicit, divert, recruit or hire, any employee of the other party. In the event of any violation of the terms of this Section 13, in addition to any other remedy at law or equity, the hiring party will promptly pay the other party liquidated damages equal to seventy-five thousand dollars ($75,000.00) to help cover tangible and intangible costs associated with recruiting, hiring, and training a suitable replacement. You and we agree that the injury the non-breaching party will suffer upon a violation of this Section 13 is difficult to estimate accurately and that the liquidated damages provided for in this paragraph are not a penalty but are a reasonable estimate of the probable loss the non-breaching will suffer in such event.
Non-Hire Covenant. Subject to the provisions of Section 5(e) hereof, during the Applicable Period, KSC and Cohl will not, and KSC will not permit Cohl to, directly or indirectly, (i) hire any employee of the Company Group or any person that was employed by the Company Group within six months immediately preceding such hiring; (ii) solicit or encourage any employee of the Company Group to terminate their employment with the Company Group; or (iii) solicit or encourage any employee of the Company Group or any person that was employed by the Company Group within the six months immediately preceding such solicitation or encouragement to accept employment with any business, operation, corporation, partnership, association, agency, or other person or entity with which Cohl may be associated in any capacity.
Non-Hire Covenant. A. May 1, 2018. General Terms (All Services) 1. PAYMENT: Payment is due in full within thirty (30) days of invoice date. If by such date, CQRC reserves the right to suspend Client’s access without notice and take steps, including legal action, t
Non-Hire Covenant. Servco and AAHA will not, directly or indirectly, for a period of five (5) years following Closing, hire, employ or attempt to hire or employ a Protected Person as an employee, independent contractor, or otherwise of Servco or AAHA or any Related Entity of Servco or AAHA. A “Protected Person” is any person who is or was an employee or Independent Contractor of the Buyer at the time of the actual or attempted hiring or employment. An “Independent Contractor” is any person that is in the same line of business as the Buyer, but, for purposes of illustration, does not include accountants or attorneys. The phrase “Related Entity” means any entity for which Servco or AAHA is a proprietor, member, partner, investor, shareholder, director, officer or employee.
