Common use of Non-Hire Covenant Clause in Contracts

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. 7.18.1. 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. 7.28.2. 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. 7.16.1. 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. 7.26.2. 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.