Common use of Non-Hire/Non-Solicitation Clause in Contracts

Non-Hire/Non-Solicitation. The parties hereby agree that so long as the Sub-Adviser provides services to the Adviser or the Trust and for a period of one year following the date on which the Sub-Adviser ceases to provide services to the Adviser and the Trust, the parties shall not for any reason, directly or indirectly, on their own behalf or on behalf of others, hire any key employee of the other party who (i) is employed in the Adviser’s Investment Management Group or the Sub-Adviser’s [Account Management Group or Portfolio Management Group] and (ii) was introduced to the other party in connection with its provision of services hereunder, whether or not such person is a full-time employee or whether or not any person’s employment is pursuant to a written agreement or is at-will; provided, however, that the parties hereto may employ any such person who responds to a general solicitation for employees such as advertisements not specifically directed towards employees of the other party. The parties further agree that, to the extent that the other party breaches the covenant described in this paragraph, the other party shall be entitled to pursue all appropriate remedies in law or equity.

Non-Hire/Non-Solicitation. The parties hereby agree that so long as the Sub-Adviser provides services to the Adviser or the Trust and for a period of one year following the date on which the Sub-Adviser ceases to provide services to the Adviser and the Trust, the parties shall not for any reason, directly or indirectly, on their own behalf or on behalf of others, hire any key employee of the other party who (i) is employed in the Adviser’s 's Investment Management Group or the Sub-Adviser’s ['s Account Management Group or Portfolio Management Group] Group and (ii) was introduced to the other party in connection with its provision of services hereunder, whether or not such person is a full-time employee or whether or not any person’s 's employment is pursuant to a written agreement or is at-will; provided, however, that the parties hereto may employ any such person who responds to a general solicitation for employees such as advertisements not specifically directed towards employees of the other party. The parties further agree that, to the extent that the other party breaches the covenant described in this paragraph, the other party shall be entitled to pursue all appropriate remedies in law or equity.

Non-Hire/Non-Solicitation. The parties hereby agree that so long as the Sub-Adviser provides services to the Adviser or the Trust and for a period of one year following the date on which the Sub-Adviser ceases to provide services to the Adviser and the Trust, the parties shall not for any reason, directly or indirectly, on their own behalf or on behalf of others, hire any key employee of the other party who (i) is employed in the Adviser’s Investment Management Group or the Sub-Adviser’s [Account Management Group or Portfolio Management Group] Group and (ii) was introduced to the other party in connection with its provision of services hereunder, whether or not such person is a full-time employee or whether or not any person’s employment is pursuant to a written agreement or is at-will; provided, however, that the parties hereto may employ any such person who responds to a general solicitation for employees such as advertisements not specifically directed towards employees of the other party. The parties further agree that, to the extent that the other party breaches the covenant described in this paragraph, the other party shall be entitled to pursue all appropriate remedies in law or equity.