Common use of NON-SOLICITATION AND NO HIRING Clause in Contracts

NON-SOLICITATION AND NO HIRING. 11.1 Client agrees that the employees and key consultants of Abtech are a valuable asset to Abtech and are difficult and costly to replace. Accordingly, during the term of this Agreement and for two (2) years thereafter, Client shall not, either directly or indirectly, without the other party’s prior written consent, hire, solicit or attempt to solicit the services as an employee or consultant of Abtech with whom it became acquainted as a result of the relationship under this Agreement, with the express acknowledgment that enforcement will not restrain employees future ability to earn a living. The foregoing restriction on solicitation shall not preclude Client from placing advertisements for employment in publications of general circulation. 11.2 In the event of a violation of any of the provisions of this Section 11 by Client, the parties agree that it would be impractical or extremely difficult to ascertain the actual damages suffered by Abtech. The parties having made diligent but unsuccessful attempts to ascertain the actual damages Abtech would suffer in the event Client violated any of the provisions of this Section 11 agree that a reasonable estimate of actual damages shall be computed as follows: 11.2.1 Client shall pay to Abtech a sum equal to one and one-half (1 ½) times the annual salary or compensation that would have been paid to any person solicited or offered employment in violation of this Section 11. 11.2.2 Client shall pay to Abtech a sum equal to three (3) time the annual salary or compensation that would have been paid to any person solicited or offered employment in violation of this Section 11 where such person accepts said employment.

NON-SOLICITATION AND NO HIRING. 11.1 Client Each party acknowledges and agrees that the employees and key consultants of Abtech the other party are a valuable asset to Abtech such other party and are difficult and costly to replace. Accordingly, during the term of this Agreement and for two (2) years thereafter, Client shall notneither party shall, either directly or indirectly, without the other party’s prior written consent, hire, solicit or attempt to solicit the services as an employee or consultant of Abtech such other party with whom it became acquainted as a result of the relationship under this Agreement, with the express acknowledgment that enforcement will not restrain employees future ability to earn a living. The foregoing restriction on solicitation shall not preclude Client either party from placing advertisements for employment in publications of general circulation. 11.2 In the event of a violation of any of the provisions of this Section 11 by Client, the parties agree that it would be impractical or extremely difficult to ascertain the actual damages suffered by Abtech. The parties having made diligent but unsuccessful attempts to ascertain the actual damages Abtech would suffer in the event Client violated any of the provisions of this Section 11 agree that a reasonable estimate of actual damages shall be computed as follows: 11.2.1 11.3 Client shall pay to Abtech a sum equal to one and one-half (1 ½) times the annual salary or compensation that would have been paid to any person solicited or offered employment in violation of this Section 11. 11.2.2 11.4 Client shall pay to Abtech a sum equal to three (3) time the annual salary or compensation that would have been paid to any person solicited or offered employment in violation of this Section 11 where such person accepts said employment.