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

Non-Solicitation and Non-Hire. During the term of this Agreement and for a period of one (1) year after the Termination Date (defined below), none of the Company, the Operating Partnership or the Advisor shall (i) solicit, induce, recruit, hire or agree to hire or otherwise encourage or entice, any employee of the Dealer Manager or any of its affiliates to leave the employ of the Dealer Manager or its affiliates, or in any way intentionally interfere with the relationship between Dealer Manager or its affiliates and any employee thereof; provided, however, that the Company, the Operating Partnership or any of their respective affiliates shall not be restricted from (a) employing any such person who contacts it on his or her own initiative and without any direct or indirect solicitation by the Company or the Operating Partnership, and (b) advertising in publications or other general solicitations for employment not directed at such persons and the hiring as a result thereof shall not be deemed a violation of this paragraph, or (ii) induce or attempt to induce any customer, supplier, licensee or other business relation of Dealer Manager or its affiliates to cease doing business with, or modify its business relationship with Dealer Manager or its affiliates, or in any way intentionally interfere with or intentionally hinder the relationship between any such customer, supplier, licensee or business relation and Dealer Manager or its affiliates. During the term of this Agreement and for a period of one (1) year after the Termination Date (defined below), the Company, the Operating Partnership and the Advisor each shall use its reasonable efforts to prevent its respective affiliates from soliciting any employee of the Dealer Manager, Strategic Capital Advisory Services, LLC (“SCAS”) or Strategic Capital Companies, LLC.

Non-Solicitation and Non-Hire. During the term of this Agreement and for a period of one (1) year after the Termination Date (defined below), none of the Company, the Operating Partnership or the Advisor shall (i) solicit, induce, recruit, hire or agree to hire or otherwise encourage or entice, any employee of the Dealer Manager or any of its affiliates to leave the employ of the Dealer Manager or its affiliates, or in any way intentionally interfere with the relationship between Dealer Manager or its affiliates and any employee thereof; provided, however, that the Company, the Operating Partnership or any of their respective affiliates shall not be restricted from (a) employing any such person who contacts it on his or her own initiative and without any direct or indirect solicitation by the Company or the Operating Partnership, and (b) advertising in publications or other general solicitations for employment not directed at such persons and the hiring as a result thereof shall not be deemed a violation of this paragraph, or (ii) induce or attempt to induce any customer, supplier, licensee or other business relation of Dealer Manager or its affiliates to cease doing business with, or modify its business relationship with Dealer Manager or its affiliates, or in any way intentionally interfere with or intentionally hinder the relationship between any such customer, supplier, licensee or business relation and Dealer Manager or its affiliates. During the term of this Agreement and for a period of one (1) year after the Termination Date (defined below), the Company, the Operating Partnership and the Advisor each shall use its reasonable efforts to prevent its respective affiliates from soliciting any employee of the Dealer Manager, Strategic Capital Advisory Services, LLC (“SCAS”) or Strategic Capital Companies, LLC.