HBA Employees definition
Examples of HBA Employees in a sentence
Purchaser shall have the right, but not the obligation, to make offers of employment (to be effective after acceptance of the Ported Software under Section 3.4 the Development and License Agreement) to any of the HBA Employees designated on Schedule 4.10 as program engineers and software engineers, provided that Purchaser makes such offers by no later than sixty (60) days after Purchaser's acceptance of the Ported Software pursuant to Section 3.4 of the Development and License Agreement.
Seller shall not do anything to prevent or discourage the HBA Employees from interviewing with Purchaser, and shall not make any statements or remarks to HBA Employees that disparage or derogate Purchaser.
In addition, Seller agrees to recommend to its board of directors promptly after the Closing that appropriate incentives in the form of stock options or similar incentives be made available to HBA Employees who accept employment offers from Purchaser and to any other employee of Seller who is instrumental in fulfilling Seller's obligations pursuant to the Development and License Agreement and the Transition Services Agreement.
Immediately after the Closing, Seller shall notify the HBA Employees of the opportunity to be hired by Purchaser.
Purchaser shall have sole control and discretion over interview and recruitment of the HBA Employees.
All employment arrangements between Purchaser and such HBA Employees to be hired by Purchaser (the "New Purchaser Employees") will be negotiated directly between Purchaser and such employees.
All obligations of Seller to all HBA Employees through the date which such HBA Employees are hired by Purchaser, including obligations for salary, sales commissions, bonus compensation, payroll taxes, fringe benefits and severance pay, are and shall remain, the sole obligations of Seller.
Seller also agrees to make the HBA Employees available for interview with Purchaser, provided that Purchaser gives Seller reasonable advance notice of the time and place of the interview.
Purchaser shall, in its sole discretion, hire by April 1, 2002 those HBA Employees designated on Schedule 4.10 as sales engineers or release engineers, or, in the alternative, Purchaser may enter into consulting agreements to be effective April 1, 2002, pursuant to which Seller shall provide the services of such HBA Employees for a term not to exceed nine (9) months.
Nothing contained in this Agreement shall prohibit Seller from retaining or terminating those HBA Employees who are not hired by Purchaser.