Exceptions to non-solicitation Clause Samples
The "Exceptions to non-solicitation" clause defines specific circumstances under which the general prohibition on soliciting employees, clients, or customers does not apply. For example, it may allow for general job advertisements that are not targeted at the other party’s staff, or permit solicitation with prior written consent. This clause ensures that the non-solicitation restriction is not overly broad or unfair, providing flexibility for legitimate business activities while still protecting the parties’ core interests.
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Exceptions to non-solicitation. The restrictions set forth in the foregoing subsection (ii) shall not apply:
(A) to any Hired Employee with respect to whom Purchaser or a Subsidiary modifies such Hired Employee's job such that it is no longer comparable in terms of category of job description, salary, benefits or geographic location to that enjoyed by such Hired Employee while in the employ of Seller,
(B) with respect to any Hired Employee who is terminated by Purchaser or a Subsidiary for "cause" (as determined in Purchaser's reasonable judgment), upon the earlier to occur of (x) the expiration of the obligation with respect to an employee as set forth in Section 7.6(b)(ii); or (y) ninety (90) days following such termination; and
(C) to any Selected Employee who Purchaser agrees in writing that Powertel or a Restricted Affiliate may hire.
Exceptions to non-solicitation. The prohibition in clause 20.2(a) does not prevent any Securityholder or Affiliate thereof from publishing any recruitment advertisement in any local or national newspaper or other publication or on any website, or from negotiating with any person who replies to any such advertisement or who initiates any contact with any Securityholder.
Exceptions to non-solicitation. Clause 26.1 does not apply where an employee of a Party seeks employment with another Party in response to an advertisement placed into the public domain for that position unless that other Party has solicited, directly or indirectly, the application from that employee for that position.