Common use of Exceptions to the non-solicit Clause in Contracts

Exceptions to the non-solicit. The restrictions in Clause 12.3 may be relaxed or additional exceptions allowed by written approval of the Purchaser’s Division Head of HR and shall in any event not apply to the solicitation, inducement or recruitment of any person: 12.4.1 through the placing of advertisements of posts available to the public generally; 12.4.2 through an employment agency, provided that no member of the Seller’s Group encourages or advises such agency to approach any such person; 12.4.3 who is no longer employed by the Purchaser’s Group; or 12.4.4 who is under formal notice of termination from his employer, provided that this exception only applies if the employment or engagement by the member of the Seller’s Group is offered with a start date which is no earlier than the day after the last scheduled date of the person’s employment with the Purchaser’s Group. *** Note: Confidential treatment has been requested with respect to the information contained within the [***] marking. Such portions have been omitted from this filing and have been filed separately with the Securities and Exchange Commission.

Exceptions to the non-solicit. The restrictions in Clause 12.3 may be relaxed or additional exceptions allowed by written approval of the Purchaser’s Division Head of HR and shall in any event not apply to the solicitation, inducement or recruitment of any person: 12.4.1 through the placing of advertisements of posts available to the public generally; 12.4.2 through an employment agency, provided that no member of the Seller’s Group encourages or advises such agency to approach any such person; 12.4.3 who is no longer employed by the Purchaser’s Group; or 12.4.4 who is under formal notice of termination from his employer, provided that this exception only applies if the employment or engagement by the member of the Seller’s Group is offered with a start date which is no earlier than the day after the last scheduled date of the person’s employment with the Purchaser’s Group. *** Note: Confidential treatment has been requested with respect to the information contained within the [***] marking. Such portions have been omitted from this filing and have been filed separately with the Securities and Exchange Commission.

Exceptions to the non-solicit. The restrictions in Clause 12.3 13.3 may be relaxed or additional exceptions allowed by written approval of the Purchaser’s Division Head of HR and shall in any event not apply to the solicitation, inducement or recruitment of any person: 12.4.1 13.4.1 through the placing of advertisements of posts available to the public generally; 12.4.2 13.4.2 through an employment agency, provided that no member of the Seller’s Group encourages or advises such agency to approach any such person; 12.4.3 13.4.3 who is no longer employed by the Purchaser’s Group; or 12.4.4 13.4.4 who is under formal notice of termination from his employer, provided that this exception only applies if the employment or engagement by the member of the Seller’s Group is offered with a start date which is no earlier than the day after the last scheduled date of the person’s employment with the Purchaser’s Group. *** Note: Confidential treatment has been requested with respect to the information contained within the [***] marking. Such portions have been omitted from this filing and have been filed separately with the Securities and Exchange Commission.