Common use of foregoing Clause in Contracts

foregoing. Executive further covenants and agrees that during Executive's employment by the Company and for a period of six months after Executive's Termination Upon a Change in Control, if Executive receives the benefits set forth in Section 3 hereof, Executive will not, except with the prior written consent of the Board, directly or indirectly, solicit or hire, or encourage the solicitation or hiring of, any person who was a managerial or higher level employee of the Company at any time during the term of Executive's employment by the Company by any employer other than the Company for any position as an employee, independent contractor, consultant or otherwise. The foregoing covenant of Executive shall not apply to any person after 12 months have elapsed after the date on which such person's employment by the Company has terminated.