Non-Hire. 7.7.1 Without the prior written consent of Navistar, neither Caterpillar nor any of its Affiliates shall, directly or indirectly, employ (a) any Navistar employee who is seconded to the Company pursuant to the applicable Employee Secondment Agreement during the period that such Navistar employee is seconded to the Company, or (b) any Company employee during the period that such individual is a Company employee; provided that, in the case of each of clauses (a) and (b), neither Caterpillar nor any of its Affiliates shall be precluded from hiring any such individual who (A) initiates discussions regarding such employment, or (B) responds to any public advertisement, unless the advertisement is undertaken with the intention of violating this Section 7.7.1, placed by Caterpillar or one of its Affiliates.
Appears in 4 contracts
Samples: Operating Agreement (Caterpillar Inc), Joint Venture (Navistar International Corp), Truck Business Relationship Agreement (Navistar International Corp)
