Common use of Non-Solicitation/Non-Hiring of Employees and Independent Contractors Clause in Contracts

Non-Solicitation/Non-Hiring of Employees and Independent Contractors. During the Participant’s relationship with Avaya and for a period of twelve (12) months immediately following the Participant’s Termination for any reason, whether voluntary or involuntary, the Participant will not, and will not assist anyone else to, (i) hire or solicit for hiring any employee of Avaya or seek to persuade or induce any employee of Avaya to discontinue employment with Avaya, or (ii) hire or engage any independent contractor providing services to Avaya, or solicit, encourage or induce any independent contractor providing services to Avaya to terminate or diminish in any substantial respect its relationship with Avaya. For the purposes of this Section 9(d), an “employee” or “independent contractor” of Avaya is any person who is or was such at any time within the six (6)-month period immediately preceding the date of the prohibited conduct. The foregoing restrictions shall not apply to general solicitation or advertising, including through media, trade publications and general job postings.

Non-Solicitation/Non-Hiring of Employees and Independent Contractors. During the Participant’s relationship with Avaya and for a period of twelve (12) months immediately following the Participant’s Termination for any reason, whether voluntary or involuntary, the Participant will not, and will not assist anyone else to, (i) hire or solicit for hiring any employee of Avaya or seek to persuade or induce any employee of Avaya to discontinue employment with Avaya, or (ii) hire or engage any independent contractor providing services to Avaya, or solicit, encourage or induce any independent contractor providing services to Avaya to terminate or diminish in any substantial respect its relationship with Avaya. For the purposes of this Section 9(d10(d), an “employee” or “independent contractor” of Avaya is any person who is or was such at any time within the six (6)-month period immediately preceding the date of the prohibited conduct. The foregoing restrictions shall not apply to general solicitation or advertising, including through media, trade publications and general job postings.

Non-Solicitation/Non-Hiring of Employees and Independent Contractors. During the ParticipantExecutive’s relationship with Avaya and for a period of twelve (12) months immediately following the Participanttermination of Executive’s Termination relationship with Avaya for any reason, whether voluntary or involuntary, the Participant Executive will not, and will not assist anyone else to, (i) hire or solicit for hiring any employee of Avaya or seek to persuade or induce any employee of Avaya to discontinue employment with Avaya, or (ii) hire or engage any independent contractor providing services to Avaya, or solicit, encourage or induce any independent contractor providing services to Avaya to terminate or diminish in any substantial respect its relationship with Avaya. For the purposes of this Section 9(d8.3(d), an “employee” or “independent contractor” of Avaya is any person who is or was such at any time within the preceding six (6)-month period immediately preceding the date of the prohibited conductperiod. The foregoing restrictions shall not apply to general solicitation or advertising, including through media, trade publications and general job postings.