Common use of Recruiting Services Clause in Contracts

Recruiting Services. During Phase Two of the Software Project, CCSI, at its sole option, may engage PENCOM to recruit NeXTSTEP developers for employment by CCSI beginning with the start of Phase Three. If CCSI engages PENCOM to recruit on its behalf, PENCOM shall use its best efforts to perform such recruiting services on the following terms and conditions: 8.1. PENCOM's sole fee for its recruiting services shall be in the amount equal to twenty-five percent (25%) of any hired candidate's first year salary, exclusive of any bonuses. 8.2. PENCOM shall not solicit or recruit from CCSI. 8.3. No candidate shall be referred to CCSI until he or she has been personally interviewed by PENCOM, thoroughly screened and determined appropriate as a referral to CCSI. To be an appropriate referral, the candidates must meet the requirements set by CCSI and provided to PENCOM at a later date. 8.4. PENCOM shall not withhold candidate information which CCSI would reasonably consider essential to its hiring decision. 8.5. Candidates shall be referred only with the candidates' express prior consent. 8.6. Neither PENCOM nor any of its employees shall ever discriminate in the provision of PENCOM's recruiting services on the basis of race, creed, color, national origin, religion, sex, marital status, affectional preference, handicap, age or any other legally proscribed criteria. 8.7. Fees will be due and payable as follows: fifty percent (50%) within thirty (30) business days of the hired candidate's start date and fifty percent (50%) within thirty (30) business days of the four (4) month anniversary of the hired candidate's start date. Notwithstanding the payment schedule of this section, no payments for recruiting services shall be due from CCSI to PENCOM until CCSI has received a written invoice from PENCOM for such services. 8.8. Should the hired candidate leave voluntarily or be dismissed by CCSI for any reason within four (4) months of the start date, PENCOM shall be given thirty (30) days to refill the position at no additional cost to CCSI. Should PENCOM be successful in providing an acceptable replacement within the thirty (30) day period, PENCOM may retain the full fee. Should PENCOM be unsuccessful in providing an acceptable replacement, PENCOM shall refund the fee. 8.9. Should the hired candidate leave voluntarily or be dismissed by CCSI for any reason after four (4) months of employment but prior to completing eight (8) months of employment, PENCOM shall be given thirty (30) days to refill the position at no additional cost to CCSI. Should PENCOM be successful in providing an acceptable replacement within the thirty (30) day period, PENCOM may retain the full fee. Should PENCOM be unsuccessful in providing an acceptable replacement, PENCOM shall refund fifty percent (50%) of the fee. 8.10. CCSI shall be under no obligation to hire candidates referred by PENCOM, and shall be free to recruit candidates either on its own or through the use of other recruiters.