During the term of this Agreement and for ___ days after termination, neither party shall solicit any of the other’s employees involved in the Services to consider alternate employment. For the avoidance of doubt, the preceding sentence does not forbid a solicitation to the general public. For each employee who quits as a result of breach of this Section __, the soliciting party shall pay the other party $____, as liquidated damages.*
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During the Non-Solicitation Period (as defined below), neither party shall solicit any of the other’s employees involved in the Services to consider alternate employment. (The “Non-Solicitation Period” for each employee starts at the beginning of his/her participation in the Services and ends ____ days after the end of such participation. If the end of such participation is not documented, it is the latter of (a) the employee’s last communication with the soliciting party related to the Services, excluding de minimus communications, or (b) the employee’s last written work related to the Services.) For the avoidance of doubt, the preceding sentence does not forbid a solicitation to the general public.*
* Use this clause with care because of the risk of violating antitrust and other applicable law. See Chapter II.U of The Tech Contracts Handbook (3rd Ed.).