Article 6: Non-solicitation of empl

Article 6: Non-solicitation of employees

The Receiving Party shall not, and shall procure that members of its group shall not, for a period of two (2) years from the date of this Agreement, solicit, endeavour to entice away, employ or offer to employ any person who is at any time during the negotiation of the Transaction employed by the Disclosing Party and is a person who (a) has access to trade secrets or other confidential information of the Disclosing Party; (b) who has participated in the discussions relating to the Transaction or the supply of Material; or (c) holds a position of manager or higher whether or not such person would commit any breach of his contract of service in leaving such employment. Neither the placing of an advertisement of, and the subsequent recruitment to, a post available to a member of the public generally and the recruitment of a person through an employment agency shall constitute a breach of this Article 6 provided that, in the case of the recruitment of a person through an agency, no member of the Receiving Party’s group encourages or advises such agency to approach any such person.