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This excerpt taken from the ATVI 10-Q filed Nov 10, 2008. NON-SOLICITATION. Throughout my employment by the Company and
for a period of one (1) year from the termination or expiration of my
employment for any reason whatsoever, I agree not to, either alone or jointly,
with or on behalf of others, directly or indirectly, whether as principal,
partner, agent, shareholder, director, employee, consultant or otherwise: (a) offer
employment to, or directly or indirectly solicit the employment or engagement
of, or otherwise induce or entice away from the employment or engagement of
Company or any affiliated entity, either for my own account or for any other
person, firm or company, any employee or consultant who was employed or engaged
by Company or any such affiliated entity during the term of my employment,
whether or not such employee or consultant would commit any breach of his or
her contract of employment or consulting arrangement by reason of his or her
leaving the service of Company or any affiliated entity; or (b) directly
or indirectly solicit, induce or entice any client, customer, contractor,
licensor, agent, partner or other business relationship of Company to
terminate, discontinue, renegotiate or otherwise cease or modify their
relationship with Company. I expressly acknowledge and agree that the
restrictions contained in this paragraph are reasonably tailored to protect
Company’s confidential information and trade secrets, and are reasonable in all
circumstances in scope, duration and all other respects. It is expressly agreed
by the parties that if for any reason whatsoever any one or more of such
restrictions shall (either taken by itself or
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themselves together) be adjudged to go beyond what is reasonable in all circumstances for the protection of the legitimate interests of Company, the parties agree that the prohibitions shall be in effect and upheld to the fullest extent permissible under applicable laws.
This excerpt taken from the ATVI 10-K filed Jun 14, 2007. 16.6 Non-solicitation.
Neither Publisher nor any of its affiliates, by itself, its officers, employees
or agents, or indirectly, shall during the Term, induce or seek to induce, on
an individually targeted basis, the employment or the engagement of the
services of, any employee of the SCE Company or any of its Affiliates, whose
services are (a) specifically engaged in product development or directly
related functions or (b) otherwise reasonably deemed by his or her employer to
be of material importance to the protection of its legitimate business
interests, and (c) with whom Publisher or any of its affiliates shall have
had contact or dealings during the Term. The foregoing provisions shall
continue to apply for a period of 12 months after this Agreement expires or is
terminated.
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