|
a. Each party agrees that at no time during the Term of this Agreement or during any
<br />extension or renewal thereof, and for a period of one (1) year thereafter, shall it
<br />contact any employee of the other party or any affiliate thereof for the purpose of
<br />employing, hiring, or otherwise interfering with the employment relationship
<br />between such employee and his/her employer or any affiliate thereof without the
<br />prior written approval of the employing party, nor shall either party, directly or
<br />indirectly, for itself or on behalf of or in connection with any other person, firm,
<br />partnership, corporation, or association, solicit, hire, or entice away any employee
<br />from his/her employer or any affiliate thereof.
<br />(17) FORCE MAJEURE.
<br />a. Should the performance of this Agreement by YOUR CORPORATION and/or
<br />Sterling be prevented or delayed by an act of God, war, civil insurrection, fire, flood,
<br />storm, strikes, lockouts, or by any law, regulation, or order of any federal, state,
<br />county, or municipal authority, or by any other cause beyond the reasonable
<br />control of YOUR CORPORATION and/or Sterling, as the case may be, such
<br />party's performance to the extent it is so prevented or delayed shall be excused,
<br />provided that the party diligently attempts to perform to the extent it is not so
<br />prevented or delayed. If any such event occurs, the nonperforming party shall
<br />make reasonable efforts to notify the other party of the nature of any such condition
<br />and the extent of the delay.
<br />(18) INVALID PROVISIONS.
<br />a. If any provision of this Agreement or any other document contemplated hereby is
<br />rendered illegal, invalid, or unenforceable by any judicial decision, legislative action
<br />or regulation, or other administrative ruling, whether federal or state, such provision
<br />shall be fully severable and:
<br />This Agreement and any other document contemplated hereby shall be
<br />construed and enforced as if such illegal, invalid, or unenforceable
<br />provision had never comprised a part hereof or thereto;
<br />ii. The remaining provisions of this Agreement and any other document
<br />contemplated hereby that reasonably can be given effect apart from that
<br />which is invalidated shall remain in full force and effect and shall not be
<br />affected by the illegal, invalid, or unenforceable provision; and
<br />iii. The parties shall in good faith negotiate and substitute a provision as
<br />similar in terms to such illegal, invalid, or unenforceable provision as may
<br />be possible and still be legal, valid, and enforceable. If the parties cannot,
<br />within fifteen (15) days, agree on an amendment to the Agreement to
<br />cure such illegal, invalid, or unenforceable provision, either party may
<br />terminate this Agreement upon thirty (30) days prior written notice to the
<br />other party, or sooner if required by law.
<br />(19) CAPTIONS AND HEADINGS.
<br />
|