Common use of Limited Exceptions Clause in Contracts

Limited Exceptions. Notwithstanding (a) and (b), this Section 3.02 shall not prohibit (i) generalized solicitations that are not directed to specific Persons or Employees of the other Party, (ii) the solicitation and hiring of a Person whose employment was involuntarily terminated by the other Party, or (iii) the solicitation and hiring of a Person after receipt by the soliciting Party (in advance of any solicitation or, in the case of a response to a general solicitation as permitted under clause (i) above, in advance of any subsequent solicitation in connection with the recruiting process) of the express written consent of the Chief Executive Officer of the Party that employs the Person who is to be solicited and/or hired. Except as provided in clause (ii) above with respect to involuntary terminations, without regard to the use of the term “Employee” or “employs,” the restrictions under this Section 3.02 shall be applicable to (a) OSG Group Employees whose employment terminates after the Effective Time, and (b) INSW Group Employees whose employment terminates after the Effective Time, in each case, until the date that is six months after such Employee’s last date of employment with OSG or INSW, as applicable. The restrictions under this Section 3.02 shall not apply to Former OSG Group Employees or Former INSW Group Employees whose most recent employment with OSG and its Subsidiaries was terminated prior to the Effective Time.