Non Solicitation clause - joining client company

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Sep 7, 2011 9:29 pm

Hi -
I am employed with a company A working for the client B.There is a master services agreement (MSA) signed between A and B.
B wants to hire me directly.

Below is from the Non-solicitation clause of the MSA agreement between A and B:
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During the term and for a period of 1 yr after the expiration or termination thereof or the termination/expiration period, whichever is later:
1. A shall nether employ nor solicit for employment any person who is then, or during the prior six month period was, and employee of B or any of its affiliates, without B's prior consent and
2. B shall not employ nor solicit for employment any person who is then, or during the prior six month period was, an employee of A or any of its affiliates or A's agents who was assigned to the B's account without A's prior consent.
The foregoing non-solicitation obligations shall not apply if an employment solicitation is made to the general public and the employee responds to such solicitation.
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I have the below question?
Can I be hired by B if B puts up job posting in monster/dice (made public) and I apply to the same?

Your help is very much appreciated.

Regards,
Lucky