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:

--------------------------

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.

---------------------------

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