Call for tenders' details

PROC/2014/22 - Application development, maintenance and service desk (ADM & SD).
Contracting authority:
European Securities and Markets Authority (ESMA)
TED publication date:
Time limit for receipt of tenders:
English (en)
Question details
Contract's questions p.4
8. Please consider adding a non-solicit provisions to the FWC, as follows: “Article I.12 - Non-hire and non-solicit. Unless otherwise agreed, during the term of the FWC and 3 years after its expiration/termination a party (“breaching party”) shall not solicit for employment, employ or enter into any direct or through third-party contract for services or employment relationship with any individual who is an employee or consultant of the other party or its affiliate (“injured party”). Shall a breaching party become aware of the breach of the term stated above in this Article I.12 and/or receive a notice from the other party with information about the breach, the breaching party shall immediately terminate a relationship with such an employee or consultant. Shall a breaching party fail to immediately terminate a breach, the breaching party shall pay a remedy to the injured party equal to an estimated annual gross services fee or at the discretion of the injured party annual gross salary of the employee or consultant”.
ESMA will not consider the request.