LIQUIDATED DAMAGES FOR HIRING AUSTINS ELITE EMPLOYEES:
If, during the term of this Agreement or for twelve months thereafter, Client directly or indirectly retains the services (whether as an employee, independent contractor or otherwise) of any employee of AUSTINS ELITE (or ex-employee within three months of the employee’s termination from AUSTINS ELITE) who has provided services to Client on behalf of AUSTINS ELITE, Client agrees that AUSTINS ELITE will be damaged, but that the amount of this damage will be difficult to determine accordingly. Client agrees that for each AUSTINS ELITE employee hired by the Client, the Client will pay AUSTINS ELITE two thousand five hundred dollars ($2,500) as liquidated damages. Notwithstanding the foregoing, for the purposes of this section, “employee of AUSTINS ELITE” shall include only employees of AUSTINS ELITE who provide services to AUSTINS ELITE customers and shall not include accountants, attorneys or other third-party vendors of AUSTINS ELITE who provide services to AUSTINS ELITE itself.