ACKNOWLEDGEMENTS BY EMPLOYEE. 4.1 Employee acknowledges that he or she is subject to, and will continue to abide by, all surviving provisions of the Retention Agreement, including, without limitation, the covenants regarding confidentiality, non-solicitation and non-disparagement set forth in Section 11 of the Retention Agreement (the “Covenants”), all of which are incorporated herein by reference as if set forth herein in their entirety. Nothing in this Agreement is intended to modify, supersede or replace any provision, right or obligation of Employee under the Covenants.
ACKNOWLEDGEMENTS BY EMPLOYEE. Employee acknowledges and agrees that Employee has read this Release in its entirety and that this Release is a general release of all known and unknown Claims. Employee further acknowledges and agrees that:
ACKNOWLEDGEMENTS BY EMPLOYEE. Employee acknowledges that: (a) the services to be performed by him under this Agreement are of a special, unique, and intellectual character; (b) Company's business is national in scope and its services are marketed throughout the United States; and (c) Company competes with other businesses that are or could be located in any part of the United States.
ACKNOWLEDGEMENTS BY EMPLOYEE. Employee acknowledges he may be removed as an officer of the Operating Partnership, the General Partner or Crescent in accordance with applicable law; if such event occurs while the Option is not fully vested, Section 6 herein shall govern the full or partial forfeiture of the Option. Employee agrees that no duty of good faith or fair dealing shall be read into this Agreement against the Operating Partnership, the General Partner or Crescent. Employee understands and intends that this Agreement does not create a partnership or joint venture between Employee and the Operating Partnership.
ACKNOWLEDGEMENTS BY EMPLOYEE. The Employee acknowledges that:
ACKNOWLEDGEMENTS BY EMPLOYEE. The Employee acknowledges that his position with the Company will require the performance of services which are special, unique, extraordinary and of an intellectual character and places and will continue to place him in a position of confidence and trust with the Customers of the Company. The Employee further acknowledges that his performance of services for the Company necessarily requires the disclosure to the Employee of confidential information and trade secrets of the Company. The Employee also acknowledges that he has developed prior to the date hereof, as an employee and stockholder of Advanced Digital Services, Inc., a New York corporation ("ADSI-NY") which merged with and into the Company pursuant to a Plan and Agreement of Merger dated July 31, 1997 among ADSI-NY, KDTI, the Company, under its former name Katz Xxxital Acquisition Inc., and the shareholders of ADSI-NY (the "Merger Agreement") concurrently with the execution and delivery of this Agreement, a personal acquaintance and relationship with Customers of ADSI-NY and that he will continue to develop such relationships with such Customers as an employee of the Company. The Employee also acknowledges that in the course of his employment by the Company he will develop a personal acquaintanceship and relationship with other
ACKNOWLEDGEMENTS BY EMPLOYEE. In signing this Agreement, Employee acknowledges:
ACKNOWLEDGEMENTS BY EMPLOYEE. Employee acknowledges that by virtue of his position with the Company he or she has developed considerable expertise in the business operations of the Company and has had extensive access to trade secrets and other confidential information of the Company. Employee recognizes that Parent would be irreparably damaged, and its substantial investment in the Company materially impaired, if Employee were to enter into an activity competing with the business of Parent, the Company (or any subsidiary, successor or acquiror of Parent or the Company) in violation of the terms of this Agreement or if
ACKNOWLEDGEMENTS BY EMPLOYEE. Employee acknowledges that (a) Employee may have, in the course of its relationship with the Company, become familiar with some or all of the following, any and all of which constitute confidential information of the Company, (collectively the "Confidential Information"): (i) trade secrets concerning business and affairs of the Company, product specifications, data, know-how, formulae, compositions, processes, designs, sketches, photographs, graphs, drawings, samples, inventions and ideas, past, current and planned research and development, current and planned testing, manufacturing and distribution methods and processes, customer lists, current and anticipated customer requirements, price lists, market studies, marketing information, customer surveys, business plans, discoveries, concepts, designs, methods and information, of the Company and any other information, however documented, of the Company that is a trade secret within the meaning of the Uniform Trade Secrets Act, C.G.S.A. ss.35-50 et seq.; (ii) information concerning the business and affairs of the Company (which includes historical financial statements, financial projections and budgets, historical and projected sales, capital spending budgets and plans, the names and backgrounds of key personnel, personnel training and techniques and materials), however documented; and (iii) notes, analysis, compilations, studies, summaries, and other material prepared by or for the Company containing or based, in whole or in part, on any information included in the foregoing, (b) the business of the Company is international in scope, (c) its products and services are marketed throughout the world; (d) Purchaser has required that Employee make the covenants set forth in Sections 3 and 4 of this Agreement as a condition to the Merger; (e) the provisions of Sections 3 and 4 of this Agreement are reasonable and necessary to protect and preserve Purchaser; and (f) Purchaser would be irreparably damaged if Employee were to breach the covenants set forth in Sections 3 and 4 of this Agreement.
ACKNOWLEDGEMENTS BY EMPLOYEE. 4.1 Employee acknowledges that he has read and signed, and will continue to abide by, Employer’s Employee Innovations and Proprietary Rights Assignment Agreement executed by Employee on July 15, 2009 and the Confidentiality Agreement, executed by Employee on April 30, 2007 (the “Proprietary Rights Agreements”) which are incorporated herein by reference as if set forth herein in its entirety. Nothing in this Agreement is intended to modify, supersede or replace any provision, right or obligation of the Proprietary Rights Agreements.
