Common use of Acknowledgement by Executive Clause in Contracts

Acknowledgement by Executive. The Executive acknowledges and confirms that the restrictive covenants contained in this Section 6 (including without limitation the length of the term of the provisions of this Section 6) are reasonably necessary to protect the legitimate business interests of the Company, and are not overbroad, overlong, or unfair and are not the result of overreaching, duress or coercion of any kind. The Executive further acknowledges and confirms that the compensation payable to the Executive under this Agreement is in consideration for the duties and obligations of the Executive hereunder, including the restrictive covenants contained in this Section 6, and that such compensation is sufficient, fair and reasonable. The Executive further acknowledges and confirms that his full, uninhibited and faithful observance of each of the covenants contained in this Section 6 will not cause him any undue hardship, financial or otherwise, and that enforcement of each of the covenants contained herein will not impair his ability to obtain employment commensurate with his abilities and on terms fully acceptable to him or otherwise to obtain income required for the comfortable support of him and his family and the satisfaction of the needs of his creditors. The Executive acknowledges and confirms that his special knowledge of the business of the Company is such as would cause the Company serious injury or loss if he were to use such ability and knowledge to the benefit of a competitor or were to compete with the Company in violation of the terms of this Section 6. The Executive further acknowledges that the restrictions contained in this Section 6 are intended to be, and shall be, for the benefit of and shall be enforceable by, the Company’s successors and assigns. The Executive expressly agrees that upon any breach or violation of the provisions of this Section 6, the Company shall be entitled, as a matter of right, in addition to any other rights or remedies it may have, to (i) temporary and/or permanent injunctive relief in any court of competent jurisdiction as described in Section 6.9 hereof, and (ii) such damages as are provided at law or in equity.

Acknowledgement by Executive. The Executive acknowledges and confirms that (a) the restrictive covenants contained in this Section 6 (including without limitation the length of the term of the provisions of this Section 6) Sections 11, 15 and 16 are reasonably necessary to protect the legitimate business interests of the Company, and (b) the restrictions contained in Sections 11, 15 and 16(including without limitation the length of the term of the provisions of Sections 11, 15 and 16) are not overbroad, overlong, or unfair and are not the result of overreaching, duress or coercion of any kind. The Executive further acknowledges and confirms that the compensation payable to the Executive under this Agreement is in consideration for the duties and obligations of the Executive hereunder, including the restrictive covenants contained in this Section 6, and that such compensation is sufficient, fair and reasonable. The Executive further acknowledges and confirms that his full, uninhibited and faithful observance of each of the covenants contained in this Section 6 Sections 11, 15, and 16 will not cause him any undue hardship, financial or otherwise, and that enforcement of each of the covenants contained herein will not impair his ability to obtain employment services commensurate with his abilities and on terms fully acceptable to him or otherwise to obtain income required for the comfortable support of him and his family and the satisfaction of the needs of his creditors. The Executive acknowledges and confirms that his special knowledge of the business of the Company is such as would cause the Company serious injury or loss if he were to use such ability and knowledge to the benefit of a competitor or were to compete with the Company in violation of the terms of this Section 6Sections 11, 15, and 16. The Executive further acknowledges that the restrictions contained in this Section 6 Sections 11, 15 and 16 are intended to be, and shall be, for the benefit of and shall be enforceable by, the Company’s successors and assigns. The In the event that a court of competent jurisdiction shall determine that any provision of Sections 11, 15 and 16 is invalid or more restrictive than permitted under the governing law of such jurisdiction, then only as to enforcement of this Article 6 within the jurisdiction of such court, such provision shall be interpreted and enforced as if it provided for the maximum restriction permitted under such governing law. It is recognized and hereby acknowledged by the parties hereto that a breach by Executive expressly agrees that upon of any breach or violation of the provisions covenants contained in Sections 11, 15 and 16 of this Section 6Agreement will cause irreparable harm and damage to the Company, the monetary amount of which may be virtually impossible to ascertain. As a result, the Executive recognizes and hereby acknowledges that the Company shall be entitled, as a matter of right, in addition entitled to any other rights or remedies it may have, to (i) temporary and/or permanent injunctive relief in an injunction from any court of competent jurisdiction as described enjoining and restraining any violation of any or all of the covenants contained in Section 6.9 hereofSections 11, 15 and 16 of this Agreement by the Executive or any of his affiliates, associates, partners or agents, either directly or indirectly, and (ii) that such damages as are provided at law or right to injunction shall be cumulative and in equityaddition to whatever other remedies the Company may possess.