Acknowledgements of Executive. In the course of his/her employment with the Company, the Executive has and will be exposed to and will have an opportunity to learn or otherwise become aware of Confidential Information; the Confidential Information is a valuable asset which is the property of the Company exclusively, the unauthorized use or disclosure of which would cause very serious harm to the economic interests of the Company; and it is important in the interests of the Company that the Confidential Information remain the exclusive confidential property of the Company and that it not be used or disclosed except in accordance with the knowledge and consent of the Company and in the Company’s best interests.
Acknowledgements of Executive. 7.1 The Executive acknowledges that:
(a) he was represented by counsel of his own choosing in the negotiations for and preparation of this Agreement;
(b) his counsel has reviewed this Agreement;
(c) he thoroughly discussed all aspects of this Agreement with his counsel;
(d) he has carefully read this Agreement and the documents to be executed in connection herewith and has had them fully explained by counsel, and he is fully aware of the contents and legal effect; and
(e) he is freely and voluntarily entering into this Agreement on the advice of his counsel.
Acknowledgements of Executive a. Executive acknowledges that Executive has been advised to consult with an attorney, at Executive's own expense, prior to signing this Release.
b. Executive acknowledges that Executive has fully read this Release, understands the contents of this Release, and agrees to its terms and conditions of Executive's own free will, knowingly and voluntarily, and without any duress or coercion.
c. Executive understands that this is a FINAL GENERAL RELEASE, and that Executive can make no further claims against the Company having any connection with the events contained herein. Executive also understands that this Release precludes Executive from recovering any damages or other relief as a result of any lawsuit, grievance, charge or claim that may be brought on Executive's behalf and arising out of Executive's employment with the Company, or Executive's resignation or separation from employment with the Company. Executive does not release rights that may arise after the termination of Executive's employment with the Company.
d. Executive acknowledges that Executive is receiving adequate consideration for signing this Release.
e. Executive acknowledges that this Release is attached to the Agreement, that Executive received a copy of the Agreement, with this form of release attached on _____________, 2002, and that Executive has had more than twenty-one (21) days from the date he received this Release to consider whether to accept and sign it.
Acknowledgements of Executive. Executive acknowledges that the Company has expended substantial time and expense in the acquisition, research and development of processes, technology, techniques and products which are unique to the Company or not generally known to others and which could be unfairly taken or used by others in competition with the Company, and further acknowledges that competition with the Company is not based strictly on geographical location. In addition, Executive agrees that his position with the Company will place him in a position to be able to pirate business from the Company, or otherwise unjustly enrich himself at the expense of the Company, but for the restrictions contained in this Article.
Acknowledgements of Executive. Executive hereby acknowledges and agrees that: (a) this Agreement is necessary for the protection of the legitimate business interests of the Company; (b) the restrictions contained in this Agreement may be enforced in a court of law whether or not Executive is terminated with or without Cause or terminates this Agreement for or without Good Reason; (c) Executive has no intention of competing with the Company within the limitations set forth above; (d) Executive has received adequate and valuable consideration in exchange for his or her obligations under this Agreement; (e) Executive's covenants shall be construed as independent of any other provision in this Agreement (other than the last paragraph in each of Paragraphs 9(b) and 9(c)) and the existence of any claim or cause of action Executive may have against the Company, whether predicated on this Agreement or not, shall not constitute a defense to the enforcement by Company of these covenants; and (f) Executive's continued employment with the Company is not guaranteed for any term or time period whatsoever.
Acknowledgements of Executive. The Executive acknowledges that (a) the Company and any of its affiliates (defined as any other entity directly or indirectly controlling, controlled by or under common control with the Company) or subsidiaries thereof that are currently existing or are acquired or formed during the Restricted Period, as hereinafter defined (collectively, the "Companies"), are and will be engaged primarily in the Company Business; (b) his work for the Companies will give him access to trade secrets of and confidential information concerning the Companies, including, without limitation, information concerning its organization, business and affairs, "know-how", customer lists, details of client or consultant contracts, pricing policies, financial information, operational methods, marketing plans or strategies, business acquisition plans, new personnel acquisition plans, technical processes, projects of the Companies, financing projections, budget information and procedures, and research products (collectively, the "Trade Secrets"); and (c) the agreements and covenants contained in this Section 4 are essential to protect the Company Business and goodwill of the Companies.
