Common use of Acknowledgment, Enforceability Clause in Contracts

Acknowledgment, Enforceability. Executive has reviewed this Employment Agreement in its entirety, has had an opportunity to obtain the advice of counsel prior to executing this Employment Agreement and fully understands all provisions of this Employment Agreement. Executive hereby acknowledges that the type and periods of restriction imposed in the provisions of this Employment Agreement are fair and reasonable and are reasonably required for the protection of Millennium Cell’s Proprietary Information, Confidential Information and the goodwill associated with Millennium Cell’s business. Executive hereby further acknowledges that the provisions of this Employment Agreement shall be enforced to the fullest extent permissible under the laws and public policies applied in each jurisdiction in which enforcement is sought. Accordingly, if any portion or provision of this Employment Agreement is to any extent declared illegal, invalid or unenforceable by a court of competent jurisdiction, then this Employment Agreement shall be deemed amended to modify or delete therefrom the portion thus declared illegal, invalid or unenforceable, and the remainder of this Employment Agreement, or the application of such portion or provision in circumstances other than those as to which it is so declared illegal, invalid or unenforceable, will not be affected thereby, and each portion and provision of this Employment Agreement shall be valid and enforceable to the fullest extent permitted by law. In the event that any provision of this Employment Agreement is determined by any court of competent jurisdiction to be unenforceable by reason of excessive scope, geographic area, or temporal or functional coverage, such provision will be deemed to extend only over the maximum scope, geographic area or temporal and functional coverage as to which it may be enforceable, and the court shall revise the restriction contained herein to cover such maximum scope, geographic area and temporal and functional coverage. Any provision of this Employment Agreement which is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof, and any such prohibition or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction.

Acknowledgment, Enforceability. Executive has reviewed this Employment Agreement in its entirety, has had an opportunity to obtain the advice of counsel prior to executing this Employment Agreement and fully understands all provisions of this Employment Agreement. Executive hereby acknowledges that the type and periods of restriction imposed in the provisions of this Employment Agreement are fair and reasonable and are reasonably required for the protection of Millennium Cellthe Company’s Proprietary Information, Confidential Information and the goodwill associated with Millennium Cellthe Company’s business. Executive hereby further acknowledges that the provisions of this Employment Agreement shall be enforced to the fullest extent permissible under the laws and public policies applied in each jurisdiction in which enforcement is sought. Accordingly, if any portion or provision of this Employment Agreement is to any extent declared illegal, invalid or unenforceable by a court of competent jurisdiction, then this Employment Agreement shall be deemed amended to modify or delete therefrom the portion thus declared illegal, invalid or unenforceable, and the remainder of this Employment Agreement, or the application of such portion or provision in circumstances other than those as to which it is so declared illegal, invalid or unenforceable, will not be affected thereby, and each portion and provision of this Employment Agreement shall be valid and enforceable to the fullest extent permitted by law. In the event that any provision of this Employment Agreement is determined by any court of competent jurisdiction to be unenforceable by reason of excessive scope, geographic area, or temporal or functional coverage, such provision will be deemed to extend only over the maximum scope, geographic area or temporal and functional coverage as to which it may be enforceable, and the court shall revise the restriction contained herein in this Agreement to cover such maximum scope, geographic area and temporal and functional coverage. Any provision of this Employment Agreement which is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof, and any such prohibition or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction.

Acknowledgment, Enforceability. Executive has reviewed this Employment Agreement in its entirety, has had an opportunity to obtain the advice of counsel prior to executing this Employment Agreement and fully understands all provisions of this Employment Agreement. Executive hereby acknowledges that the type and periods of restriction imposed in the provisions of this Employment Agreement are fair and reasonable and are reasonably required for the protection of Millennium Cell’s 's Proprietary Information, Confidential Information and the goodwill associated with Millennium Cell’s 's business. Executive hereby further acknowledges that the provisions of this Employment Agreement shall be enforced to the fullest extent permissible under the laws and public policies applied in each jurisdiction in which enforcement is sought. Accordingly, if any portion or provision of this Employment Agreement is to any extent declared illegal, invalid or unenforceable by a court of competent jurisdiction, then this Employment Agreement shall be deemed amended to modify or delete therefrom the portion thus declared illegal, invalid or unenforceable, and the remainder of this Employment Agreement, or the application of such portion or provision in circumstances other than those as to which it is so declared illegal, invalid or unenforceable, will not be affected thereby, and each portion and provision of this Employment Agreement shall be valid and enforceable to the fullest extent permitted by law. In the event that any provision of this Employment Agreement is determined by any court of competent jurisdiction to be unenforceable by reason of excessive scope, geographic area, or temporal or functional coverage, such provision will be deemed to extend only over the maximum scope, geographic area or temporal and functional coverage as to which it may be enforceable, and the court shall revise the restriction contained herein to cover such maximum scope, geographic area and temporal and functional coverage. Any provision of this Employment Agreement which is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof, and any such prohibition or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction.