Common use of Acknowledgment; Independent Provisions; Modification Clause in Contracts

Acknowledgment; Independent Provisions; Modification. Executive ---------------------------------------------------- acknowledges and agrees that: (i) the covenants and agreements contained in this Article 2 are the essence of this Agreement; (ii) that Executive has received good, adequate and valuable consideration for each of these covenants; (iii) each of these covenants is reasonable and necessary to protect and preserve the interests and properties of the Company; (iv) the Company is and will be engaged in and throughout the Territory in the Business; (v) a Competing Business could be engaged in from any place in the Territory; and (vi) the Company has a legitimate business interest in restricting Executive's activities throughout the Territory. Executive also acknowledges and agrees that: (i) irreparable loss and damage will be suffered by the Company should Executive breach any of these covenants and agreements; (ii) each of these covenants and agreements in Article 2 is separate, distinct and severable not only from the other covenants and agreements but also from the remaining provisions of this Agreement; and (iii) the unenforceability of any covenants or agreements shall not affect the validity or enforceability of any of the other covenants or agreements or any other provision or provisions of this Agreement. Executive acknowledges and agrees that if any of the provisions of Article 2 shall ever be deemed to exceed the time, activity, or geographic limitations permitted by applicable law, then such provisions shall be and hereby are reformed to the maximum time, activity, or geographical limitations permitted by applicable law.

Acknowledgment; Independent Provisions; Modification. Executive ---------------------------------------------------- acknowledges and agrees that: (i) the covenants and agreements contained in this Article 2 are the essence of this Agreement; (ii) that Executive has received good, adequate and valuable consideration for each of these covenants; (iii) each of these covenants is reasonable and necessary to protect and preserve the interests and properties of the Company; (iv) the Company is and will be engaged in and throughout the Territory in the Business; (v) a Competing Business could be engaged in from any place in the Territory; and (vi) the Company has a legitimate business interest in restricting Executive's activities throughout the Territory. Executive also acknowledges and agrees that: (i) irreparable loss and damage will be suffered by the Company should Executive breach any of these covenants and agreements; (ii) each of these covenants and agreements in Article 2 is separate, distinct and severable not only from the other covenants and agreements but also from the remaining provisions of this Agreement; and (iii) the unenforceability of any covenants or agreements shall not affect the validity or enforceability of any of the other covenants or agreements or any other provision or provisions of this Agreement. Executive acknowledges and agrees that if any of the provisions -5- of Article 2 shall ever be deemed to exceed the time, activity, or geographic limitations permitted by applicable law, then such provisions shall be and hereby are reformed to the maximum time, activity, or geographical limitations permitted by applicable law.