Acknowledgments by Employee. A. The Employee acknowledges that the restrictions placed upon him by this Agreement are reasonable given the nature of the Employee's position with the Company, the area in which the Company markets its products and services, and the consideration provided by the Company to the Employee pursuant to this Agreement. Specifically, the Employee acknowledges that the length of the Covenant Not to Compete in Section III is reasonable and that the definitions of "Competitive Activity" and "Restricted Territory" are reasonable.
B. The Employee agrees that in the event of any breach or threatened breach of the provisions of Section II and III hereof by the Employee, the Company's remedies at law would be inadequate, and the Company shall be entitled to an injunction (without any bond or other security being required), restraining such breach, and costs and attorneys' fees relating to any such proceeding or any other legal action to enforce the provisions of this Agreement, but nothing herein shall be construed to preclude the Company from pursuing any other remedies at law or in equity available to it for any such breach or threatened breach. Moreover, the Employee also agrees that if the Employee breaches any of Sections II or III above, the Employee shall be required to refund to the Company and the Company shall be entitled to recover of the Employee 90% of the amount of the Employee's Compensation (as defined in Section IA(iv) herein) for a Change in Control already paid to the Employee by the Company under this Agreement at the time of the breach, and the Employee shall forfeit at the time of the breach the right to any additional payments or benefits under this Agreement, except that if the breach occurs before the payments set forth in Section IA are made, the Employee shall be entitled to receive the first monthly payment set forth in Section IA, if generally eligible under Section I, and nothing more. In such case, the Employee and the Company agree that the confidential information and non-compete obligations contained in this Agreement shall remain valid and enforceable based upon the consideration actually paid.
C. The Employee acknowledges that all of the provisions of the Agreement are fair and necessary to protect the interests of the Company. Accordingly, the Employee agrees not to contest the validity or enforceability of Section II or Section III hereof and agrees that if any court should hold any provision of Section II or Section III hereof to ...
Acknowledgments by Employee. Employee understands that the restrictions set forth in this Article IX may limit Employee’s ability to earn a livelihood in a business similar to the business of Employer or any subsidiary thereof, but Employee nevertheless believes that Employee has received and will receive sufficient consideration and other benefits as an employee of Employer and as otherwise provided hereunder to justify clearly such restrictions which, in any event (given Employee’s education, skills and ability), Employee does not believe would prevent Employee’s from earning a living. Employee acknowledges that the geographic boundaries, scope of prohibited activities, and duration of this Article IX are reasonable in nature and are no broader than are necessary to maintain the confidentiality and the goodwill of Employer’s proprietary information, plans and services and to protect the other legitimate business interests of Employer.
Acknowledgments by Employee. You acknowledge that (a) during the Term and as a part of your employment, you will be afforded access to Confidential Information; (b) public disclosure of Confidential Information could have an adverse effect on Employer and its business; (c) Employer will obtain exclusive ownership of each Employee Work (defined below), and Employer will be at a substantial competitive disadvantage if it fails to acquire exclusive ownership of each Employee Work; and (d) the provisions included in this Section 5 are reasonable and necessary to prevent the improper use or disclosure of Confidential Information and to provide Employer with exclusive ownership of all Employee Works.
Acknowledgments by Employee. You acknowledge that: (a) the services to be performed by you in connection with your employment with Employer are of a special, unique, unusual, extraordinary, and intellectual character; (b) Employer’s business is national in scope and its products and services are marketed and sold throughout the United States; and (c) the provisions hereof are reasonable and necessary to protect Employer’s legitimate business interests.
Acknowledgments by Employee. Employee acknowledges that (a) during the Employment Period and as a part of his employment, Employee will be afforded access to Confidential Information; (b) public disclosure of such Confidential Information could have an adverse effect on the Employer Group and its business and/or violate or create liability under federal securities laws and securities exchange regulations; (c) the Employer Group will be at a substantial competitive disadvantage if it fails to acquire exclusive ownership of each Employee Invention; and (d) the provisions of this Section 7 are reasonable and necessary to prevent the improper use or disclosure of Confidential Information and to provide Employer with exclusive ownership of all Employee Inventions.
Acknowledgments by Employee. Employee acknowledges that: (a) the services to be performed by him under this Agreement are of a special, unique, unusual, extraordinary, and intellectual character; and (b) the provisions of this Section 8 are reasonable and necessary to protect the Employer Group’s business.
Acknowledgments by Employee. Employee acknowledges that: (a) the services to be performed by him under this Agreement are of a special, unique, unusual, extraordinary and intellectual character; (b) Employer's business is national in scope and its products and services are marketed throughout the United States; (c) Employer competes with other businesses that are or could be located in any part of the United States; and (d) the provisions of this SECTION 7 are reasonable and necessary to protect Employer's business.
Acknowledgments by Employee. Employee acknowledges that (i) as part of Employee's employment with Employer, both prior to entering into this Agreement and during the term of this Agreement, Employee has been and will be afforded access to Confidential Information; (ii) public disclosure of such Confidential Information could have an adverse effect on Employer and its business; and (iii) the provisions of this Section 7 are reasonable and necessary to prevent the improper use or disclosure of Confidential Information and to provide Employer with exclusive ownership of all Employee Inventions.
Acknowledgments by Employee. Employee acknowledges that: the provisions of this Section 8 are reasonable and necessary to protect Employer's business.
Acknowledgments by Employee. Employee acknowledges that: (a) the services to be performed by him under this Agreement are of a special, unique, unusual and intellectual character; (b) Company’s Business is, or is expected to be, national in scope, Company’s processes and technologies having wide application throughout the nation; (c) Company competes with persons having access to markets and capital similar or superior to that possessed by the Company; (d) the restrictive covenants applicable to Employee will not prevent Employee from obtaining other gainful employment after separating from Company; (e) the provisions of this Section are reasonable and necessary in order to protect Company’s Business; and (f) Employee has consulted with, or been advised by the Company that he should consult with, an independent legal counsel concerning the undertakings of the Employee set forth in, and the provisions of, this Agreement.
