Common use of Acknowledgments by Employee Clause in Contracts

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 be unenforceable, the remaining provisions will nonetheless be enforceable according to their terms. Further, if any provision or subsection is held to be overly broad as written, the Employee agrees that a court should view the above provisions and subsections as separable and uphold those separable provisions and subsections deemed to be reasonable. D. The Employee understands that every provision of this Agreement is severable from each other provision of this Agreement. Therefore, if any provision of this Agreement is held invalid or unenforceable, every other provision of this Agreement will continue to be fully valid and enforceable. In the event that any provision of this Agreement is determined by a court of competent jurisdiction to be void or unenforceable, the Employee and the Company agree that such provision shall be enforced to the extent reasonable under the circumstances and that all other provisions shall be enforceable to the fullest extent permissible by law. The Employee and the Company further agree that, if any court makes such a determination, such court shall have the power to reduce the duration, scope and/or area of such provisions and/or delete specific words and phrases by "blue penciling" and, in its reduced or blue penciled form, such provisions shall then be enforceable as allowed by law.

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, IA 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 be unenforceable, the remaining provisions will nonetheless be enforceable according to their terms. Further, if any provision or subsection is held to be overly broad as written, the Employee agrees that a court should view the above provisions and subsections as separable and uphold those separable provisions and subsections deemed to be reasonable. D. The Employee understands that every provision of this Agreement is severable from each other provision of this Agreement. Therefore, if any provision of this Agreement is held invalid or unenforceable, every other provision of this Agreement will continue to be fully valid and enforceable. In the event that any provision of this Agreement is determined by a court of competent jurisdiction to be void or unenforceable, the Employee and the Company agree that such provision shall be enforced to the extent reasonable under the circumstances and that all other provisions shall be enforceable to the fullest extent permissible by law. The Employee and the Company further agree that, if any court makes such a determination, such court shall have the power to reduce the duration, scope and/or area of such provisions and/or delete specific words and phrases by "blue penciling" and, in its reduced or blue penciled form, such provisions shall then be enforceable as allowed by law.

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 ’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 ’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 ’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 be unenforceable, the remaining provisions will nonetheless be enforceable according to their terms. Further, if any provision or subsection is held to be overly broad as written, the Employee agrees that a court should view the above provisions and subsections as separable and uphold those separable provisions and subsections deemed to be reasonable. D. The Employee understands that every provision of this Agreement is severable from each other provision of this Agreement. Therefore, if any provision of this Agreement is held invalid or unenforceable, every other provision of this Agreement will continue to be fully valid and enforceable. In the event that any provision of this Agreement is determined by a court of competent jurisdiction to be void or unenforceable, the Employee and the Company agree that such provision shall be enforced to the extent reasonable under the circumstances and that all other provisions shall be enforceable to the fullest extent permissible by law. The Employee and the Company further agree that, if any court makes such a determination, such court shall have the power to reduce the duration, scope and/or area of such provisions and/or delete specific words and phrases by "“blue penciling" ” and, in its reduced or blue penciled form, such provisions shall then be enforceable as allowed by law.

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 ’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 or this provision IV by the Employee, the Company's ’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 aboveabove or this provision IV, 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 ’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 payment set forth in Section IA are is made, the Employee shall be entitled to receive 1/24th of 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 be unenforceable, the remaining provisions will nonetheless be enforceable according to their terms. Further, if any provision or subsection is held to be overly broad as written, the Employee agrees that a court should view the above provisions and subsections as separable and uphold those separable provisions and subsections deemed to be reasonable. D. The Employee understands that every provision of this Agreement is severable from each other provision of this Agreement. Therefore, if any provision of this Agreement is held invalid or unenforceable, every other provision of this Agreement will continue to be fully valid and enforceable. In the event that any provision of this Agreement is determined by a court of competent jurisdiction to be void or unenforceable, the Employee and the Company agree that such provision shall be enforced to the extent reasonable under the circumstances and that all other provisions shall be enforceable to the fullest extent permissible by law. The Employee and the Company further agree that, if any court makes such a determination, such court shall have the power to reduce the duration, scope and/or area of such provisions and/or delete specific words and phrases by "“blue penciling" ” and, in its reduced or blue penciled form, such provisions shall then be enforceable as allowed by law.

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 ’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 or this provision IV by the Employee, the Company's ’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 aboveabove or this provision IV, 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 ’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 payment set forth in Section IA are is made, the Employee shall be entitled to receive 1/35th of 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 be unenforceable, the remaining provisions will nonetheless be enforceable according to their terms. Further, if any provision or subsection is held to be overly broad as written, the Employee agrees that a court should view the above provisions and subsections as separable and uphold those separable provisions and subsections deemed to be reasonable. D. The Employee understands that every provision of this Agreement is severable from each other provision of this Agreement. Therefore, if any provision of this Agreement is held invalid or unenforceable, every other provision of this Agreement will continue to be fully valid and enforceable. In the event that any provision of this Agreement is determined by a court of competent jurisdiction to be void or unenforceable, the Employee and the Company agree that such provision shall be enforced to the extent reasonable under the circumstances and that all other provisions shall be enforceable to the fullest extent permissible by law. The Employee and the Company further agree that, if any court makes such a determination, such court shall have the power to reduce the duration, scope and/or area of such provisions and/or delete specific words and phrases by "“blue penciling" ” and, in its reduced or blue penciled form, such provisions shall then be enforceable as allowed by law.

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 or this provision IV 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 aboveabove or this provision IV, 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 be unenforceable, the remaining provisions will nonetheless be enforceable according to their terms. Further, if any provision or subsection is held to be overly broad as written, the Employee agrees that a court should view the above provisions and subsections as separable and uphold those separable provisions and subsections deemed to be reasonable. D. The Employee understands that every provision of this Agreement is severable from each other provision of this Agreement. Therefore, if any provision of this Agreement is held invalid or unenforceable, every other provision of this Agreement will continue to be fully valid and enforceable. In the event that any provision of this Agreement is determined by a court of competent jurisdiction to be void or unenforceable, the Employee and the Company agree that such provision shall be enforced to the extent reasonable under the circumstances and that all other provisions shall be enforceable to the fullest extent permissible by law. The Employee and the Company further agree that, if any court makes such a determination, such court shall have the power to reduce the duration, scope and/or area of such provisions and/or delete specific words and phrases by "blue penciling" and, in its reduced or blue penciled form, such provisions shall then be enforceable as allowed by law.

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 ’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 or this provision IV by the Employee, the Company's ’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 aboveabove or this provision IV, 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 ’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 payment set forth in Section IA are is made, the Employee shall be entitled to receive [1/18th] of 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 be unenforceable, the remaining provisions will nonetheless be enforceable according to their terms. Further, if any provision or subsection is held to be overly broad as written, the Employee agrees that a court should view the above provisions and subsections as separable and uphold those separable provisions and subsections deemed to be reasonable. D. The Employee understands that every provision of this Agreement is severable from each other provision of this Agreement. Therefore, if any provision of this Agreement is held invalid or unenforceable, every other provision of this Agreement will continue to be fully valid and enforceable. In the event that any provision of this Agreement is determined by a court of competent jurisdiction to be void or unenforceable, the Employee and the Company agree that such provision shall be enforced to the extent reasonable under the circumstances and that all other provisions shall be enforceable to the fullest extent permissible by law. The Employee and the Company further agree that, if any court makes such a determination, such court shall have the power to reduce the duration, scope and/or area of such provisions and/or delete specific words and phrases by "“blue penciling" ” and, in its reduced or blue penciled form, such provisions shall then be enforceable as allowed by law.