Common use of Acknowledgments by Executive Clause in Contracts

Acknowledgments by Executive. a. Executive acknowledges that the restrictions placed upon him by Sections 7 and 8 of this Agreement are reasonable given the nature of Executive's position with First Charter, the area in which First Charter markets its products and services, and the consideration provided by First Charter to Executive pursuant to this Agreement. Specifically, Executive acknowledges that the length of the Covenant Not to Compete in Section 8 is reasonable and that the definitions of "Competitive Activity" and "Restricted Territory" are reasonable. b. Executive acknowledges that all of the provisions of the Agreement are fair and necessary to protect the interests of First Charter. Accordingly, Executive agrees not to contest the validity or enforceability of Sections 7 or 8 hereof. c. Executive understands that every provision of this Agreement is severable from each other provision of this Agreement. Therefore, if any provision of this Agreement, including but not limited to all provisions of Sections 7 and 8, 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, Executive and First Charter 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. Executive and First Charter 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. d. Executive understands that his obligations under Sections 7 and 8 of this Agreement will continue whether or not his employment with First Charter is terminated voluntarily or involuntarily, or with or without Cause or Good Reason.

Acknowledgments by Executive. a. A. Executive acknowledges that the restrictions placed upon him by Sections 7 and 8 of this Agreement are reasonable given the nature of Executive's position with First Charter, the area in which First Charter markets its products and services, and the consideration provided by First Charter to Executive pursuant to this Agreement. Specifically, Executive acknowledges that the length of the Covenant Not to Disclose Confidential Information and Covenant Not to Compete in Section Sections 7 and 8 is are reasonable and that the definitions of "Competitive Activity" and "Restricted Territory" are reasonable. b. B. Executive acknowledges that all of the provisions of the Agreement are fair and necessary to protect the interests of First Charter. Accordingly, Executive agrees not to contest the validity or enforceability of Sections 7 or 8 hereof. c. C. Executive understands that every provision of this Agreement is severable from each other provision of this Agreement. Therefore, if any provision of this Agreement, including but not limited to all provisions of Sections 7 and 8, 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, Executive and First Charter 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. Executive and First Charter 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. d. D. Executive understands that his obligations under Sections 7 and 8 of this Agreement will continue whether or not his employment with First Charter is terminated voluntarily or involuntarily, or with or without Cause or Good Reason.

Acknowledgments by Executive. a. Executive acknowledges that the restrictions placed upon him by Sections 7 10 and 8 11 of this Agreement are reasonable given the nature of Executive's ’s position with First CharterFifth Third, the area in which First Charter Fifth Third markets its products and services, and the consideration provided by First Charter Fifth Third to Executive pursuant to this Agreement. Specifically, Executive acknowledges that the length of the Covenant Not to Disclose Confidential Information and Covenant Not to Compete in Section 8 is Sections 10 and 11 are reasonable and that the definitions of "“Competitive Activity" ” and "“Restricted Territory" ” are reasonable. b. Executive acknowledges that all of the provisions of the Agreement are fair and necessary to protect the interests of First CharterFifth Third. Accordingly, Executive agrees not to contest the validity or enforceability of Sections 7 10 or 8 11 hereof. c. Executive understands that every provision of this Agreement is severable from each other provision of this Agreement. Therefore, if any provision of this Agreement, including but not limited to all provisions of Sections 7 10 and 811, 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, Executive and First Charter Fifth Third 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. Executive and First Charter Fifth Third 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. d. Executive understands that his obligations under Sections 7 10 and 8 11 of this Agreement will continue whether or not his employment with First Charter Fifth Third is terminated voluntarily or involuntarily, or with or without Cause or Good Reason.

Acknowledgments by Executive. a. Executive acknowledges that the restrictions placed upon him by Sections 7 and 8 of this Agreement are reasonable given the nature of Executive's ’s position with First Charter, the area in which First Charter markets its products and services, and the consideration provided by First Charter to Executive pursuant to this Agreement. Specifically, Executive acknowledges that the length of the Covenant Not to Disclose Confidential Information and Covenant Not to Compete in Section Sections 7 and 8 is are reasonable and that the definitions of "“Competitive Activity" ” and "“Restricted Territory" ” are reasonable. b. Executive acknowledges that all of the provisions of the Agreement are fair and necessary to protect the interests of First Charter. Accordingly, Executive agrees not to contest the validity or enforceability of Sections 7 or 8 hereof. c. Executive understands that every provision of this Agreement is severable from each other provision of this Agreement. Therefore, if any provision of this Agreement, including but not limited to all provisions of Sections 7 and 8, 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, Executive and First Charter 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. Executive and First Charter 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. d. Executive understands that his obligations under Sections 7 and 8 of this Agreement will continue whether or not his employment with First Charter is terminated voluntarily or involuntarily, or with or without Cause or Good Reason.

Acknowledgments by Executive. a. Executive acknowledges that the restrictions placed upon him by Sections 7 8 and 8 9 of this Agreement are reasonable given the nature of Executive's position with First Charter, the area in which First Charter markets its products and services, and the consideration provided by First Charter to Executive pursuant to this Agreement. Specifically, Executive acknowledges that the length of the Covenant Not to Disclose Confidential Information and Covenant Not to Compete in Section Sections 8 is and 9 are reasonable and that the definitions of "Competitive Activity" and "Restricted Territory" are reasonable. b. Executive acknowledges that all of the provisions of the Agreement are fair and necessary to protect the interests of First Charter. Accordingly, Executive agrees not to contest the validity or enforceability of Sections 7 8 or 8 9 hereof. c. Executive understands that every provision of this Agreement is severable from each other provision of this Agreement. Therefore, if any provision of this Agreement, including but not limited to all provisions of Sections 7 8 and 89, 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, Executive and First Charter 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. Executive and First Charter 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. d. Executive understands that his obligations under Sections 7 8 and 8 9 of this Agreement will continue whether or not his employment with First Charter is terminated voluntarily or involuntarily, or with or without Cause or Good Reason.

Acknowledgments by Executive. a. A. Executive acknowledges that the restrictions placed upon him by Sections 7 and 8 7-11 of this Agreement are reasonable and necessary given the nature of Executive's position his past and current positions with First Charter, the Bank and GBC, the area in which First Charter markets its Charter, the Bank and GBC market their products and services, and the consideration provided by First Charter and the Bank to Executive him pursuant to this AgreementAgreement and the Merger. Specifically, Executive acknowledges that the length of the Covenant Not to Compete in Section 8 is noncompete and nonsolicitation periods are reasonable and that the definitions of "Competitive Activity" , Company Customer and "Restricted Territory" Prohibited Territory are reasonable. b. B. Executive acknowledges that all of the provisions of the Agreement are fair and necessary to protect the interests of First CharterCharter and the Bank. Accordingly, Executive agrees not to contest the validity or enforceability of Sections 7 or 8 7-11 hereof. c. C. Executive understands that every provision of this Agreement is severable from each other provision of this Agreement. Therefore, if any provision of this Agreement, including but not limited to all provisions of Sections 7 and 87-11, 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, Executive and First Charter 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. Executive and First Charter 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. d. D. Executive understands that his obligations under Sections 7 and 8 7-11 of this Agreement will continue whether or not his employment with First Charter under this Agreement is terminated voluntarily or involuntarily, or with or without Cause or Good Reason.

Acknowledgments by Executive. a. Executive acknowledges that the restrictions placed upon him by Sections 7 and 8 7-11 of this Agreement are reasonable and necessary given the nature of Executive's position his past and current positions with First Charter, the Bank and GBC, the area in which First Charter markets its Charter, the Bank and GBC market their products and services, and the consideration provided by First Charter and the Bank to Executive him pursuant to this AgreementAgreement and the Merger. Specifically, Executive acknowledges that the length of the Covenant Not to Compete in Section 8 is noncompete and nonsolicitation periods are reasonable and that the definitions of "Competitive Activity" , Company Customer and "Restricted Territory" Prohibited Territory are reasonable. b. Executive acknowledges that all of the provisions of the Agreement are fair and necessary to protect the interests of First CharterCharter and the Bank. Accordingly, Executive agrees not to contest the validity or enforceability of Sections 7 or 8 7-11 hereof. c. Executive understands that every provision of this Agreement is severable from each other provision of this Agreement. Therefore, if any provision of this Agreement, including but not limited to all provisions of Sections 7 and 87-11, 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, Executive and First Charter 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. Executive and First Charter 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. d. Executive understands that his obligations under Sections 7 and 8 7-11 of this Agreement will continue whether or not his employment with First Charter under this Agreement is terminated voluntarily or involuntarily, or with or without Cause or Good Reason.

Acknowledgments by Executive. a. Executive acknowledges that the restrictions placed upon him by Sections 7 8 and 8 9 of this Agreement are reasonable given the nature of Executive's position with First Charter, the area in which First Charter markets its products and services, and the consideration provided by First Charter to Executive pursuant to this Agreement. Specifically, Executive acknowledges that the length of the Covenant Not to Compete in Section 8 9 is reasonable and that the definitions of "Competitive Activity" and "Restricted Territory" are reasonable. b. Executive acknowledges that all of the provisions of the Agreement are fair and necessary to protect the interests of First Charter. Accordingly, Executive agrees not to contest the validity or enforceability of Sections 7 or 8 hereof. c. Executive understands that every provision of this Agreement is severable from each other provision of this Agreement. Therefore, if any provision of this Agreement, including but not limited to all provisions of Sections 7 8 and 89, 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, Executive and First Charter 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. Executive and First Charter 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. d. Executive understands that his obligations under Sections 7 8 and 8 9 of this Agreement will continue whether or not his employment or consultancy with First Charter is terminated voluntarily or involuntarily, or with or without Cause or Good Reason.

Acknowledgments by Executive. a. Executive acknowledges that the restrictions placed upon him by Sections 7 and 8 of this Agreement are reasonable given the nature of Executive's position with First Charter, the area in which First Charter markets its products and services, and the consideration provided by First Charter to Executive pursuant to this Agreement. Specifically, Executive acknowledges that the length of the Covenant Not to Disclose Confidential Information and Covenant Not to Compete in Section Sections 7 and 8 is are reasonable and that the definitions of "Competitive Activity" and "Restricted Territory" are reasonable. b. Executive acknowledges that all of the provisions of the Agreement are fair and necessary to protect the interests of First Charter. Accordingly, Executive agrees not to contest the validity or enforceability of Sections 7 or 8 hereof. c. Executive understands that every provision of this Agreement is severable from each other provision of this Agreement. Therefore, if any provision of this Agreement, including but not limited to all provisions of Sections 7 and 8, 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, Executive and First Charter 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. Executive and First Charter 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. d. Executive understands that his obligations under Sections 7 and 8 of this Agreement will continue whether or not his employment with First Charter is terminated voluntarily or involuntarily, or with or without Cause or Good Reason.