Common use of Acknowledgments of the Executive Clause in Contracts

Acknowledgments of the Executive. (a) The Executive hereby acknowledges and agrees that: (i) this Employment Agreement is necessary for the protection of the legitimate business interests of the Company; (ii) the restrictions contained in this Employment Agreement may be enforced in a court of law whether or not the Executive is terminated with or without Cause; (iii) the Executive has no intention of competing with the Company within the limitations set forth above; (iv) the Executive has received adequate and valuable consideration for entering into this Employment Agreement; (v) the Executive’s covenants shall be construed as independent of any other provision in this Employment Agreement and the existence of any claim or cause of action the Executive may have against the Company, whether predicated on this Employment Agreement or not, shall not constitute a defense to the enforcement by the Company of these covenants; and (vi) the execution and delivery of this Employment Agreement is a mandatory condition precedent to the Executive’s receipt of the consideration provided herein. (b) The Executive acknowledges that the Company is engaged in business in India, as well as in other countries and that the marketplace for the Company’s products and services is worldwide. The Executive further covenants and agrees that the length of term and types of activities restrictions (non-competition restrictions) contained in this Employment Agreement are reasonable and necessary to protect the legitimate business interests of the Company because of the scope of the Company’s business. (c) In the event that a court of competent jurisdiction shall determine that one or more of the provisions of Section 7 or 8 are so broad as to be unenforceable, then such provision shall be deemed to be reduced in scope or length, as the case may be, to the extent required to make Section 7 or 8, as applicable, enforceable. If the Executive violates the provisions of Section 7 or 8, the periods described therein shall be extended by that number of days which equals the aggregate of all days during which at any time any such violations occurred. The Executive acknowledges that the offer of employment by iGATE and the compensation payable for entering into this Employment Agreement is sufficient consideration for the Executive’s agreement to the restrictive covenants set forth in Sections 7 and 8.