Common use of Acknowledgments of the Parties Clause in Contracts

Acknowledgments of the Parties. The parties agree and acknowledge that the restrictions contained in Sections 3 and 4 hereof are reasonable in scope and duration and are necessary to protect the Company. If any provision of Section 3 or 4 as applied to any party or to any circumstance is adjudged by a court to be invalid or unenforceable, the same shall in no way affect any other circumstance or the validity or enforceability of any other provision of this Agreement. If any such provision, or any part thereof, is held to be unenforceable because of the duration of such provision or the area covered thereby, the parties agree that the court making such determination shall have the power to reduce the duration and/or area of such provision, and/or to delete specific words or phrases, and in its reduced form, such provision shall then be enforceable and shall be enforced. It is expressly acknowledged and agreed that the restrictions contained in Sections 3 and 4 shall survive and continue to be in effect, in accordance with the terms hereof, following the expiration or termination for any reason of the Employee's relationship with the Company. The provisions of Sections 3 and 4 shall be construed as an agreement on the part of Employee independent of any other part of this Agreement or any other agreement, and the existence of any claim or cause of action of Employee against the Company whether predicated on this Agreement or otherwise, shall not constitute a defense to the enforcement by the Company of the provisions of Sections 3 or 4.

Acknowledgments of the Parties. The parties agree and acknowledge that the restrictions contained in Sections 3 9 and 4 hereof 10 are reasonable in scope and duration and are necessary to protect the CompanyNTI Companies. If any provision of Section 3 9 or 4 10 as applied to any party or to any circumstance is adjudged by a court to be invalid or unenforceable, the same shall in no way affect any other circumstance or the validity or enforceability of any other provision of this Agreement. If any such provision, or any part thereof, is held to be unenforceable because of the duration of such provision or the area covered thereby, the parties agree that the court making such determination shall have the power to reduce the duration and/or area of such provision, and/or to delete specific words or phrases, and in its reduced form, such provision shall then be enforceable and shall be enforced. It is expressly acknowledged and agreed that the restrictions contained in Sections 3 9 and 4 10 herein shall survive and continue to be in effect, in accordance with the terms hereof, following the expiration or termination for any reason of the EmployeeExecutive's relationship with the Company. The provisions of Sections 3 9 and 4 10 shall be construed as an agreement on the part of Employee Executive independent of any other part of this Agreement or any other agreement, and the existence of any claim or cause of action of Employee Executive against the Company or the NTI Companies, whether predicated on this Agreement or otherwise, shall not constitute a defense to the enforcement by the Company of the provisions of Sections 3 9 or 410.