Common use of Acknowledgments Regarding Restrictive Covenants Clause in Contracts

Acknowledgments Regarding Restrictive Covenants. Each of the Seller Parties agrees and acknowledges that the restrictions contained in Section 4.1 are reasonable in time, geographic area, and scope of prohibited activities and are necessary to protect Buyer after the Effective Time. If any provision of Section 4.1, as applied to any party or to any circumstance, is adjudged by a court to be invalid or unenforceable, the same will in no way affect any other circumstance or the validity or enforceability of the remainder 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 hereto 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. The parties hereto agree and acknowledge that the breach of Section 4.1 will cause irreparable damage to Buyer and upon breach of any provision of Section 4.1, Buyer shall be entitled to injunctive relief, specific performance, or other equitable relief without the requirement to post a bond or other security; provided, however, that the foregoing remedies shall in no way limit any other remedies which Buyer may have (including the right to monetary damages).

Acknowledgments Regarding Restrictive Covenants. Each of the Seller Parties agrees and acknowledges that the restrictions contained in Section 4.1 and Section 4.2 are reasonable in time, geographic area, time and scope of prohibited activities and are necessary to protect the Buyer and Seller after the Effective TimeClosing. If any provision of Section 4.1this Article 4, as applied to any party or to any circumstance, is adjudged by a court to be invalid or unenforceable, the same will in no way affect any other circumstance or the validity or enforceability of the remainder 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 hereto agree that the court making such determination shall have the power to reduce the duration and/or area scope 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. The parties hereto agree Each of Buyer and acknowledge Seller agrees and acknowledges that the breach of Section 4.1 the provisions for its benefit of this Article 4 will cause irreparable damage to Buyer it and upon breach of any such provision of Section 4.1by the other Party, the Buyer or the Seller, as the case may be, shall be entitled to injunctive relief, specific performance, or other equitable relief without the requirement to post a bond or other securityrelief; provided, however, that the foregoing remedies shall in no way limit any other remedies which Buyer or Seller, as the case may be, may have (including the right to monetary damages).

Acknowledgments Regarding Restrictive Covenants. Each of the Seller Parties agrees and acknowledges that the restrictions contained in Section 4.1 4.1, Section 4.2 and Section 4.3 are reasonable in time, geographic area, and scope of prohibited activities and are necessary to protect Buyer the Parties after the Effective Time. If any provision of Section 4.1this Article 4, as applied to any party or to any circumstance, is adjudged by a court to be invalid or unenforceable, the same will in no way affect any other circumstance or the validity or enforceability of the remainder 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 hereto 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. The parties hereto agree and acknowledge that the breach of Section 4.1 the provisions of this Article 4 will cause irreparable damage to Buyer the other Parties and upon breach of any provision of Section 4.1such provision, Buyer the non-breaching party shall be entitled to injunctive relief, specific performance, or other equitable relief without the requirement to post a bond or other securityrelief; provided, however, that the foregoing remedies shall in no way limit any other remedies which Buyer the non-breaching party may have (including the right to monetary damages).

Acknowledgments Regarding Restrictive Covenants. Each of the Seller Parties agrees and acknowledges that the restrictions contained in Section 4.1 5.1 are reasonable in time, geographic area, and scope of prohibited activities and are necessary to protect Buyer the Company, any Subsidiary and XPO after the Effective Time. If any provision of Section 4.15.1, as applied to any party or to any circumstance, is adjudged by a court to be invalid or unenforceable, the same will in no way affect any other circumstance or the validity or enforceability of the remainder 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 hereto 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. The parties hereto Parties agree and acknowledge that the breach of Section 4.1 5.1 will cause irreparable damage to Buyer the Company, any Subsidiary and/or XPO and upon breach of any provision of Section 4.15.1, Buyer the Company, any Subsidiary and/or XPO shall be entitled to injunctive relief, specific performance, or other equitable relief without the requirement to post a bond or other security; provided, however, that the foregoing remedies shall in no way limit any other remedies which Buyer the Company, any Subsidiary and XPO may have (including the right to monetary damages).