Continuation of Restrictive Covenants. Employee acknowledges and agrees that during Employee’s tenure at Employer, Employee has been entrusted with confidential and proprietary information relating to Company, its products, business, and marketing and strategic plans. During and solely as a result of Employee’s employment with Employer, Employee has also developed close relationships with Company’s employees, consultants, customers and suppliers and has generally become strongly identified with Employer in the marketplace. In recognition of Company’s legitimate interest in protecting, inter alia, its confidential and proprietary information and business relationships, Employee agrees that Sections 4, 5, 6, and 7 of the Employment Agreement dated ____ remain in full force and effect. [Note: Need to conform paragraph references to final version of Employment Agreement and to any version of Confidentiality/Non-Compete Agreement that Employee executes.] Employee agrees that to the extent that additional consideration is required, the payments and benefits Employee shall receive under Paragraphs 2 of this Agreement are full and adequate consideration for the continued enforcement of the promises contained therein. Employee further agrees that all provisions of the Confidentiality/Non-Compete Agreement, including its restrictions upon competition, are fully enforceable notwithstanding and regardless of the circumstances of Employee's departure from Employer's employment.
Continuation of Restrictive Covenants. Employee acknowledges and agrees that during his tenure at Employer, he has been entrusted with a substantial quantity of proprietary and confidential information relating to Employer, its products, business, and marketing and strategic plans. During and solely as a result of his employment with Employer, Employee has also developed close relationships with Employer’s employees, consultants, customers and suppliers and has generally become strongly identified with Employer in the marketplace. In recognition of Employer’s legitimate interest in protecting its proprietary and confidential information and business relationships, Employee agrees that the terms of the Employment and Noncompetition Agreement dated August [___], 2014, remain in full force and effect. Employee agrees that to the extent that additional consideration is required, the payments and benefits he shall receive under Paragraphs 1 and 2 of this Agreement are full and adequate consideration for the continued enforcement of the promises contained therein. He further agrees that all provisions of the Employment and Noncompetition Agreement, including its restrictions upon competition, are fully enforceable notwithstanding and regardless of the circumstances of Employee’s departure from Employer’s employment.
Continuation of Restrictive Covenants. Your obligations under Articles IV-X of the Employment Agreement shall remain in full force and effect following the date of this Letter Agreement and following the Separation Date, and you agree to continue to abide by such obligations following the Separation Date.
Continuation of Restrictive Covenants. Notwithstanding the expiration of your Employment Agreement on the Expiration Date, you acknowledge and agree that the covenants you made in Sections 6.2 and 6.3 of the Employment Agreement will continue, subject to the following modifications which will become effective immediately:
Continuation of Restrictive Covenants. You hereby expressly acknowledge that the restrictive covenants of non-competition, nonsolicitation of employees and customers and confidentiality set forth in the ENNNI Agreement by which you are bound during the Salary Continuation Period or until such covenants and obligations expire, if at all, pursuant to their terms. In the event you materially breach any of such covenants, the Company’s obligations to make payments pursuant to the provisions of Sections 4 and 5 hereof shall be of no further force and effect and shall immediately cease.
Continuation of Restrictive Covenants. You hereby expressly acknowledge that the restrictive covenants of nonsolicitation of employees and customers and confidentiality set forth in the ENNNI Agreement by which you are bound until such covenants and obligations expire pursuant to their terms. In the event you materially breach any of such covenants, the Company’s obligations to issue the remaining shares of Common Stock under the Waiver and Amendment shall be of no further force and effect and shall immediately cease and, notwithstanding any other provision to the contrary in this Agreement, you shall immediately forfeit any right to any unvested equity awards under the Special Discretionary Equity Bonus evidenced by the Special Discretionary Equity Award Agreement, which unvested awards will be immediately cancelled and forfeited.
Continuation of Restrictive Covenants. You hereby expressly acknowledge that the restrictive covenants of non-competition, nonsolicitation of employees and customers and confidentiality set forth in the ENNNI Agreement by which you are bound during the Salary Continuation Period or until such covenants and obligations expire, if at all, pursuant to their terms. In the event you materially breach any of such covenants, the Company’s obligations to make payments pursuant to the provisions of Sections 4 and 5 hereof shall be of no further force and effect and shall immediately cease and, notwithstanding any other provision to the contrary in this Agreement, you shall immediately forfeit any right to any unvested equity awards under the Special Discretionary Equity Bonus evidenced by the Special Discretionary Equity Award Agreement, which unvested awards will be immediately cancelled and forfeited.
Continuation of Restrictive Covenants. You hereby expressly acknowledge that the restrictive covenants of non-competition, non-solicitation of employees and customers and confidentiality set forth in any of the Equity Award Agreements by which you are bound during the Salary Continuation Period and thereafter shall continue in full force and effect for a period equal to the longer of 24 months following the Termination Date or until such covenants and obligations expire, if at all, pursuant to their terms. In the event you materially breach any of such covenants, the Covanta Companies’ obligations to make payments pursuant to the provisions of Sections 4 and 5 hereof shall be of no further force and effect and shall immediately cease and, notwithstanding any other provision to the contrary in this Agreement or any of the Equity Award Agreements, (x) you shall immediately forfeit any right to exercise any unexercised Options that previously vested pursuant to the terms of this Agreement or any Option Agreement, and (y) any unvested rights under any of the Equity Award Agreements will immediately be cancelled and forfeited.
Continuation of Restrictive Covenants. Notwithstanding Section 5(b) hereof, and in consideration of the Company’s promises under Section 3 of this Agreement, Executive acknowledges and agrees that he remains obligated to comply with the provisions of Section 9 (Non-Disclosure; Non-Competition; and Non-Interference) of the Change-in-Control Agreement, which provisions shall continue to apply, in accordance with their terms, on and after the Separation Date, notwithstanding the cessation of Executive’s employment or the termination of the separation payment provisions of the Change-in-Control Agreement.
Continuation of Restrictive Covenants. Employee acknowledges and agrees that Employee remains subject to the covenants set forth in Sections 5, 6, 7, 8 and 9 of the Employment Agreement.
