Early Resolution Conference. This Agreement is understood to be clear and enforceable as written and is executed by both parties on that basis. However, should Executive later challenge any provision as unclear, unenforceable or inapplicable to any competitive activity that Executive intends to engage in, Executive will first notify the Company in writing and meet with a Company representative and a neutral mediator (if the Company elects to retain one at its expense) to discuss resolution of any disputes between the parties. Executive will provide this notification at least fourteen (14) days before Executive engages in any activity on behalf of a Competing Business or engages in other activity that could foreseeably fall within a questioned restriction. The failure to comply with this requirement shall waive Executive’s right to challenge the reasonable scope, clarity, applicability, or enforceability of the Agreement and its restrictions at a later time. All rights of both parties will be preserved if the Early Resolution Conference requirement is complied with even if no agreement is reached in the conference.
Appears in 18 contracts
Samples: Executive Employment Agreement (GameStop Corp.), Executive Employment Agreement (GameStop Corp.), Executive Employment Agreement (GameStop Corp.)
Early Resolution Conference. This Agreement is understood to be clear and enforceable as written and is executed by both parties on that basis. However, should Executive later challenge any provision as unclear, unenforceable or inapplicable to any competitive activity that Executive intends to engage in, Executive will first notify the Company in writing and meet with a Company representative and a neutral mediator (if the Company elects to retain one at its expense) to discuss resolution of any disputes between the parties. Executive will provide this notification at least fourteen (14) days before Executive engages in any activity on behalf of a Competing Business or engages in other activity that could foreseeably fall within a questioned restriction. The failure to comply with this requirement shall waive Executive’s 's right to challenge the reasonable scope, clarity, applicability, or enforceability of the Agreement and its restrictions at a later time. All rights of both parties will be preserved if the Early Resolution Conference requirement is complied with even if no agreement is reached in the conference.
Appears in 3 contracts
Samples: Executive Employment Agreement (Gamestop Corp), Executive Employment Agreement (GameStop Corp.), Executive Employment Agreement (Gamestop Corp)
Early Resolution Conference. This Agreement is understood to be clear and enforceable as written and is executed by both parties on that basis. However, should the Executive later challenge any provision as unclear, unenforceable unenforceable, or inapplicable to any competitive activity that the Executive intends to engage in, the Executive will first notify the Company in writing and meet with a representative of the Company representative and a neutral mediator (if the Company elects to retain one at its expense) to discuss resolution of any disputes between the parties. The Executive will provide this notification at least fourteen (14) days before the Executive engages in any activity on behalf of a Competing Business competing business or engages in other activity that could foreseeably fall within a questioned restriction. The failure to comply with this requirement shall waive the Executive’s right to challenge the reasonable scope, clarity, applicability, or enforceability of the Agreement and its restrictions at a later time. All rights of both parties will be preserved if the Early Resolution Conference this early resolution conference requirement is complied with even if no agreement is reached in the conference.
Appears in 3 contracts
Samples: Executive Employment Agreement (Amx Corp /Tx/), Executive Employment Agreement (Amx Corp /Tx/), Executive Employment Agreement (Amx Corp /Tx/)
Early Resolution Conference. This Agreement is understood to be clear and enforceable as written and is executed by both parties on that basis. However, should Executive later challenge any provision as unclear, unenforceable unenforceable, or inapplicable to any competitive activity that Executive intends to engage in, Executive will first notify the Company in writing and meet with a Company representative and a neutral mediator (if the Company elects to retain one at its expense) to discuss resolution of any disputes between the parties. Executive will provide this notification at least fourteen (14) days before Executive engages in any activity on behalf of a Competing Business competing business or engages in other activity that could foreseeably fall within a questioned restriction. The failure to comply with this requirement shall waive Executive’s right to challenge the reasonable scope, clarity, applicability, or enforceability of the Agreement and its restrictions at a later time. All rights of both parties will be preserved if the Early Resolution Conference early resolution conference requirement is complied with even if no agreement is reached in the conference.
Appears in 3 contracts
Samples: Non Competition, Non Solicitation and Confidentiality Agreement, Non Competition and Confidentiality Agreement, Non Competition, Non Solicitation and Confidentiality Agreement (Vantiv, Inc.)
Early Resolution Conference. This Agreement is understood to be clear and enforceable as written and is executed by both parties on that basis. However, should the Executive later challenge any provision as unclear, unenforceable unenforceable, or inapplicable to any competitive activity that the Executive intends to engage in, the Executive will first notify the Company in writing and meet with a representative of the Company representative and a neutral mediator (if the Company elects to retain one at its expense) to discuss resolution of any disputes between the parties. The Executive will provide this notification at least fourteen (14) days before the Executive engages in any activity on behalf of a Competing Business competing business or engages in other activity that could foreseeably fall within a questioned restriction. The failure to comply with this requirement shall waive the Executive’s 's right to challenge the reasonable scope, clarity, applicability, or enforceability of the Agreement and its restrictions at a later time. All rights of both parties will be preserved if the Early Resolution Conference this early resolution conference requirement is complied with even if no agreement is reached in the conference.
Appears in 3 contracts
Samples: Executive Employment Agreement (Amx Corp /Tx/), Executive Employment Agreement (Amx Corp /Tx/), Executive Employment Agreement (Amx Corp /Tx/)
Early Resolution Conference. This Agreement is understood to be clear and enforceable as written and is executed by both parties Parties on that basis. However, should Executive later challenge any provision as unclear, unenforceable or inapplicable to any competitive activity that Executive intends to engage in, Executive will first notify the Company in writing and meet with a Company representative and a neutral mediator (if the Company elects to retain one at its expense) to discuss resolution of any disputes between the partiesParties. Executive will provide this notification at least fourteen (14) days before Executive engages in any activity on behalf of a Competing Business or engages in other activity that could foreseeably fall within a questioned restriction. The failure to comply with this requirement shall waive Executive’s right to challenge the reasonable scope, clarity, applicability, or enforceability of the Agreement and its restrictions at a later time. All rights of both parties Parties will be preserved if the Early Resolution Conference requirement is complied with even if no agreement is reached in the conference.
Appears in 3 contracts
Samples: Executive Employment Agreement (GameStop Corp.), Executive Employment Agreement (GameStop Corp.), Executive Employment Agreement (GameStop Corp.)
Early Resolution Conference. This Agreement is understood to be clear and enforceable as written and is executed by both parties on that basis. However, should Executive later challenge any provision as unclear, unenforceable or inapplicable to any competitive activity that Executive Executives intends to engage in, Executive will first notify the Company in writing and meet with a Company representative and a neutral mediator (if the Company elects to retain one at its expense) to discuss resolution of any disputes between the parties. Executive will provide this notification at least fourteen (14) days before Executive engages in any activity on behalf of a Competing Business or engages in other activity that could foreseeably fall within a questioned restriction. The failure to comply with this requirement shall waive Executive’s right to challenge the reasonable scope, clarity, applicability, or enforceability of the Agreement and its restrictions at a later time. All rights of both parties will be preserved if the Early Resolution Conference requirement is complied with even if no agreement is reached in the conference.
Appears in 3 contracts
Samples: Executive Employment Agreement (FelCor Lodging Trust Inc), Executive Employment Agreement (FelCor Lodging Trust Inc), Executive Employment Agreement (FelCor Lodging Trust Inc)
Early Resolution Conference. This Agreement is understood to be clear and is intended to be enforceable as written and is executed by both parties on that basis. However, should the Executive determine to later challenge any provision as unclear, unenforceable or inapplicable to any competitive an activity that the Executive intends to engage in, the Executive will first notify the Company in writing and meet with a representative of the Company representative and a neutral mediator (if the Company elects to retain one at its expense) to discuss resolution of any disputes dispute between the partiesparties with respect to such challenge. The Executive will provide this notification at least fourteen (14) days before the Executive engages in any activity on behalf of a Competing Restricted Business or engages in other activity that could foreseeably fall within a questioned restriction. The failure to comply with this requirement shall waive the Executive’s right to challenge the reasonable scope, clarity, applicability, applicability or enforceability of the this Agreement and its restrictions at a later time. All rights of both the parties will be preserved if the Early Resolution Conference early resolution conference requirement is complied with even if no agreement is reached in the conference.
Appears in 2 contracts
Samples: Employment Agreement, Employment Agreement (American Capital Agency Corp)
Early Resolution Conference. This Agreement is understood to be clear and is intended to be enforceable as written and is executed by both parties on that basis. However, should the Executive determine to later challenge any provision as unclear, unenforceable or inapplicable to any competitive an activity that the Executive intends to engage in, the Executive will first notify the Company in writing and meet with a representative of the Company representative and a neutral mediator (if the Company elects to retain one at its expense) to discuss resolution of any disputes dispute between the partiesparties with respect to such challenge. The Executive will provide this notification at least fourteen (14) days before Executive the engages in any activity on behalf of a Competing Restricted Business or engages in other activity that could foreseeably fall within a questioned restriction. The failure to comply with this requirement shall waive the Executive’s right to challenge the reasonable scope, clarity, applicability, applicability or enforceability of the this Agreement and its restrictions at a later time. All rights of both the parties will be preserved if the Early Resolution Conference early resolution conference requirement is complied with even if no agreement is reached in the conference.
Appears in 2 contracts
Samples: Employment Agreement (American Capital Agency Corp), Employment Agreement (American Capital Agency Corp)
Early Resolution Conference. This Agreement is understood to be clear and enforceable as written and is executed by both parties on that basis. However, should Executive later challenge any provision as unclear, unenforceable unenforceable, or inapplicable to any competitive activity that in which Executive intends to engage inengage, Executive will first notify the Company in writing and meet with a Company representative and a neutral mediator (if the Company elects to retain one at its expense) to discuss resolution of any disputes between the parties. Executive will provide this notification at least fourteen (14) 14 days before Executive engages in any activity on behalf of a Competing Business or engages in other activity that could foreseeably fall within a questioned restriction. The failure to comply with this requirement shall waive Executive’s right to challenge the reasonable scope, clarity, applicability, or enforceability of the Agreement and its restrictions at a later time. All If the parties participate in early resolution conference on the terms described above, all rights of both parties will be preserved if the Early Resolution Conference requirement is complied with preserved, even if no agreement is reached in the conference.
Appears in 2 contracts
Samples: Executive Employment Agreement (GameStop Corp.), Executive Employment Agreement (GameStop Corp.)
Early Resolution Conference. This Agreement is understood to be clear and enforceable as written and is executed by both parties on that basis. However, should the Executive later challenge any provision as unclear, unenforceable unenforceable, or inapplicable to any competitive activity that the Executive intends to engage in, the Executive will first notify the Company in writing and meet with a Company representative and a neutral mediator (if the Company elects to retain one at its expense) to discuss resolution of any disputes between the parties. The Executive will provide this notification at least fourteen (14) days before the Executive engages in any activity on behalf of a Competing Business competing business or engages in other activity that could foreseeably fall within a questioned restriction. The failure to comply with this requirement shall waive the Executive’s 's right to challenge the reasonable scope, clarity, applicability, or enforceability of the Agreement and its restrictions at a later time. All rights of both parties will be preserved if the Early Resolution Conference requirement is complied with even if no agreement is reached in the conference.
Appears in 1 contract
Early Resolution Conference. This Agreement is understood to be clear and enforceable as written and is executed by both parties on that basis. However, should the Executive later challenge any provision as unclear, unenforceable unenforceable, or inapplicable to any competitive activity that the Executive intends to engage in, the Executive will first notify the Company in writing and meet with a Company representative and a neutral mediator (if the Company elects to retain one at its expense) to discuss resolution of any disputes between the parties. The Executive will provide this notification at least fourteen (14) days before the Executive engages in any activity on behalf of a Competing Business competing business or engages in other activity that could foreseeably fall within a questioned restriction. The failure to comply with this requirement shall waive the Executive’s 's right to challenge the reasonable scope, clarity, applicability, or enforceability of the Xxxxxxx Xxxxxxx April 8, 2002 Agreement and its restrictions at a later time. All rights of both parties will be preserved if the Early Resolution Conference requirement is complied with even if no agreement is reached in the conference.
Appears in 1 contract
Early Resolution Conference. This Agreement is understood --------------------------- to be clear and enforceable as written and is executed by both parties on that basis. However, should the Executive later challenge any provision as unclear, unenforceable unenforceable, or inapplicable to any competitive activity that the Executive intends to engage in, the Executive will first notify the Company in writing and meet with a Company representative and a neutral mediator (if the Company elects to retain one at its expense) to discuss resolution of any disputes between the parties. The Executive will provide this notification at least fourteen (14) days before the Executive engages in any activity on behalf of a Competing Business competing business or engages in other activity that could foreseeably foreseably fall within a questioned restriction. The failure to comply with this requirement shall waive the Executive’s 's right to challenge the reasonable scope, clarity, applicability, or enforceability of the Agreement and its restrictions at a later time. All rights of both parties will be preserved if the Early Resolution Conference requirement is complied with even if no agreement is reached in the conference.
Appears in 1 contract
Early Resolution Conference. This Agreement is understood --------------------------- to be clear and enforceable as written and is executed by both parties on that basis. However, should the Executive later challenge any provision as unclear, unenforceable unenforceable, or inapplicable to any competitive activity that the Executive intends to engage in, the Executive will first notify the Company in writing and meet with a Company representative and a neutral mediator (if the Company elects to retain one at its expense) to discuss resolution of any disputes between the parties. The Executive will provide this notification at least fourteen (14) days before the Executive engages in any activity on behalf of a Competing Business competing business or engages in other activity that could foreseeably fall within a questioned restriction. The failure to comply with this requirement shall waive the Executive’s 's right to challenge the reasonable scope, clarity, applicability, or enforceability of the Agreement and its restrictions at a later time. All rights tights of both parties will be preserved if the Early Resolution Conference requirement is complied with even if no agreement is reached in the conference.
Appears in 1 contract
Early Resolution Conference. This Agreement is understood to be clear and enforceable as written and is executed by both parties on that basis. However, should the Executive later challenge any provision as unclear, unenforceable unenforceable, or inapplicable to any competitive activity that the Executive intends to engage in, the Executive will first notify the Company in writing and meet with a Company representative and a neutral mediator (if the Company elects to retain one at its expense) to discuss resolution of any disputes between the parties. The Executive will provide this notification at least fourteen (14) days before the Executive engages in any activity on behalf of a Competing Business competing business or engages in other activity that could foreseeably fall within a questioned restriction. The failure to comply with this requirement shall waive the Executive’s right to challenge the reasonable scope, clarity, applicability, or enforceability of the Agreement and its restrictions at a later time. All rights of both parties will be preserved if the Early Resolution Conference requirement requirement, as set out in this Section 4(i), is complied with even if no agreement is reached in the conference.
Appears in 1 contract
Early Resolution Conference. This Agreement is understood to be clear and enforceable as written and is executed by both parties Parties on that basis. However, should Executive later challenge any provision as unclear, unenforceable unenforceable, or inapplicable to any competitive activity that in which Executive intends to engage inengage, Executive will first notify the Company in writing and meet with a Company representative and a neutral mediator (if the Company elects to retain one at its expense) to discuss resolution of any disputes between the partiesParties. Executive will provide this notification at least fourteen (14) 14 days before Executive engages in any activity on behalf of a Competing Business or engages in other activity that could foreseeably fall within a questioned restriction. The failure to comply with this requirement shall waive Executive’s right to challenge the reasonable scope, clarity, applicability, or enforceability of the Agreement and its restrictions at a later time. All If the Parties participate in early resolution conference on the terms described above, all rights of both parties Parties will be preserved if the Early Resolution Conference requirement is complied with preserved, even if no agreement is reached in the conference.
Appears in 1 contract