Common use of Early Resolution Conference Clause in Contracts

Early Resolution Conference. This Agreement is understood to be clear and enforceable as written and is executed by both Parties. However, should Employee later challenge any provision as unclear, unenforceable, or inapplicable to any competitive activity that Employee intends to engage in, Employee will first notify Company in writing and meet with a Company representative and a neutral mediator (if Company elects to retain one at its expense) to discuss resolution of any disputes between the Parties. Employee will provide this notification at least fourteen (14) days before Employee 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 Employee’s right to challenge the reasonable scope, clarity, applicability, or enforceability of the Agreement and its restrictions at a later time. All rights of the Parties will be preserved if the Early Resolution Conference requirement is complied with even if no agreement is reached in the conference.

Appears in 4 contracts

Samples: Employment, Confidentiality and Non Compete Agreement (Elevate Credit, Inc.), Employment, Confidentiality and Non Compete Agreement (Elevate Credit, Inc.), Employment, Confidentiality and Non Compete Agreement (Elevate Credit, Inc.)

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Early Resolution Conference. This Agreement is understood to be clear and enforceable as written and is executed by both Partiesparties on that basis. However, should Employee later challenge any provision as unclear, unenforceable, or inapplicable to any competitive activity that Employee intends to engage in, Employee 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. Employee will provide this notification at least fourteen (14) days before Employee 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 Employee’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 the Parties 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 2 contracts

Samples: Employment Agreement (Eagle Usa Airfreight Inc), Employment Agreement (Eagle Usa Airfreight Inc)

Early Resolution Conference. This Agreement is understood to be clear and enforceable as written and is executed by both Parties. However, should Employee later challenge any provision as unclear, unenforceable, or inapplicable to any competitive activity that Employee intends to engage in, Employee will first notify Company in writing and meet with a Company representative and a neutral mediator (if Company elects to retain one at its expense) to discuss resolution of any disputes between the Parties. Employee will provide this notification at least fourteen (14) days before Employee engages in any activity on in 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 Employee’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 the 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

Samples: Employment, Confidentiality and Non Solicitation Agreement (Elevate Credit, Inc.)

Early Resolution Conference. This Agreement is understood to be clear and enforceable as written and is executed by both Partiesparties on that basis. However, should Employee later challenge any provision as unclear, unenforceable, or inapplicable to any competitive activity that Employee intends to engage in, Employee 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. Employee will provide this notification at least fourteen (14) days before Employee 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 Employee’s 's right to challenge the reasonable scope, clarity, -------------------------------------------------------------------------------- EMPLOYMENT AGREEMENT PAGE 5 RON XXXXXX applicability, or enforceability of the Agreement and its restrictions at a later time. All rights of the Parties 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

Samples: Employment Agreement (Eagle Usa Airfreight Inc)

Early Resolution Conference. This Agreement is understood to be clear and enforceable as written and is executed by both Parties. However, should Employee later challenge any provision as unclear, unenforceable, or inapplicable to any competitive activity that Employee intends to engage in, Employee will first notify Company in writing and meet with a Company representative and a neutral mediator (if Company elects to retain one at its expense) to discuss resolution of any disputes between the Parties. Employee will provide this notification at least fourteen (14) days before Employee 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 Employee’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 the 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

Samples: Employment, Confidentiality and Non Compete Agreement (Elevate Credit, Inc.)

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Early Resolution Conference. This Each of Sections 8 and 9 of this Agreement is understood to be clear and enforceable as written and is executed by both Partiesparties on that basis. However, should Employee Executive determine to later challenge any provision as unclear, unenforceable, unenforceable or inapplicable to any competitive an activity that Employee Executive intends to engage in, Employee 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. Employee Executive will provide this notification at least fourteen (14) days before Employee Executive engages in any activity on behalf of a Competing Business business that is Competitive with the Company or engages in other activity that could foreseeably fall within a questioned restriction. The failure to comply with this requirement shall waive Employee’s parties 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 the Parties 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 1 contract

Samples: Employment Agreement (Deep Down, Inc.)

Early Resolution Conference. This Agreement is understood to be clear and enforceable as written and is executed by both Partiesparties on that basis. However, should Employee later challenge any provision as unclear, unenforceable, or inapplicable to any competitive activity that Employee intends to engage in, Employee will first notify 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. Employee will provide this notification at least fourteen (14) days before Employee 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 Employee’s right to challenge the reasonable scope, clarity, applicability, or enforceability of the Agreement and its restrictions at a later time. All rights of the Parties 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 1 contract

Samples: Non Competition, Non Solicitation and Confidentiality Agreement (Vantiv, Inc.)

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