Common use of Employee Covenants Generally Clause in Contracts

Employee Covenants Generally. (i) The Employee’s covenants as set forth in this Section 7 are from time to time referred to herein as the “Employee Covenants.” If any of the Employee Covenants is finally held to be invalid, illegal or unenforceable (whether in whole or in part), such Employee Covenant shall be deemed modified to the extent, but only to the extent, of such invalidity, illegality or unenforceability and the remaining Employee Covenants shall not be affected thereby; provided, however, that if any of the Employee Covenants is finally held to be invalid, illegal or unenforceable because it exceeds the maximum scope determined to be acceptable to permit such provision to be enforceable, such Employee Covenant will be deemed to be modified to the minimum extent necessary to modify such scope in order to make such provision enforceable hereunder. (ii) The Employee understands that the foregoing restrictions may limit his or her ability to earn a livelihood in a business similar to the business of the Company and its controlled affiliates, but the Employee nevertheless believes that he or she has received and will receive sufficient consideration and other benefits as an employee of the Company and as otherwise provided hereunder to clearly justify such restrictions which, in any event (given his or her education, skills and ability), the Employee does not believe would prevent him or her from otherwise earning a living. The Employee has carefully considered the nature and extent of the restrictions place upon him or her by this Section 7, and hereby acknowledges and agrees that the same are reasonable in time and territory and do not confer a benefit upon the Company disproportionate to the detriment of the Employee.

Employee Covenants Generally. (i) The Employee’s covenants as set forth in this Section 7 16 are from time to time referred to herein as the “Employee Covenants.” If any of the Employee Covenants Covenant is finally held to be invalid, illegal or unenforceable (whether in whole or in part), such Employee Covenant shall be deemed modified to the extent, but only to the extent, of such invalidity, illegality or unenforceability and the remaining Employee Covenants shall not be affected thereby; provided, however, that if any of the Employee Covenants Covenant is finally held to be invalid, illegal or unenforceable because it exceeds the maximum scope determined to be acceptable to permit such provision to be enforceable, such Employee Covenant will shall be deemed to be modified to the minimum extent necessary to modify such scope in order to make such provision enforceable hereunder. (ii) The Employee acknowledges that the Company and its Subsidiaries have (A) expended and will continue to expend substantial amounts of time, money and effort to develop business strategies, employee, customer and other relationships and goodwill to build an effective organization, and (B) a legitimate business interest in and right to protect their confidential information, goodwill and employee, customer and other relationships. (iii) Employee understands that the foregoing restrictions Employee Covenants may limit his or her Employee’s ability to earn a livelihood in a business similar to the business of the Company, and Employee represents that Employee’s experience and capabilities are such that Employee has other opportunities to earn a livelihood. (iv) Employee acknowledges that the Company and its controlled affiliates, but would be irreparably injured by a violation of the Employee nevertheless believes Covenants and that he it is impossible to measure in money the damages that will accrue to the Company by reason of a failure by Employee to comply with the Employee Covenants. Accordingly, if the Company institutes any action or she proceeding to enforce the Employee Covenants, to the extent permitted by applicable law, Employee hereby waives the claim or defense that the Company has received an adequate remedy at law, and will receive sufficient consideration Employee shall not urge in any such action or proceeding the defense that any such remedy exists at law. Furthermore, in addition to other remedies that may be available, the Company shall be entitled (without the necessity of showing economic loss or other actual damage) to specific performance and other benefits as an employee of injunctive relief, without the Company and as otherwise provided hereunder requirement to clearly justify such restrictions whichpost bond, in any event (given his or her education, skills and ability), court of competent jurisdiction for any breach of the Employee does not believe would prevent him or her from otherwise earning a livingCovenants. The Restricted Period shall be tolled during (and shall be deemed automatically extended by) any period during which Employee has carefully considered the nature and extent is in violation of the restrictions place upon him or her by this Section 7, and hereby acknowledges and agrees that the same are reasonable in time and territory and do not confer a benefit upon the Company disproportionate to the detriment of the EmployeeEmployee Covenants.

Employee Covenants Generally. (i) The Employee’s covenants as set forth in this Section 7 16 are from time to time referred to herein as the “Employee Covenants.” If any of the Employee Covenants Covenant is finally held to be invalid, illegal or unenforceable (whether in whole or in part), such Employee Covenant shall be deemed modified to the extent, but only to the extent, of such invalidity, illegality or unenforceability and the remaining Employee Covenants shall not be affected thereby; provided, however, that if any of the Employee Covenants Covenant is finally held to be invalid, illegal or unenforceable because it exceeds the maximum scope determined to be acceptable to permit such provision to be enforceable, such Employee Covenant will shall be deemed to be modified to the minimum extent necessary to modify such scope in order to make such provision enforceable hereunder. (ii) The Employee acknowledges that the Company and its Subsidiaries have (A) expended and will continue to expend substantial amounts of time, money and effort 4858-1584-5899.3 to develop business strategies, employee, customer and other relationships and goodwill to build an effective organization, and (B) a legitimate business interest in and right to protect their confidential information, goodwill and employee, customer and other relationships. (iii) Employee understands that the foregoing restrictions Employee Covenants may limit his or her Employee’s ability to earn a livelihood in a business similar to the business of the Company, and Employee represents that Employee’s experience and capabilities are such that Employee has other opportunities to earn a livelihood. (iv) Employee acknowledges that the Company and its controlled affiliates, but would be irreparably injured by a violation of the Employee nevertheless believes Covenants and that he it is impossible to measure in money the damages that will accrue to the Company by reason of a failure by Employee to comply with the Employee Covenants. Accordingly, if the Company institutes any action or she proceeding to enforce the Employee Covenants, to the extent permitted by applicable law, Employee hereby waives the claim or defense that the Company has received an adequate remedy at law, and will receive sufficient consideration Employee shall not urge in any such action or proceeding the defense that any such remedy exists at law. Furthermore, in addition to other remedies that may be available, the Company shall be entitled (without the necessity of showing economic loss or other actual damage) to specific performance and other benefits as an employee of injunctive relief, without the Company and as otherwise provided hereunder requirement to clearly justify such restrictions whichpost bond, in any event (given his or her education, skills and ability), court of competent jurisdiction for any breach of the Employee does not believe would prevent him or her from otherwise earning a livingCovenants. The Restricted Period shall be tolled during (and shall be deemed automatically extended by) any period during which Employee has carefully considered the nature and extent is in violation of the restrictions place upon him or her by this Section 7, and hereby acknowledges and agrees that the same are reasonable in time and territory and do not confer a benefit upon the Company disproportionate to the detriment of the EmployeeEmployee Covenants.