Common use of Employee’s Acknowledgement Clause in Contracts

Employee’s Acknowledgement. It is the express intention of Employee and Employer to comply with sections 15.50 et seq. of the Texas Business and Commerce Code in effect as of the date of execution hereof. Employee stipulates that the provisions of this Agreement are not oppressive or overly burdensome to Employee and will not prevent Employee from earning an income following termination of this Agreement. Employee warrants and represents that: a. Employee is familiar with non-compete and non- solicitation covenants; b. Employee has discussed or acknowledges the opportunity to discuss the provisions of the non-compete and non-solicitation covenants contained herein with Employee's attorney and has concluded that such provisions (including, without limitation, the right to equitable relief and the length of time provided for herein) are fair, reasonable and just under the circumstances; c. Employee is fully aware of the obligations, limitations and liabilities included in the non-compete and non-solicitation covenants contained in this Agreement; d. The scope of activities covered hereby are substantially similar to those activities to be performed by Employee under this Agreement; e. The twenty-four (24) month non-compete and non- solicitation period is a reasonable restriction, giving consideration to the following factors: (1) Employee and Employer reasonably anticipate that this Agreement, although terminable under certain provisions, will continue in effect for sufficient duration to allow Employee to attain superior bargaining strength and an ability for unfair competition with respect to the customers covered hereby; (2) the duration of the twenty-four (24) month non-compete and non-solicitation period is a reasonably necessary period to allow Employer to restore its position of equivalent bargaining strength and fair competition with respect to those customers covered hereby; and (3) historically, employees of all types have remained with Employee for a duration of longer than the duration of the twenty-four (24) month non-compete and non-solicitation period; and f. The limitations contained in this Agreement with respect to geographic area, duration and scope of activity are reasonable; however, if any court shall determine that the geographic area, duration or scope of activity of any restriction contained in this Agreement is unenforceable, it is the intention of the parties that such restrictive covenants set forth herein shall not thereby be terminated, but shall be deemed amended to the extent required to render such covenants valid and enforceable.

Employee’s Acknowledgement. It is the express intention of Employee and Employer to comply with sections 15.50 et seq. of the Texas Business and Commerce Code in effect as of the date of execution hereof. Employee stipulates that the provisions of this Agreement are not oppressive or overly burdensome to Employee and will not prevent Employee from earning an income following termination of this Agreement. Employee warrants and represents that: a. Employee is familiar with non-compete and non- non-solicitation covenants; b. Employee has discussed or acknowledges the opportunity to discuss the provisions of the non-compete and non-solicitation covenants contained herein with Employee's attorney and has concluded that such provisions (including, without limitation, the right to equitable relief and the length of time provided for herein) are fair, reasonable and just under the circumstances; c. Employee is fully aware of the obligations, limitations and liabilities included in the non-compete and non-solicitation covenants contained in this Agreement; d. The scope of activities covered hereby are substantially similar to those activities to be performed by Employee under this Agreement; e. The twenty-four (24) month non-compete and non- non-solicitation period is a reasonable restriction, giving consideration to the following factors: (1) Employee and Employer reasonably anticipate that this Agreement, although terminable under certain provisions, will continue in effect for sufficient duration to allow Employee to attain superior bargaining strength and an ability for unfair competition with respect to the customers covered hereby; (2) the duration of the twenty-four (24) month non-compete and non-solicitation period is a reasonably necessary period to allow Employer to restore its position of equivalent bargaining strength and fair competition with respect to those customers covered hereby; and (3) historically, employees of all types have remained with Employee for a duration of longer than the duration of the twenty-four (24) month non-compete and non-non- solicitation period; and f. The limitations contained in this Agreement with respect to geographic area, duration and scope of activity are reasonable; however, if any court shall determine that the geographic area, duration or scope of activity of any restriction contained in this Agreement is unenforceable, it is the intention of the parties that such restrictive covenants set forth herein shall not thereby be terminated, but shall be deemed amended to the extent required to render such covenants valid and enforceable.

Employee’s Acknowledgement. It is the express intention of Employee and Employer to comply with sections 15.50 et seq. of the Texas Business and Commerce Code in effect as of the date of execution hereof. Employee stipulates that the provisions of this Agreement are not oppressive or overly burdensome to Employee and will not prevent Employee from earning an income following termination of this Agreement. Employee warrants and represents that: a. Employee is familiar with non-compete and non- non-solicitation covenants; b. Employee has discussed or acknowledges the opportunity to discuss the provisions of the non-compete and non-solicitation covenants contained herein with Employee's attorney and has concluded that such provisions (including, without limitation, the right to equitable relief and the length of time provided for herein) are fair, reasonable and just under the circumstances; c. Employee is fully aware of the obligations, limitations and liabilities included in the non-compete and non-solicitation covenants contained in this Agreement; d. The scope of activities covered hereby are substantially similar to those activities to be performed by Employee under this Agreement; e. The twenty-four (24) month non-compete and non- non-solicitation period is a reasonable restriction, giving consideration to the following factors: (1) Employee and Employer reasonably anticipate that this Agreement, although terminable under certain provisions, will continue in effect for sufficient duration to allow Employee to attain superior bargaining strength and an ability for unfair competition with respect to the customers covered hereby; (2) the duration of the twenty-four (24) month non-compete and non-solicitation period is a reasonably necessary period to allow Employer to restore its position of equivalent bargaining strength and fair competition with respect to those customers covered hereby; and (3) historically, employees of all types have remained with Employee Employer for a duration of longer than the duration of the twenty-four (24) month non-compete and non-solicitation period; and f. The limitations contained in this Agreement with respect to geographic area, duration and scope of activity are reasonable; however, if any court shall determine that the geographic area, duration or scope of activity of any restriction contained in this Agreement is unenforceable, it is the intention of the parties that such restrictive covenants set forth herein shall not thereby be terminated, but shall be deemed amended to the extent required to render such covenants valid and enforceable.

Employee’s Acknowledgement. It is the express intention of Employee and Employer to comply with sections 15.50 et seq. of the Texas Business and Commerce Code in effect as of the date of execution hereof. Employee stipulates that the provisions of this Amended Agreement are not oppressive or overly burdensome to Employee and will not prevent Employee from earning an income following termination of this Amended Agreement. Employee warrants and represents that: a. Employee is familiar with non-compete and non- solicitation covenants; b. Employee has discussed or acknowledges the opportunity to discuss the provisions of the non-compete and non-solicitation covenants contained herein with Employee's attorney and has concluded that such provisions (including, without limitation, the right to equitable relief and the length of time provided for herein) are fair, reasonable and just under the circumstances; c. Employee is fully aware of the obligations, limitations and liabilities included in the non-compete and non-solicitation covenants contained in this Amended Agreement; d. The scope of activities covered hereby are substantially similar to those activities to be performed by Employee under this Amended Agreement; e. The twenty-four (24) month non-compete and non- solicitation period is a reasonable restriction, giving consideration to the following factors: (1) Employee and Employer reasonably anticipate that this Amended Agreement, although terminable under certain provisions, will continue in effect for sufficient duration to allow Employee to attain superior bargaining strength and an ability for unfair competition with respect to the customers covered hereby; (2) the duration of the twenty-four (24) month non-non- compete and non-solicitation period is a reasonably necessary period to allow Employer to restore its position of equivalent bargaining strength and fair competition with respect to those customers covered hereby; and (3) historically, employees of all types have remained with Employee for a duration of longer than the duration of the twenty-four (24) month non-compete and non-non- solicitation period; and f. The limitations contained in this Amended Agreement with respect to geographic area, duration and scope of activity are reasonable; however, if any court shall determine that the geographic area, duration or scope of activity of any restriction contained in this Amended Agreement is unenforceable, it is the intention of the parties that such restrictive covenants set forth herein shall not thereby be terminated, but shall be deemed amended to the extent required to render such covenants valid and enforceable.

Employee’s Acknowledgement. It is the express intention of Employee and Employer to comply with sections 15.50 et seq. of the Texas Business and Commerce Code in effect as of the date of execution hereof. Employee stipulates that the provisions of this Agreement are not oppressive or overly burdensome to Employee and will not prevent Employee from earning an income following termination of this Agreement. Employee warrants and represents that: a. Employee is familiar with non-compete and non- non-solicitation covenants; b. Employee has discussed or acknowledges the opportunity to discuss the provisions of the non-compete and non-solicitation covenants contained herein with Employee's attorney and has concluded that such provisions (including, without limitation, the right to equitable relief and the length of time provided for herein) are fair, reasonable and just under the circumstances; c. Employee is fully aware of the obligations, limitations and liabilities included in the non-compete and non-solicitation covenants contained in this Agreement; d. The scope of activities covered hereby are substantially similar to those activities to be performed by Employee under this Agreement; e. The twenty-four (24) month non-compete and non- non-solicitation period is a reasonable restriction, giving consideration to the following factors: (1) Employee and Employer reasonably anticipate that this Agreement, although terminable under certain provisions, will continue in effect for sufficient duration to allow Employee to attain superior bargaining strength and an ability for unfair competition with respect to the customers covered hereby; (2) the duration of the twenty-four (24) month non-compete and non-solicitation period is a reasonably necessary period to allow Employer to restore its position of equivalent bargaining strength and fair competition with respect to those customers covered hereby; and (3) historically, employees of all types have remained with Employee for a duration of longer than the duration of the twenty-four (24) month non-compete and non-solicitation period; and f. The limitations contained in this Agreement with respect to geographic area, duration and scope of activity are reasonable; however, if any court shall determine that the geographic area, duration or scope of activity of any restriction contained in this Agreement is unenforceable, it is the intention of the parties that such restrictive covenants set forth herein shall not thereby be terminated, but shall be deemed amended to the extent required to render such covenants valid and enforceable.

Employee’s Acknowledgement. It is the express intention of Employee and Employer to comply with sections 15.50 et seq. of the Texas Business and Commerce Code in effect as of the date of execution hereof. Employee stipulates that the provisions of this Amended Agreement are not oppressive or overly burdensome to Employee and will not prevent Employee from earning an income following termination of this Amended Agreement. Employee warrants and represents that: a. Employee is familiar with non-compete and non- non-solicitation covenants; b. Employee has discussed or acknowledges the opportunity to discuss the provisions of the non-compete and non-solicitation covenants contained herein with Employee's attorney and has concluded that such provisions (including, without limitation, the right to equitable relief and the length of time provided for herein) are fair, reasonable and just under the circumstances; c. Employee is fully aware of the obligations, limitations and liabilities included in the non-compete and non-solicitation covenants contained in this Amended Agreement; d. The scope of activities covered hereby are substantially similar to those activities to be performed by Employee under this Amended Agreement; e. The twenty-four (24) month non-compete and non- non-solicitation period is a reasonable restriction, giving consideration to the following factors: (1) Employee and Employer reasonably anticipate that this Amended Agreement, although terminable under certain provisions, will continue in effect for sufficient duration to allow Employee to attain superior bargaining strength and an ability for unfair competition with respect to the customers covered hereby; (2) the duration of the twenty-four (24) month non-compete and non-solicitation period is a reasonably necessary period to allow Employer to restore its position of equivalent bargaining strength and fair competition with respect to those customers covered hereby; and (3) historically, employees of all types have remained with Employee for a duration of longer than the duration of the twenty-four (24) month non-compete and non-solicitation period; and f. The limitations contained in this Amended Agreement with respect to geographic area, duration and scope of activity are reasonable; however, if any court shall determine that the geographic area, duration or scope of activity of any restriction contained in this Amended Agreement is unenforceable, it is the intention of the parties that such restrictive covenants set forth herein shall not thereby be terminated, but shall be deemed amended to the extent required to render such covenants valid and enforceable.

Employee’s Acknowledgement. It is the express intention of Employee and Employer to comply with sections 15.50 et seqET SEQ. of the Texas Business and Commerce Code in effect as of the date of execution hereof. Employee stipulates that the provisions of this Agreement are not oppressive or overly burdensome to Employee and will not prevent Employee from earning an income following termination of this Agreement. Employee warrants and represents that: a. Employee is familiar with non-compete and non- non-solicitation covenants; b. Employee has discussed or acknowledges the opportunity to discuss the provisions of the non-compete and non-solicitation covenants contained herein with Employee's attorney and has concluded that such provisions (including, without limitation, the right to equitable relief and the length of time provided for herein) are fair, reasonable and just under the circumstances; c. Employee is fully aware of the obligations, limitations and liabilities included in the non-compete and non-solicitation covenants contained in this Agreement; d. The scope of activities covered hereby are substantially similar to those activities to be performed by Employee under this Agreement; e. The twenty-four (24) month non-compete and non- non-solicitation period is a reasonable restriction, giving consideration to the following factors: (1) Employee and Employer reasonably anticipate that this Agreement, although terminable under certain provisions, will continue in effect for sufficient duration to allow Employee to attain superior bargaining strength and an ability for unfair competition with respect to the customers covered hereby; (2) the duration of the twenty-four (24) month non-compete and non-solicitation period is a reasonably necessary period to allow Employer to restore its position of equivalent bargaining strength and fair competition with respect to those customers covered hereby; and (3) historically, employees of all types have remained with Employee Employer for a duration of longer than the duration of the twenty-four (24) month non-compete and non-solicitation period; and f. The limitations contained in this Agreement with respect to geographic area, duration and scope of activity are reasonable; however, if any court shall determine that the geographic area, duration or scope of activity of any restriction contained in this Agreement is unenforceable, it is the intention of the parties that such restrictive covenants set forth herein shall not thereby be terminated, but shall be deemed amended to the extent required to render such covenants valid and enforceable.

Employee’s Acknowledgement. It is the express intention of Employee and Employer to comply with sections 15.50 et seq. of the Texas Business and Commerce Code in effect as of the date of execution hereof. Employee stipulates that the provisions of this Agreement are not oppressive or overly burdensome to Employee and will not prevent Employee from earning an income following termination of this Agreement. Employee warrants and represents that: a. Employee is familiar with non-compete and non- non-solicitation covenants; b. Employee has discussed or acknowledges the opportunity to discuss the provisions of the non-compete and non-solicitation covenants contained herein with Employee's attorney and has concluded that such provisions (including, without limitation, the right to equitable relief and the length of time provided for herein) are fair, reasonable and just under the circumstances; c. Employee is fully aware of the obligations, limitations and liabilities included in the non-compete and non-solicitation covenants contained in this Agreement; d. The scope of activities covered hereby are substantially similar to those activities to be performed by Employee under this Agreement; e. The twenty-four (24) month non-compete and non- non-solicitation period is a reasonable restriction, giving consideration to the following factors: (1) Employee and Employer reasonably anticipate that this Agreement, although terminable under certain provisions, will continue in effect for sufficient duration to allow Employee to attain superior bargaining strength and an ability for unfair competition with respect to the customers covered hereby; (2) the duration of the twenty-four (24) month non-compete and non-solicitation period is a reasonably necessary period to allow Employer to restore its position of equivalent bargaining strength and fair competition with respect to those customers covered hereby; and (3) historically, employees of all types have remained with Employee for a duration of longer than the duration of the twenty-twenty- four (24) month non-compete and non-solicitation period; and f. The limitations contained in this Agreement with respect to geographic area, duration and scope of activity are reasonable; however, if any court shall determine that the geographic area, duration or scope of activity of any restriction contained in this Agreement is unenforceable, it is the intention of the parties that such restrictive covenants set forth herein shall not thereby be terminated, but shall be deemed amended to the extent required to render such covenants valid and enforceable.

Employee’s Acknowledgement. It is the express intention of Employee and Employer to comply with sections 15.50 et seq. of the Texas Business and Commerce Code Delaware law in effect as of the date of execution hereof. Employee stipulates that the provisions of this Agreement are not oppressive or overly burdensome to Employee and will not prevent Employee from earning an income following termination of this Agreement. Employee warrants and represents that: a. Employee is familiar with non-solicitation and non-compete and non- solicitation covenants; b. Employee has discussed or acknowledges the opportunity to discuss the provisions of the non-compete solicitation and non-solicitation compete covenants contained herein with Employee's ’s attorney and has concluded that such provisions (including, without limitation, the right to equitable relief and the length of time provided for herein) are fair, reasonable and just under the circumstances; c. Employee is fully aware of the obligations, limitations and liabilities included in the non-compete solicitation and non-solicitation compete covenants contained in this Agreement; d. The scope of activities covered hereby are is substantially similar to those activities to be performed by Employee under this Agreement; e. The twentynon-four (24) month solicitation period and the non-compete and non- solicitation period is a are reasonable restrictionrestrictions, giving consideration to the following factors: : (1) Employee and Employer reasonably anticipate that this Agreement, although terminable under certain provisions, will continue in effect for sufficient duration to allow Employee to attain superior bargaining strength and an ability for unfair competition with respect to the customers covered hereby; and (2) the duration of the twentynon-four (24) month solicitation and non-compete and non-solicitation period periods is a reasonably necessary period to allow Employer to restore its position of equivalent bargaining strength and fair competition with respect to those customers covered hereby; and (3) historically, employees of all types have remained with Employee for a duration of longer than the duration of the twenty-four (24) month non-compete and non-solicitation period; and f. The limitations contained in this Agreement with respect to geographic area, duration and scope of activity are reasonable; however, if any court shall determine that the geographic area, duration or scope of activity of any restriction contained in this Agreement is unenforceable, it is the intention of the parties that such restrictive covenants set forth herein shall not thereby be terminated, but shall be deemed amended to the extent required to render such covenants valid and enforceable.

Employee’s Acknowledgement. It is the express intention of Employee and Employer to comply with sections Sections 15.50 et seq. of the Texas Business and Commerce Code in effect as of the date of execution hereof. Employee stipulates that the provisions of this Agreement are not oppressive or overly burdensome to Employee and will not prevent Employee from earning an income following termination of this Agreement. Employee warrants and represents that: a. Employee is familiar with non-compete and non- non-solicitation covenants; b. Employee has discussed or acknowledges the opportunity to discuss the provisions of the non-compete and non-solicitation covenants contained herein with Employee's attorney and has concluded that such provisions (including, without limitation, the right to equitable relief and the length of time provided for herein) are fair, reasonable and just under the circumstances; c. Employee is fully aware of the obligations, limitations and liabilities included in the non-compete and non-solicitation covenants contained in this Agreement; d. The scope of activities covered hereby are substantially similar to those activities to be performed by Employee under this Agreement; e. The twenty-four (24) month non-compete and non- non-solicitation period is a reasonable restriction, giving consideration to the following factors: (1) Employee and Employer reasonably anticipate that this Agreement, although terminable under certain provisions, will continue in effect for sufficient duration to allow Employee to attain superior bargaining strength and an ability for unfair competition with respect to the customers covered hereby; (2) the duration of the twenty-four (24) month non-compete and non-solicitation period is a reasonably necessary period to allow Employer to restore its position of equivalent bargaining strength and fair competition with respect to those customers covered hereby; and (3) historically, employees of all types have remained with Employee for a duration of longer than the duration of the twenty-twenty- four (24) month non-compete and non-solicitation period; and f. The limitations contained in this Agreement with respect to geographic area, duration and scope of activity are reasonable; however, if any court shall determine that the geographic area, duration or scope of activity of any restriction contained in this Agreement is unenforceable, it is the intention of the parties that such restrictive covenants set forth herein shall not thereby be terminated, but shall be deemed amended to the extent required to render such covenants valid and enforceable.

Employee’s Acknowledgement. It is the express intention of Employee and Employer to comply with sections 15.50 et seq. of the Texas Business and Commerce Code in effect as of the date of execution hereof. Employee stipulates that the provisions of this Amended Agreement are not oppressive or overly burdensome to Employee and will not prevent Employee from earning an income following termination of this Amended Agreement. Employee warrants and represents that: a. Employee is familiar with non-compete and non- non-solicitation covenants; b. Employee has discussed or acknowledges the opportunity to discuss the provisions of the non-compete and non-solicitation covenants contained herein with Employee's attorney and has concluded that such provisions (including, without limitation, the right to equitable relief and the length of time provided for herein) are fair, reasonable and just under the circumstances; c. Employee is fully aware of the obligations, limitations and liabilities included in the non-compete and non-solicitation covenants contained in this Amended Agreement; d. The scope of activities covered hereby are substantially similar to those activities to be performed by Employee under this Amended Agreement; e. The twenty-four (24) month non-compete and non- solicitation period is a reasonable restriction, giving consideration to the following factors: (1) Employee and Employer reasonably anticipate that this Amended Agreement, although terminable under certain provisions, will continue in effect for sufficient duration to allow Employee to attain superior bargaining strength and an ability for unfair competition with respect to the customers covered hereby; (2) the duration of the twenty-four (24) month non-non- compete and non-solicitation period is a reasonably necessary period to allow Employer to restore its position of equivalent bargaining strength and fair competition with respect to those customers covered hereby; and (3) historically, employees of all types have remained with Employee for a duration of longer than the duration of the twenty-four (24) month non-compete and non-non- solicitation period; and f. The limitations contained in this Amended Agreement with respect to geographic area, duration and scope of activity are reasonable; however, if any court shall determine that the geographic area, duration or scope of activity of any restriction contained in this Amended Agreement is unenforceable, it is the intention of the parties that such restrictive covenants set forth herein shall not thereby be terminated, but shall be deemed amended to the extent required to render such covenants valid and enforceable.

Employee’s Acknowledgement. It is the express intention of Employee and Employer to comply with sections 15.50 et seq. of the Texas Business and Commerce Code in effect as of the date of execution hereof. Employee stipulates that the provisions of this Agreement are not oppressive or overly burdensome to Employee and will not prevent Employee from earning an income following termination of this Agreement. Employee warrants and represents that: a. Employee is familiar with non-compete and non- solicitation covenants; b. Employee has discussed or acknowledges the opportunity to discuss the provisions of the non-compete and non-solicitation covenants contained herein with Employee's attorney and has concluded that such provisions (including, without limitation, the right to equitable relief and the length of time provided for herein) are fair, reasonable and just under the circumstances; c. Employee is fully aware of the obligations, limitations and liabilities included in the non-compete and non-solicitation covenants contained in this Agreement; d. The scope of activities covered hereby are substantially similar to those activities to be performed by Employee under this Agreement; e. The twenty-four (24) month non-compete and non- solicitation period is a reasonable restriction, giving consideration to the following factors: (1) Employee and Employer reasonably anticipate that this Agreement, although terminable under certain provisions, will continue in effect for sufficient duration to allow Employee to attain superior bargaining strength and an ability for unfair competition with respect to the customers covered hereby; (2) the duration of the twenty-four (24) month non-compete and non-non- solicitation period is a reasonably necessary period to allow Employer to restore its position of equivalent bargaining strength and fair competition with respect to those customers covered hereby; and (3) historically, employees of all types have remained with Employee for a duration of longer than the duration of the twenty-four (24) month non-compete and non-solicitation period; and f. The limitations contained in this Agreement with respect to geographic area, duration and scope of activity are reasonable; however, if any court shall determine that the geographic area, duration or scope of activity of any restriction contained in this Agreement is unenforceable, it is the intention of the parties that such restrictive covenants set forth herein shall not thereby be terminated, but shall be deemed amended to the extent required to render such covenants valid and enforceable.