Common use of Employee’s Representations Clause in Contracts

Employee’s Representations. Employee hereby represents and warrants to the Company that (i) he has entered into this Agreement of his own free will for no consideration other than as referred to herein, (ii) the execution, delivery and performance of this Agreement by Employee does not and will not conflict with, breach, violate or cause a default under any contract, agreement, instrument, order, judgment or decree to which Employee is a party or by which Employee is bound, (iii) Employee is not a party to or bound by any employment, non-competition, confidentiality or other similar agreement with any other Person and (iv) upon the execution and delivery of this Agreement by the Company, this Agreement will be the valid and binding obligation of Employee, enforceable in accordance with its terms. Employee hereby acknowledges and represents that Employee has had the opportunity to consult with independent legal counsel regarding Employee's rights and obligations under this Agreement and that Employee fully understands the terms and conditions contained herein.

Employee’s Representations. Employee hereby represents and warrants to the Company that (i) he has entered into this Agreement of his own free will for no consideration other than as referred to herein, (ii) the execution, delivery and performance of this Agreement by Employee does not and will not conflict with, breach, violate or cause a default under any contract, agreement, instrument, order, judgment or decree to which Employee is a party or by which Employee he or she is bound, (iiiii) except as has been expressly disclosed to the Company prior to the date of this Agreement, Employee is not a party to or bound by any employmentemployment agreement, non-competition, noncompete agreement or confidentiality or other similar agreement with any other Person person or entity (other than the Company or one of its Subsidiaries) and (iviii) upon the execution and delivery of this Agreement by the Company, this Agreement will shall be the valid and binding obligation of Employee, enforceable in accordance with its terms. Employee hereby acknowledges and represents that Employee he or she has consulted with (or has had the an opportunity to consult with with) independent legal counsel regarding Employee's his or her rights and obligations under this Agreement (including, without limitation, the Plan) and that Employee he or she fully understands the terms and conditions contained hereinherein and therein.

Employee’s Representations. The Employee hereby represents and warrants to the Company that (i) he has entered into this Agreement of his own free will for no consideration other than as referred to herein, (ii) the execution, delivery and performance of this Agreement by the Employee does not and will not conflict with, breach, violate or cause a default under any contract, agreement, instrument, order, judgment or decree to which the Employee is a party or by which the Employee is bound, (iii) the Employee is not a party to or bound by any employment, non-competition, confidentiality or other similar agreement with any other Person and (iv) upon the execution and delivery of this Agreement by the Company, this Agreement will be the valid and binding obligation of the Employee, enforceable in accordance with its terms. The Employee hereby acknowledges and represents that the Employee has had the opportunity to consult with independent legal counsel regarding the Employee's ’s rights and obligations under this Agreement and that the Employee fully understands the terms and conditions contained herein.

Employee’s Representations. Employee hereby represents and warrants to the Company that (i) he she has entered into this Agreement of his her own free will for no consideration other than as referred to herein, (ii) the execution, delivery and performance of this Agreement by Employee does not and will not conflict with, breach, violate or cause a default under any contract, agreement, instrument, order, judgment or decree to which Employee is a party or by which Employee is bound, (iii) Employee is not a party to or bound by any employment, non-competition, confidentiality or other similar agreement with any other Person and (iv) upon the execution and delivery of this Agreement by the Company, this Agreement will be the valid and binding obligation of Employee, enforceable in accordance with its terms. Employee hereby acknowledges and represents that Employee has had the opportunity to consult with independent legal counsel regarding Employee's rights and obligations under this Agreement and that Employee fully understands the terms and conditions contained herein.

Employee’s Representations. Employee hereby represents and warrants to the Company that (i) he has entered into this Agreement of his own free will for no consideration other than as referred to herein, (ii) the execution, delivery and performance of this Agreement by the Employee does not and will not conflict with, breach, violate or cause a default under any contract, agreement, instrument, order, judgment or decree to which Employee is a party or by which Employee is bound, (iii) Employee is not a party to or bound by any employment, non-competition, confidentiality or other similar agreement with any other Person and (iv) upon the execution and delivery of this Agreement by the Company, this Agreement will be the valid and binding obligation of Employee, enforceable in accordance with its terms. The Employee hereby acknowledges and represents that Employee has had the opportunity to consult with independent legal counsel regarding Employee's ’s rights and obligations under this Agreement and that the Employee fully understands the terms and conditions contained herein.

Employee’s Representations. Employee hereby represents and warrants to the Company that (i) he has entered into this Agreement of his own free will for no consideration other than as referred to herein, (ii) the execution, delivery and performance of this Agreement by Employee does not and will not conflict with, breach, violate or cause a default under any contract, agreement, instrument, order, judgment or decree to which Employee is a party or by which Employee is bound, (iii) Employee is not a party to or bound by any employment, non-competition, confidentiality or other similar agreement with any other Person and (iv) upon the execution and delivery of this Agreement by the Company, this Agreement will be the valid and binding obligation of Employee, enforceable in accordance with its terms. Employee hereby acknowledges and represents that Employee has had the opportunity to consult with independent legal counsel regarding Employee's ’s rights and obligations under this Agreement and that Employee fully understands the terms and conditions contained herein.

Employee’s Representations. Employee In addition to the acknowledgments set forth in Section 13 of the Plan, employee hereby represents and warrants to the Company that as follows: (i) he has entered into this Agreement of his own free will for no consideration other than as referred to herein, (iia) the execution, delivery and performance of this Agreement by Employee does not and will not conflict with, breach, violate or cause a default under any contract, agreement, instrument, order, judgment or decree to which Employee is a party or by which Employee he or she is bound; (b) except as disclosed to the Company in writing, (iii) Employee is not a party to or bound by any employmentemployment agreement, non-competition, compete agreement or confidentiality or other similar agreement with any other Person and person or entity (ivother than the Company or any of its Affiliates); (c) upon the execution and delivery of this Agreement by the Company, this Agreement will shall be the valid and binding obligation of Employee, enforceable in accordance with its terms. Employee hereby acknowledges and represents that ; and (d) Employee has consulted with (or has had the an opportunity to consult with with) independent legal counsel regarding Employee's his or her rights and obligations under this Agreement (including, without limitation, the Plan) and that Employee he or she fully understands the terms and conditions contained hereinherein and therein.

Employee’s Representations. Employee hereby represents and warrants to the Company that (i) he has entered into this Agreement of his own free will for no consideration other than as referred to herein, (ii) the execution, delivery and performance of this Agreement by Employee does not and will not conflict with, breach, violate or cause a default under any contract, agreement, instrument, order, judgment or decree to which Employee is a party or by which Employee he or she is bound, (iiiii) except for the Avaya restrictive covenants disclosed to the Company, which have been accommodated by Avaya, Employee is not a party to or bound by any employmentemployment agreement, non-competition, noncompete agreement or confidentiality or other similar agreement with any other Person person or entity and (iviii) upon the execution and delivery of this Agreement by the Company, this Agreement will shall be the valid and binding obligation of Employee, enforceable in accordance with its terms. Employee hereby acknowledges and represents that Employee he or she has had the opportunity to consult with independent legal counsel regarding Employee's his or her rights and obligations under this Agreement and that Employee he or she fully understands the terms and conditions contained herein.

Employee’s Representations. Employee hereby represents and warrants to IWH and the Company that (i) he has entered into this Agreement of his own free will for no consideration other than as referred to herein, (ii) the execution, delivery and performance of this Agreement by Employee does not and will not conflict with, breach, violate or cause a default under any contract, agreement, instrument, order, judgment or decree to which Employee is a party or by which Employee is bound, (iii) Employee is not a party to or bound by any employment, non-competition, confidentiality or other similar agreement with any other Person and (iv) upon the execution and delivery of this Agreement by IWH and the Company, this Agreement will be the valid and binding obligation of Employee, enforceable in accordance with its terms. Employee hereby acknowledges and represents that Employee has had the opportunity to consult with independent legal counsel regarding Employee's ’s rights and obligations under this Agreement and that Employee fully understands the terms and conditions contained herein.