Common use of EMPLOYEE'S UNDERSTANDING OF THIS Clause in Contracts

EMPLOYEE'S UNDERSTANDING OF THIS. ARTICLE. Employee hereby represents to the Company that he has read and understands, and agrees to be bound by, the terms of this Article V (including Appendix B hereto). Employee acknowledges that the geographic scope and duration of the covenants contained in Article V Section 3 are the result of arm's-length bargaining and are fair and reasonable in light of (i) the importance of the functions performed by Employee and the length of time it would take the Company to find and train a suitable replacement, (ii) the nature and wide geographic scope of the operations of the Company and its subsidiaries, (iii) Employee's level of control over and contact with the business and operations of the Company and its subsidiaries in a significant number of jurisdictions where same are conducted and (iv) the fact that all facets of the Death Care Business are conducted by the Company and its subsidiaries throughout the geographic area where competition is restricted by this Agreement. It is the desire and intent of the parties that the provisions of this Agreement be enforced to the fullest extent permitted under applicable law, whether now or hereafter in effect and, therefore, to the extent permitted by applicable law, the parties hereto waive any provision of applicable law that would render any provision of this Article V (including Appendix B hereto) invalid or unenforceable.

Appears in 17 contracts

Samples: Employment Agreement (Stewart Enterprises Inc), Employment Agreement (Stewart Enterprises Inc), Employment Agreement (Stewart Enterprises Inc)

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EMPLOYEE'S UNDERSTANDING OF THIS. ARTICLE. Employee hereby represents to the Company that he has read and understands, and agrees to be bound by, the terms of this Article V (including Appendix B hereto)Article. Employee acknowledges that the geographic scope and duration of the covenants contained in Article V Section 3 are the result of arm's-length bargaining and are fair and reasonable in light of (i) the importance of the functions performed by Employee and the length of time it would take the Company to find and train a suitable replacement, (ii) the nature and wide geographic scope of the operations of the Company and its subsidiaries, (iii) Employee's level of control over and contact with the business and operations of the Company and its subsidiaries in a significant number of jurisdictions where same are conducted and (iv) the fact that all facets of the Death Care Business are conducted by the Company and its subsidiaries throughout the geographic area where competition is restricted by this Agreement. It is the desire and intent of the parties that the provisions of this Agreement be enforced to the fullest extent permitted under applicable law, whether now or hereafter in effect and, therefore, to the extent permitted by applicable law, the parties hereto waive any provision of applicable law that would render any provision of this Article V (including Appendix B hereto) invalid or unenforceable.

Appears in 4 contracts

Samples: Employment Agreement (Stewart Enterprises Inc), Employment Agreement (Stewart Enterprises Inc), Employment Agreement (Stewart Enterprises Inc)

EMPLOYEE'S UNDERSTANDING OF THIS. ARTICLE. Employee hereby represents to the Company that he has read and understands, and agrees to be bound by, the terms of this Article V 7 (including Appendix B hereto). Employee acknowledges that the geographic scope and duration of the covenants contained in Article V 7 Section 3 7.3 are the result of arm's-length bargaining and are fair and reasonable in light of (i) the importance of the functions performed by Employee and the length of time it would take the Company to find and train a suitable replacement, (ii) the nature and wide geographic scope of the operations of the Company and its subsidiaries, (iii) Employee's level of control over and contact with the business and operations of the Company and its subsidiaries in a significant number of jurisdictions where same are conducted and (iv) the fact that all facets of the Death Care Business are conducted by the Company and its subsidiaries throughout the geographic area where competition is restricted by this Agreement. It is the desire and intent of the parties that the provisions of this Agreement be enforced to the fullest extent permitted under applicable law, whether now or hereafter in effect and, therefore, to the extent permitted by applicable law, the parties hereto waive any provision of applicable law that would render any provision of this Article V 7 (including Appendix B hereto) invalid or unenforceable.

Appears in 3 contracts

Samples: Employment Agreement (Stewart Enterprises Inc), Employment Agreement (Stewart Enterprises Inc), Employment Agreement (Stewart Enterprises Inc)

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EMPLOYEE'S UNDERSTANDING OF THIS. ARTICLE. Employee hereby represents to the Company that he has read and understands, and agrees to be bound by, the terms of this Article V (including Appendix B hereto). Employee acknowledges that the geographic scope and duration of the covenants contained in Article V Section 3 5.3 are the result of arm's-length bargaining and are fair and reasonable in light of (i) the importance of the functions performed by Employee and the length of time it would take the Company to find and train a suitable replacement, (ii) the nature and wide geographic scope of the operations of the Company and its subsidiaries, (iii) Employee's level of control over and contact with the business and operations of the Company and its subsidiaries in a significant number of jurisdictions where same are conducted and (iv) the fact that all facets of the Death Care Business are conducted by the Company and its subsidiaries throughout the geographic area where competition is restricted by this Agreement. It is the desire and intent of the parties that the provisions of this Agreement be enforced to the fullest extent permitted under applicable law, whether now or hereafter in effect and, therefore, to the extent permitted by applicable law, the parties hereto waive any provision of applicable law that would render any provision of this Article V (including Appendix B hereto) invalid or unenforceable.

Appears in 1 contract

Samples: Employment Agreement (Stewart Enterprises Inc)

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