Common use of Enforceability of Covenants Clause in Contracts

Enforceability of Covenants. Employee acknowledges that Employer has a present and future expectation of business from and with the Customers. Employee acknowledges the reasonableness of the term, geographical territory, and scope of the covenants set forth in this Section 6, and Employee agrees that Employee will not, in any action, suit or other proceeding, deny the reasonableness of, or assert the unreasonableness of, the premises, consideration or scope of the covenants set forth herein and Employee hereby waives any such defense. Employee further acknowledges that complying with the provisions contained in this Agreement will not preclude Employee from engaging in a lawful profession, trade or business, or from becoming gainfully employed. Employee agrees that Employee’s covenants under this Section 6 are separate and distinct obligations under this Agreement, and the failure or alleged failure of Employer or the Board to perform obligations under any other provisions of this Agreement shall not constitute a defense to the enforceability of Employee’s covenants and obligations under this Section 6. Employee agrees that any breach of any covenant under this Section 6 will result in irreparable damage and injury to Employer and that Employer will be entitled to injunctive relief in any court of competent jurisdiction without the necessity of posting any bond.

Appears in 3 contracts

Samples: Employment Agreement (Standard Microsystems Corp), Employment Agreement (Standard Microsystems Corp), Employment Agreement (Standard Microsystems Corp)

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Enforceability of Covenants. Employee Participant acknowledges that Employer the Company has a present and future expectation of business from and with the CustomersCustomers and Suppliers. Employee Participant acknowledges the reasonableness of the term, geographical territory, and scope of the covenants set forth in this Section 68, and Employee Participant agrees that Employee Participant will not, in any action, suit or other proceeding, deny the reasonableness of, or assert the unreasonableness of, the premises, consideration or scope of the covenants set forth herein and Employee Participant hereby waives any such defense. Employee Participant further acknowledges that complying with the provisions contained in this Agreement will not preclude Employee Participant from engaging in a lawful profession, trade or business, or from becoming gainfully employed. Employee Participant agrees that EmployeeParticipant’s covenants under this Section 6 8 are separate and distinct obligations under this Agreement, and the failure or alleged failure of Employer the Company or the Board to perform obligations under any other provisions of this Agreement shall not constitute a defense to the enforceability of EmployeeParticipant’s covenants and obligations under this Section 68. Employee Participant agrees that any breach of any covenant under this Section 6 8 will result in irreparable damage and injury to Employer the Company and that Employer the Company will be entitled to injunctive relief in any court of competent jurisdiction without the necessity of posting any bond.

Appears in 2 contracts

Samples: Stock Option Grant Agreement (WP Prism Inc.), Stock Option Grant Agreement (WP Prism Inc.)

Enforceability of Covenants. Employee Participant acknowledges that Employer the Company has a present and future expectation of business from and with the CustomersCustomers and Suppliers. Employee Participant acknowledges the reasonableness of the term, geographical territory, and scope of the covenants set forth in this Section 68, and Employee Participant agrees that Employee Participant will not, in any action, suit or other proceeding, deny the reasonableness of, or assert the unreasonableness of, the premises, consideration or scope of the covenants set forth herein and Employee Participant hereby waives any such defense. Employee Participant further acknowledges that complying with the provisions contained in this Agreement will not B+L Equity Plan-officer non CA stock agreement 4 preclude Employee Participant from engaging in a lawful profession, trade or business, or from becoming gainfully employed. Employee Participant agrees that EmployeeParticipant’s covenants under this Section 6 8 are separate and distinct obligations under this Agreement, and the failure or alleged failure of Employer the Company or the Board to perform obligations under any other provisions of this Agreement shall not constitute a defense to the enforceability of EmployeeParticipant’s covenants and obligations under this Section 68. Employee Participant agrees that any breach of any covenant under this Section 6 8 will result in irreparable damage and injury to Employer the Company and that Employer the Company will be entitled to injunctive relief in any court of competent jurisdiction without the necessity of posting any bond.

Appears in 1 contract

Samples: Stock Option Grant Agreement (WP Prism Inc.)

Enforceability of Covenants. Employee The Grantee acknowledges that Employer the Company has a present and future expectation of business from and with the CustomersCustomers and Suppliers. Employee The Grantee acknowledges the reasonableness of the term, geographical territory, and scope of the covenants set forth in this Section 65, and Employee the Grantee agrees that Employee he will not, in any action, suit or other proceeding, deny the reasonableness of, or assert the unreasonableness of, the premises, consideration or scope of the covenants set forth herein and Employee the Grantee hereby waives any such defense. Employee The Grantee further acknowledges that complying with the provisions contained in this Agreement will not preclude Employee the Grantee from engaging in a lawful profession, trade or business, or from becoming gainfully employed. Employee The Grantee agrees that Employee’s his covenants under this Section 6 5 are separate and distinct obligations under this Agreement, and the failure or alleged failure of Employer the Company or the Board to perform obligations under any other provisions of this Agreement shall not constitute a defense to the enforceability of Employeethe Grantee’s covenants and obligations under this Section 65. Employee The Grantee agrees that any breach of any covenant under this Section 6 5 will result in irreparable damage and injury to Employer the Company and that Employer the Company will be entitled to injunctive relief in any court of competent jurisdiction without the necessity of posting any bond.

Appears in 1 contract

Samples: Transformation Grant Agreement (WP Prism Inc.)

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Enforceability of Covenants. Employee acknowledges that Employer has a present and future expectation of business from and with the CustomersCustomers and Suppliers. Employee acknowledges the reasonableness of the term, geographical territory, and scope of the covenants set forth in this Section 6, and Employee agrees that Employee will not, in any action, suit or other proceeding, deny the reasonableness of, or assert the unreasonableness of, the premises, consideration or scope of the covenants set forth herein and Employee hereby waives any such defense. Employee further acknowledges that complying with the provisions contained in this Agreement will not preclude Employee from engaging in a lawful profession, trade or business, or from becoming gainfully employed. Employee agrees that Employee’s covenants under this Section 6 are separate and distinct obligations under this Agreement, and the failure or alleged failure of Employer or the Board to perform obligations under any other provisions of this Agreement shall not constitute a defense to the enforceability of Employee’s covenants and obligations under this Section 6. Employee agrees that any breach of any covenant under this Section 6 will result in irreparable damage and injury to Employer and that Employer will be entitled to injunctive relief in any court of competent jurisdiction without the necessity of posting any bond.

Appears in 1 contract

Samples: Employment Agreement (WP Prism Inc.)

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