Common use of Enforcement of Covenants Clause in Contracts

Enforcement of Covenants. The Executive acknowledges that the Executive has carefully read and considered all the terms and conditions of this Agreement, including without limitation the restraints imposed upon the Executive pursuant to Sections 7 and 8 hereof. The Executive agrees that said restraints are necessary for the reasonable and proper protection of the Company and its Affiliates and that the restraints are reasonable as to the definition of Competitive Business and length of time. The Executive further acknowledges that, were the Executive to breach any of the covenants or agreements contained in Sections 7 or 8 hereof, the damage to the Company could be irreparable. The Executive therefore agrees that the Company, in addition to any other remedies available to it, shall be entitled to preliminary and permanent injunctive relief against any breach or threatened breach by the Executive of any of said covenants or agreements. The parties further agree that in the event that any provision of Section 7 or 8 hereof shall be determined by any Court of competent jurisdiction to be unenforceable by reason of its being extended over too great a time, too large a geographic area or too great a range of activities, such provision shall be deemed to be modified to permit its enforcement to the maximum extent permitted by law.

Appears in 11 contracts

Samples: Employment Agreement (Donnelley Enterprise Solutions Inc), Employment Agreement (Metromail Corp), Employment Agreement (Donnelley Enterprise Solutions Inc)

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Enforcement of Covenants. The Executive acknowledges that the Executive has carefully read and considered all the terms and conditions of this Agreement, including without limitation the restraints imposed upon the Executive pursuant to Sections 7 7, 8 and 8 hereof. The 9, and Executive agrees that said these restraints are necessary for the reasonable and proper protection of the Company and its Affiliates successors and assigns and that each and every one of the restraints are is reasonable as in respect to the definition of Competitive Business and subject matter, length of timetime and geographic area. The Executive further acknowledges that, were the Executive to breach any of the covenants or agreements contained in Sections 7 or Section 7, Section 8 hereof, and/or Section 9 the damage to the Company could would be irreparable. The Executive therefore agrees that the Company, in addition to any other remedies available to it, shall be entitled to preliminary and permanent injunctive relief against any breach or threatened breach by the Executive of any of said the covenants herein, without any requirement to post a bond or agreementssimilar security. The parties Parties further agree that in the event that any provision of Section 7 or 7, Section 8 hereof and/or Section 9 shall be determined by any Court court of competent jurisdiction to be unenforceable by reason of its being extended over too great a time, too large a geographic area or too great a range of activities, such provision shall be deemed to be modified to permit its enforcement to the maximum extent permitted by law.

Appears in 11 contracts

Samples: Employment Agreement (Roth CH v Holdings, Inc.), Employment Agreement (Roth CH v Holdings, Inc.), Employment Agreement (Janover Inc.)

Enforcement of Covenants. The Executive acknowledges that the Executive he has carefully read and considered all the terms and conditions of this Agreement, including without limitation the restraints imposed upon the Executive him pursuant to Sections 6, 7 and 8 hereof. The Executive agrees that said those restraints are necessary for the reasonable and proper protection of the Company and its Affiliates and that each and every one of the restraints are is reasonable as in respect to the definition of Competitive Business and subject matter, length of timetime and geographic area. The Executive further acknowledges that, were the Executive he to breach any of the covenants or agreements contained in Sections 6, 7 or 8 hereof, the damage to the Company could and its Affiliates would be irreparable. The Executive therefore agrees that the Company, in addition to any other remedies available to it, shall be entitled to preliminary and permanent injunctive relief against any breach or threatened breach by the Executive of any of said covenants or agreementscovenants, without having to post bond. The parties further agree that that, in the event that any provision of Section 6, 7 or 8 hereof shall be determined by any Court court of competent jurisdiction to be unenforceable by reason of its being extended over too great a time, too large a geographic area or too great a range of activities, such provision shall be deemed to be modified to permit its enforcement to the maximum extent permitted by law.

Appears in 11 contracts

Samples: Employment Agreement (GigPeak, Inc.), Employment Agreement (GigPeak, Inc.), Employment Agreement (GigPeak, Inc.)

Enforcement of Covenants. The Executive acknowledges that the Executive he has carefully read and considered all the terms and conditions of this Agreement, including without limitation the restraints imposed upon the Executive him pursuant to Sections 7 7, 8 and 8 9 hereof. The Executive agrees that said those restraints are necessary for the reasonable and proper protection of the Company and its Affiliates and that each and every one of the restraints are is reasonable as in respect to the definition of Competitive Business and subject matter, length of timetime and geographic area. The Executive further acknowledges that, were the Executive he to breach any of the covenants or agreements contained in Sections 7 7, 8 or 8 9 hereof, the damage to the Company could and its Affiliates would be irreparable. The Executive therefore agrees that the Company, in addition to any other remedies available to it, shall be entitled to preliminary and permanent injunctive relief against any breach or threatened breach by the Executive of any of said covenants or agreementscovenants, without having to post bond. The parties further agree that that, in the event that any provision of Section 7 7, 8 or 8 9 hereof shall be determined by any Court court of competent jurisdiction to be unenforceable by reason of its being extended over too great a time, too large a geographic area or too great a range of activities, such provision shall be deemed to be modified to permit its enforcement to the maximum extent permitted by law.

Appears in 10 contracts

Samples: Employment Agreement (Easton-Bell Sports, Inc.), Employment Agreement (Easton-Bell Sports, Inc.), And Restated Agreement (Easton-Bell Sports, Inc.)

Enforcement of Covenants. The Executive acknowledges that the Executive he has carefully read and considered all the terms and conditions of this Agreement, including without limitation the restraints imposed upon the Executive him pursuant to Sections 7 9, 10 and 8 11 hereof. The Executive agrees that said restraints are necessary for the reasonable and proper protection of the Company and its Affiliates Subsidiaries and that each and every one of the restraints are is reasonable as in respect to the definition of Competitive Business and subject matter, length of timetime and geographic area. The Executive further acknowledges that, were the Executive he to breach any of the covenants or agreements contained in Sections 7 or 8 9, 10 and 11 hereof, the damage to the Company could would be irreparable. The Executive therefore agrees that the Company, in addition to any other remedies available to it, shall be entitled to preliminary and permanent injunctive relief against any breach or threatened breach by the Executive of any of said covenants or agreementscovenants, without having to post bond. The parties further agree that that, in the event that any provision of Section 7 or 8 Sections 9, 10 and 11 hereof shall be determined by any Court court of competent jurisdiction to be unenforceable by reason of its being extended over too great a time, too large a geographic area or too great a range of activities, such provision shall be deemed to be modified to permit its enforcement to the maximum extent permitted by law.

Appears in 8 contracts

Samples: Employment Agreement (Xerium Technologies Inc), Employment Agreement (Xerium Technologies Inc), Employment Agreement (Xerium Technologies Inc)

Enforcement of Covenants. The Executive acknowledges that the Executive he has carefully read and considered all the terms and conditions of this Agreement, including without limitation the restraints imposed upon the Executive him pursuant to Sections 7 and 8 hereof. The Executive agrees that said restraints are necessary for the reasonable and proper protection of the Company and its Affiliates and that each and every one of the restraints are is reasonable as in respect to the definition of Competitive Business and subject matter, length of timetime and geographic area. The Executive further acknowledges that, were the Executive he to breach any of the covenants or agreements contained in Sections 7 or 8 hereof, the damage to the Company and its Affiliates could be irreparable. The Executive therefore Executive, therefore, agrees that the CompanyCompany and its Affiliates, in addition to any other remedies available to it, shall be entitled to preliminary and permanent injunctive relief against any breach or threatened breach by the Executive of any of said covenants or agreements. The parties further agree that in the event that any provision of Section 7 or 8 hereof shall be determined by any Court court of competent jurisdiction to be unenforceable by reason of its it being extended over too great a time, too large a geographic area or too great a range of activities, such provision shall be deemed to be modified to permit its enforcement to the maximum extent permitted by law.

Appears in 7 contracts

Samples: Employment Agreement (Dominos Inc), Employment Agreement (Dominos Inc), Employment Agreement (Dominos Inc)

Enforcement of Covenants. The Executive acknowledges that the Executive he has carefully read and considered all the terms and conditions of this Agreement, including without limitation the restraints imposed upon the Executive him pursuant to Sections 7 7, 8 and 8 9 hereof. The Executive agrees that said restraints are necessary for the reasonable and proper protection of the Company and its Affiliates and that each and every one of the restraints are is reasonable as in respect to the definition of Competitive Business and subject matter, length of timetime and geographic area. The Executive further acknowledges that, were the Executive he to breach any of the covenants or agreements contained in Sections 7 7, 8 or 8 9 hereof, the damage to the Company could would be irreparable. The Executive therefore agrees that the Company, in addition to any other remedies available to it, shall be entitled to preliminary and permanent injunctive relief against any breach or threatened breach by the Executive of any of said covenants or agreementscovenants, without having to post bond. The parties further agree that that, in the event that any provision of Section 7 7, 8 or 8 9 hereof shall be determined by any Court court of competent jurisdiction to be unenforceable by reason of its being extended over too great a time, too large a geographic area or too great a range of activities, such provision shall be deemed to be modified to permit its enforcement to the maximum extent permitted by law.

Appears in 6 contracts

Samples: Employment Agreement (Amtech Systems Inc), Employment Agreement (Btu International Inc), Employment Agreement (Stanadyne Holdings, Inc.)

Enforcement of Covenants. The Executive acknowledges that the Executive he has carefully read and considered all the terms and conditions of this Agreement, including without limitation the restraints imposed upon the Executive him pursuant to Sections 7 7, 8 and 8 9 hereof. The Executive agrees that said restraints are necessary for the reasonable and proper protection of the Company and its Affiliates subsidiaries and that each and every one of the restraints are is reasonable as in respect to the definition of Competitive Business and subject matter, length of timetime and geographic area. The Executive further acknowledges that, were the Executive he to breach any of the covenants or agreements contained in Sections 7 Section 7, 8 or 8 9 hereof, the damage to the Company could and its subsidiaries would be irreparable. The Executive therefore agrees that the Company, in addition to any other remedies available to it, shall be entitled to preliminary and permanent injunctive relief against any breach or threatened breach by the Executive of any of said covenants or agreementscovenants, without having to post bond. The parties further agree that that, in the event that any provision of Section 7 7, 8 or 8 9 hereof shall be determined by any Court court of competent jurisdiction to be unenforceable by reason of its being extended over too great a time, too large a geographic area or too great a range of activities, such provision shall be deemed to be modified to permit its enforcement to the maximum extent permitted by law.

Appears in 6 contracts

Samples: Executive Employment Agreement (LifeCare Holdings, Inc.), Agreement (LifeCare Holdings, Inc.), Agreement (LifeCare Holdings, Inc.)

Enforcement of Covenants. The Executive acknowledges that the Executive he has carefully read and considered all the terms and conditions of this Agreement, including without limitation the restraints imposed upon the Executive him pursuant to Sections 7 and 8 hereof. The Executive agrees that said restraints are necessary for the reasonable and proper protection of the Company and its Affiliates and that each and every one of the restraints are is reasonable as in respect to the definition of Competitive Business and subject matter, length of timetime and geographic area. The Executive further acknowledges that, were the Executive he to breach any of the covenants or agreements contained in Sections 7 or 8 hereof, the damage to the Company and its Affiliates could be irreparable. The Executive therefore agrees that the CompanyCompany and its Affiliates, in addition to any other remedies available to it, shall be entitled to preliminary and permanent injunctive relief against any breach or threatened breach by the Executive of any of said covenants or agreements. The parties further agree that in the event that any provision of Section 7 or 8 hereof shall be determined by any Court of competent jurisdiction to be unenforceable by reason of its being extended over too great a time, too large a geographic area or too great a range of activities, such provision shall be deemed to be modified to permit its enforcement to the maximum extent permitted by law.

Appears in 6 contracts

Samples: Employment Agreement (Dominos Pizza Inc), Employment Agreement (Dominos Pizza Inc), Employment Agreement (Dominos Pizza Inc)

Enforcement of Covenants. The Executive acknowledges that the Executive he has carefully read and considered all the terms and conditions of this Agreement, including without limitation the restraints imposed upon the Executive him pursuant to Sections 7 and 8 hereofthis Section 6. The Executive agrees that said those restraints are necessary for the reasonable and proper protection of the Company and its Affiliates affiliates and that each and every one of the restraints are is reasonable as in respect to the definition of Competitive Business and subject matter, length of timetime and geographic area. The Executive further acknowledges that, were the Executive he to breach any of the covenants or agreements contained in Sections 7 or 8 hereofthis Section 6, the damage to the Company could and its affiliates would be irreparable. The Executive therefore agrees that the Company, in addition to any other remedies available to it, shall be entitled to preliminary and permanent injunctive relief against any breach or threatened breach by the Executive of any of said covenants or agreementscovenants, without having to post bond. The parties further agree that that, in the event that any provision of this Section 7 or 8 hereof 6 shall be determined by any Court court of competent jurisdiction to be unenforceable by reason of its being extended over too great a time, too large a geographic area or too great a range of activities, such provision shall be deemed to be modified to permit its enforcement to the maximum extent permitted by law.

Appears in 5 contracts

Samples: Employment Agreement (Flir Systems Inc), Executive Employment Agreement (Flir Systems Inc), Executive Employment Agreement (Flir Systems Inc)

Enforcement of Covenants. The Executive acknowledges that the Executive he has carefully read and considered all the terms and conditions of this Agreement, including without limitation the restraints imposed upon the Executive him pursuant to Sections 7 and 8 hereof. The Executive agrees that said restraints are necessary for the reasonable and proper protection of the Company and its Affiliates and that each and every one of the restraints are is reasonable as in respect to the definition of Competitive Business and subject matter, length of timetime and geographic area. The Executive further acknowledges that, were the Executive he to breach any of the covenants or agreements contained in Sections 7 or 8 hereof, the damage to the Company could would be irreparable. The Executive therefore agrees that the Company, in addition to any other remedies available to it, shall be entitled to preliminary and permanent injunctive relief against any breach or threatened breach by the Executive of any of said covenants or agreementscovenants, without having to post bond. The parties further agree that that, in the event that any provision of Section 7 or 8 hereof shall be determined by any Court court of competent jurisdiction to be unenforceable by reason of its being extended over too great a time, too large a geographic area or too great a range of activities, such provision shall be deemed to be modified to permit its enforcement to the maximum extent permitted by law.

Appears in 5 contracts

Samples: Agreement (Antigenics Inc /De/), Agreement (Panther Expedited Services, Inc.), Agreement (Panther Expedited Services, Inc.)

Enforcement of Covenants. The Executive acknowledges that the Executive has carefully read and considered all the terms and conditions of this Agreement, including without limitation the restraints imposed upon the Executive pursuant to Sections 7 7, 8 and 8 hereof9. The Executive agrees that said these restraints are necessary for the reasonable and proper protection of the Company and its Affiliates successors and assigns and that each and every one of the restraints are is reasonable as in respect to the definition of Competitive Business and subject matter, length of timetime and geographic area. The Executive further acknowledges that, were the Executive to breach any of the covenants or agreements contained in Sections 7 or 7, 8 hereofand 9, the damage to the Company could would be irreparable. The Executive therefore agrees that the Company, in addition to any other remedies available to it, shall be entitled to preliminary and permanent injunctive relief against any breach or threatened breach by the Executive of any of said the covenants herein, without any requirement to post a bond or agreementssimilar security. The parties further agree that that, in the event that any provision of Section 7 Sections 7, 8 or 8 hereof 9 shall be determined by any Court court of competent jurisdiction to be unenforceable by reason of its being extended over too great a time, too large a geographic area or too great a range of activities, such provision shall be deemed to be modified to permit its enforcement to the maximum extent permitted by law.

Appears in 5 contracts

Samples: Employment Agreement (STRATA Skin Sciences, Inc.), Employment Agreement (Society Pass Incorporated.), Employment Agreement (Society Pass Incorporated.)

Enforcement of Covenants. The Executive acknowledges that the Executive he/she has carefully read and considered all the terms and conditions of this Agreement, including without limitation the restraints imposed upon the Executive him/her pursuant to Sections 7 and 8 hereof. The Executive agrees that said restraints are necessary for the reasonable and proper protection of the Company and its Affiliates and that each and every one of the restraints are is reasonable as in respect to the definition of Competitive Business and subject matter, length of timetime and geographic area. The Executive further acknowledges that, were the Executive he/she to breach any of the covenants or agreements contained in Sections 7 or 8 hereof, the damage to the Company could would be irreparable. The Executive therefore agrees that the Company, in addition to any other remedies available to it, shall be entitled to preliminary and permanent injunctive relief against any breach or threatened breach by the Executive of any of said covenants or agreementscovenants, without having to post bond. The parties further agree that that, in the event that any provision of Section 7 or 8 hereof shall be determined by any Court court of competent jurisdiction to be unenforceable by reason of its being extended over too great a time, too large a geographic area or too great a range of activities, such provision shall be deemed to be modified to permit its enforcement to the maximum extent permitted by law.

Appears in 4 contracts

Samples: Agreement (Agenus Inc), Agreement (Antigenics Inc /De/), Agreement (Antigenics Inc /De/)

Enforcement of Covenants. The Executive acknowledges that the Executive he has carefully read and considered all the terms and conditions of this Agreement, including without limitation the restraints imposed upon the Executive him pursuant to Sections 7 and 7, 8 and, 9 hereof. The Executive agrees that said restraints are necessary for the reasonable and proper protection of the Company and its Affiliates and that each and every one of the restraints are is reasonable as in respect to the definition of Competitive Business and subject matter, length of timetime and geographic area. The Executive further acknowledges that, were the Executive he to breach any of the covenants or agreements contained in Sections 7 or 7, 8 hereofand 9, the damage to the Company could would be irreparable. The Executive therefore agrees that the Company, in addition to any other remedies available to it, shall be entitled to preliminary and permanent injunctive relief against any breach or threatened breach by the Executive of any of said covenants or agreementscovenants, without having to post bond. The parties further agree that that, in the event that any provision of Section 7 7, 8 or 8 9 hereof shall be determined by any Court court of competent jurisdiction to be unenforceable by reason of its being extended over too great a time, too large a geographic area or too great a range of activities, such provision shall be deemed to be modified to permit its enforcement to the maximum extent permitted by law.

Appears in 4 contracts

Samples: Employment Agreement (Animal Health International, Inc.), Employment Agreement (Animal Health International, Inc.), Employment Agreement (Animal Health International, Inc.)

Enforcement of Covenants. The Executive acknowledges that the Executive she has carefully read and considered all the terms and conditions of this Agreement, including without limitation the restraints imposed upon the Executive her pursuant to Sections 6, 7 and 8 hereof. The Executive agrees that said those restraints are necessary for the reasonable and proper protection of the Company and its Affiliates and that each and every one of the restraints are is reasonable as in respect to the definition of Competitive Business and subject matter, length of timetime and geographic area. The Executive further acknowledges that, were the Executive she to breach any of the covenants or agreements contained in Sections 6, 7 or 8 hereof, the damage to the Company could and its Affiliates would be irreparable. The Executive therefore agrees that the Company, in addition to any other remedies available to it, shall be entitled to preliminary and permanent injunctive relief against any breach or threatened breach by the Executive of any of said covenants or agreementscovenants, without having to post bond. The parties further agree that that, in the event that any provision of Section 6, 7 or 8 hereof shall be determined by any Court court of competent jurisdiction to be unenforceable by reason of its being extended over too great a time, too large a geographic area or too great a range of activities, such provision shall be deemed to be modified to permit its enforcement to the maximum extent permitted by law.

Appears in 4 contracts

Samples: Employment Agreement (GigPeak, Inc.), Employment Agreement (GigOptix, Inc.), Employment Agreement (GigOptix, Inc.)

Enforcement of Covenants. The Executive acknowledges that the Executive he has carefully read and considered all the terms and conditions of this Agreement, including without limitation the restraints imposed upon the Executive him pursuant to Sections 7 7, 8 and 8 9 hereof. The Executive agrees that said restraints are necessary for the reasonable and proper protection of the Company and its Affiliates Subsidiaries and that each and every one of the restraints are is reasonable as in respect to the definition of Competitive Business and subject matter, length of timetime and geographic area. The Executive further acknowledges that, were the Executive he to breach any of the covenants or agreements contained in Sections 7 7, 8 or 8 9 hereof, the damage to the Company could would be irreparable. The Executive therefore agrees that the Company, in addition to any other remedies available to it, shall be entitled to seek preliminary and permanent injunctive relief against any breach or threatened breach by the Executive of any of said covenants or agreementscovenants, without having to post bond. The parties further agree that that, in the event that any provision of Section 7 7, 8 or 8 9 hereof shall be determined by any Court court of competent jurisdiction to be unenforceable by reason of its being extended over too great a time, too large a geographic area or too great a range of activities, such provision shall be deemed to be modified to permit its enforcement to the maximum extent permitted by law.

Appears in 3 contracts

Samples: Employment Agreement (Wild Oats Markets Inc), Agreement (Ben & Jerrys Homemade Inc), Ben & Jerrys Homemade Inc

Enforcement of Covenants. The Executive acknowledges that the Executive He has carefully read and considered all the terms and conditions of this Agreement, including without limitation the restraints imposed upon the Executive her pursuant to Sections 7 7, 8 and 8 9 hereof. The Executive agrees that said those restraints are necessary for the reasonable and proper protection of the Company and its Affiliates and that each and every one of the restraints are is reasonable as in respect to the definition of Competitive Business and subject matter, length of timetime and geographic area. The Executive further acknowledges that, were the Executive He to breach any of the covenants or agreements contained in Sections 7 Section 7, 8 or 8 9 hereof, the damage to the Company could and its Affiliates would be irreparable. The Executive therefore agrees that the Company, in addition to any other remedies available to it, shall be entitled to preliminary and permanent injunctive relief against any breach or threatened breach by the Executive of any of said covenants or agreementscovenants, without having to post bond. The parties further agree that that, in the event that any provision of Section 7 7, 8 or 8 9 hereof shall be determined by any Court court of competent jurisdiction to be unenforceable by reason of its being extended over too great a time, too large a geographic area or too great a range of activities, such provision shall be deemed to be modified to permit its enforcement to the maximum extent permitted by law.

Appears in 3 contracts

Samples: Employment Agreement (Easton-Bell Sports, Inc.), Employment Agreement (Easton-Bell Sports, Inc.), Employment Agreement (Easton-Bell Sports, Inc.)

Enforcement of Covenants. The Executive acknowledges that the Executive has carefully read and considered all the terms and conditions of this Agreement, including without limitation the restraints imposed upon the Executive pursuant to Sections 7 7, 8 and 8 hereof9. The Executive agrees that said these restraints are necessary for the reasonable and proper protection of the Company and its Affiliates successors and assigns and that each and every one of the restraints are is reasonable as in respect to the definition of Competitive Business and subject matter, length of timetime and geographic area. The Executive further acknowledges that, were the Executive to breach any of the covenants or agreements contained in Sections 7 or 7, 8 hereofand 9, the damage to the Company could would be irreparable. The Executive therefore agrees that the Company, in addition to any other remedies available to it, shall be entitled to preliminary and permanent injunctive relief against any proven breach or proven threatened breach by the Executive of any of said the covenants in Sections 7, 8 and 9, without any requirement to post a bond or agreementssimilar security. The parties further agree that that, in the event that any provision of Section 7 Sections 7, 8 or 8 hereof 9 shall be determined by any Court court of competent jurisdiction to be unenforceable by reason of its being extended over too great a time, too large a geographic area or too great a range of activities, such provision shall be deemed to be modified to permit its enforcement to the maximum extent permitted by law.

Appears in 2 contracts

Samples: Employment Agreement (Forge Group, Inc.), Employment Agreement

Enforcement of Covenants. The Executive acknowledges that the Executive he has carefully read and considered all the terms and conditions of this Agreement, including without limitation the restraints imposed upon the Executive him pursuant to Sections 7 7, 8 and 8 9 hereof. The Executive agrees that said restraints are necessary for the reasonable and proper protection of the Company and its Affiliates and that each and every one of the restraints are is reasonable as in respect to the definition of Competitive Business and subject matter, length of timetime and geographic area. The Executive further acknowledges that, were the Executive he to breach any of the covenants or agreements contained in Sections 7 7, 8 or 8 9 hereof, the damage to the Company could and its Affiliates would be irreparable. The Executive therefore agrees that the CompanyCompany and its Affiliates, in addition to any other remedies available to itthem, shall be entitled to preliminary and permanent injunctive relief against any breach or threatened breach by the Executive of any of said covenants or agreementscovenants. The parties further agree that that, in the event that any provision of Section 7 7, 8 or 8 9 hereof shall be determined by any Court court of competent jurisdiction to be unenforceable by reason of its being extended over too great a time, too large a geographic area or too great a range of activities, such provision shall be deemed to be modified to permit its enforcement to the maximum extent permitted by law.

Appears in 2 contracts

Samples: Employment Agreement (Point Therapeutics Inc), Executive Employment Agreement (Point Therapeutics Inc)

Enforcement of Covenants. The Executive acknowledges that the Executive he has carefully read and considered all the terms and conditions of this Agreement, including without limitation the restraints imposed upon the Executive his pursuant to Sections 7 8, 9 and 8 10 hereof. The Executive agrees that said restraints are necessary for the reasonable and proper protection of the Company and its Affiliates Subsidiaries and that each and every one of the restraints are is reasonable as in respect to the definition of Competitive Business and subject matter, length of timetime and geographic area. The Executive further acknowledges that, were the Executive he to breach any of the covenants or agreements contained in Sections 7 or 8 8, 9 and 10 hereof, the damage to the Company could would be irreparable. The Executive therefore agrees that the Company, in addition to any other remedies available to it, shall be entitled to preliminary and permanent injunctive relief against any breach or threatened breach by the Executive of any of said covenants or agreementscovenants, without having to post bond. The parties further agree that that, in the event that any my provision of Section 7 or 8 Sections 8, 9 and 10 hereof shall be determined by any Court court of competent jurisdiction to be unenforceable by reason of its being extended over too great a time, too large a geographic area or too great a range of activities, such provision shall may be deemed “blue penciled” or written by the court to be modified the extent necessary to permit its enforcement render it enforceable to the maximum extent permitted by law.

Appears in 2 contracts

Samples: Employment Agreement (Xerium Technologies Inc), Employment Agreement (Xerium Technologies Inc)

Enforcement of Covenants. The Executive acknowledges that the Executive she has carefully read and considered all the terms and conditions of this Agreement, including without limitation the restraints imposed upon the Executive her pursuant to Sections 7 and 8 hereof. The Executive agrees that said restraints are necessary for the reasonable and proper protection of the Company and its Affiliates and that each and every one of the restraints are is reasonable as in respect to the definition of Competitive Business and subject matter, length of timetime and geographic area. The Executive further acknowledges that, were the Executive she to breach any of the covenants or agreements contained in Sections 7 or 8 hereof, the damage to the Company and its Affiliates could be irreparable. The Executive therefore Executive, therefore, agrees that the CompanyCompany and its Affiliates, in addition to any other remedies available to it, shall be entitled to preliminary and permanent injunctive relief against any breach or threatened breach by the Executive of any of said covenants or agreements. The parties further agree that in the event that any provision of Section 7 or 8 hereof shall be determined by any Court court of competent jurisdiction to be unenforceable by reason of its it being extended over too great a time, too large a geographic area or too great a range of activities, such provision shall be deemed to be modified to permit its enforcement to the maximum extent permitted by law.

Appears in 2 contracts

Samples: Employment Agreement (Dominos Inc), Employment Agreement (Dominos Inc)

Enforcement of Covenants. The Executive acknowledges that the Executive he has carefully read and considered all the terms and conditions of this Agreement, including without limitation the restraints imposed upon the Executive him pursuant to Sections 7 8, 9 and 8 10 hereof. The Executive agrees that said restraints are necessary for the reasonable and proper protection of the Company and its Affiliates Subsidiaries and that each and every one of the restraints are is reasonable as in respect to the definition of Competitive Business and subject matter, length of timetime and geographic area. The Executive further acknowledges that, were the Executive he to breach any of the covenants or agreements contained in Sections 7 or 8 8, 9 and 10 hereof, the damage to the Company could would be irreparable. The Executive therefore agrees that the Company, in addition to any other remedies available to it, shall be entitled to preliminary and permanent injunctive relief against any breach or threatened breach by the Executive of any of said covenants or agreementscovenants, without having to post bond. The parties further agree that that, in the event that any provision of Section 7 or 8 Sections 8, 9 and 10 hereof shall be determined by any Court court of competent jurisdiction to be unenforceable by reason of its being extended over too great a time, too large a geographic area or too great a range of activities, such provision shall be deemed to be modified to permit its enforcement to the maximum extent permitted by law.

Appears in 2 contracts

Samples: Employment Agreement (Xerium Technologies Inc), Employment Agreement (Xerium Technologies Inc)

Enforcement of Covenants. The Executive acknowledges that the Executive he has carefully read and considered all the terms and conditions of this Agreement, including without limitation the restraints imposed upon the Executive him pursuant to Sections 7 7, 8 and 8 9 hereof. The Executive agrees that said those restraints are necessary for the reasonable and proper protection of the Company and its Affiliates and that each and every one of the restraints are is reasonable as in respect to the definition of Competitive Business and subject matter, length of timetime and geographic area. The Executive further acknowledges that, were the Executive he to breach any of the covenants or agreements contained in Sections 7 7, 8 or 8 9 hereof, the damage to the Company could and its Subsidiaries would be irreparable. The Executive therefore agrees that the Company, in addition to any other remedies available to it, shall be entitled to preliminary and permanent injunctive relief against any breach or threatened breach by the Executive of any of said covenants or agreementscovenants, without having to post bond. The parties further agree that that, in the event that any provision of Section 7 7, 8 or 8 9 hereof shall be determined by any Court court of competent jurisdiction to be unenforceable by reason of its being extended over too great a time, too large a geographic area or too great a range of activities, such provision shall be deemed to be modified to permit its enforcement to the maximum extent permitted by law.

Appears in 1 contract

Samples: Agreement (Riddell Bell Holdings, Inc.)

Enforcement of Covenants. The Executive acknowledges that the Executive he has carefully read and considered all the terms and conditions of this Agreement, including without limitation the restraints imposed upon the Executive him pursuant to Sections 7 7, 8 and 8 9 hereof. The Executive agrees that said those restraints are necessary for the reasonable and proper protection of the Company and its Affiliates and that each and every one of the restraints are is reasonable as in respect to the definition of Competitive Business and subject matter, length of timetime and geographic area. The Executive further acknowledges that, were the Executive to that any breach of any of the covenants or agreements contained in Sections 7 7, 8 or 8 hereof, the damage 9 hereof could result in irreparable harm to the Company could be irreparableCompany. The Executive therefore agrees that the Company, in addition to any other remedies available to it, shall be entitled to preliminary and permanent injunctive relief against any breach or threatened breach by the Executive of any of said covenants or agreementscovenants, without having to post bond. The parties further agree that that, in the event that any provision of Section 7 7, 8 or 8 9 hereof shall be determined by any Court a court of competent jurisdiction to be unenforceable by reason of its being extended over too great a time, too large a geographic area or too great a range of activities, such provision shall be deemed to be modified to permit its enforcement to the maximum extent permitted by law.

Appears in 1 contract

Samples: Executive Employment Agreement (FiberTower CORP)

Enforcement of Covenants. The Executive acknowledges that the Executive she has carefully read and considered all the terms and conditions of this Agreement, including without limitation the restraints imposed upon the Executive her pursuant to Sections 7 7, 8 and 8 9 hereof. The Executive agrees that said those restraints are necessary for the reasonable and proper protection of the Company and its Affiliates and that each and every one of the restraints are is reasonable as in respect to the definition of Competitive Business and subject matter, length of timetime and geographic area. The Executive further acknowledges that, were the Executive she to breach any of the covenants or agreements contained in Sections 7 7, 8 or 8 9 hereof, the damage to the Company could and its Affiliates would be irreparable. The Executive therefore agrees that the Company, in addition to any other remedies available to it, shall be entitled to preliminary and permanent injunctive relief against any breach or threatened breach by the Executive of any of said covenants or agreementscovenants, without having to post bond. The parties further agree that that, in the event that any provision of Section 7 7, 8 or 8 9 hereof shall be determined by any Court court of competent jurisdiction to be unenforceable by reason of its being extended over too great a time, too large a geographic area or too great a range of activities, such provision shall be deemed to be modified to permit its enforcement to the maximum extent permitted by law.

Appears in 1 contract

Samples: Employment Agreement (Easton-Bell Sports, Inc.)

Enforcement of Covenants. The Executive acknowledges that the Executive he/she has carefully read and considered all the terms and conditions of this Agreement, including without limitation the restraints imposed upon the Executive him pursuant to Sections 7 and 8 hereof. The Executive agrees that said restraints are necessary for the reasonable and proper protection of the Company and its Affiliates and that each and every one of the restraints are is reasonable as in respect to the definition of Competitive Business and subject matter, length of timetime and geographic area. The Executive further acknowledges that, were the Executive he/she to breach any of the covenants or agreements contained in Sections 7 or 8 hereof, the damage to the Company could would be irreparable. The Executive therefore agrees that the Company, in addition to any other remedies available to it, shall be entitled to preliminary and permanent injunctive relief against any breach or threatened breach by the Executive of any of said covenants or agreementscovenants, without having to post bond. The parties further agree that that, in the event that any provision of Section 7 or 8 hereof shall be determined by any Court court of competent jurisdiction to be unenforceable by reason of its being extended over too great a time, too large a geographic area or too great a range of activities, such provision shall be deemed to be modified to permit its enforcement to the maximum extent permitted by law.

Appears in 1 contract

Samples: Agreement (Antigenics Inc /De/)

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Enforcement of Covenants. The Executive acknowledges that the Executive he has carefully read and considered all the terms and conditions of this Agreement, including without limitation the restraints imposed upon the Executive him pursuant to Sections 7 7, 8 and 8 9 hereof. The Executive agrees that said restraints are necessary for the reasonable and proper protection of the Company and its Affiliates and that each and every one of the restraints are is reasonable as in respect to the definition of Competitive Business and subject matter, length of timetime and geographic area. The Executive further acknowledges that, were the Executive he to breach any of the covenants or agreements contained in Sections 7 Section 7, 8 or 8 9 hereof, the damage to the Company could would be irreparable. The Executive therefore agrees that the Company, in addition to any other remedies available to it, shall be entitled to preliminary and permanent injunctive relief against any breach or threatened breach by the Executive of any of said covenants or agreementscovenants, without having to post bond. The parties further agree that that, in the event that any provision of Section 7 7, 8 or 8 9 hereof shall be determined by any Court court of competent jurisdiction to be unenforceable by reason of its being extended over too great a time, too large a geographic area or too great a range of activities, such provision shall be deemed to be modified to permit its enforcement to the maximum extent permitted by law.

Appears in 1 contract

Samples: Employment Agreement (AGY Holding Corp.)

Enforcement of Covenants. The Executive acknowledges that the Executive he has carefully read and considered all the terms and conditions of this Agreement, including without limitation the restraints imposed upon the Executive his pursuant to Sections 7 and 8 hereof. The Executive agrees that said restraints are necessary for the reasonable and proper protection of the Company and its Affiliates and that each and every one of the restraints are is reasonable as in respect to the definition of Competitive Business and subject matter, length of timetime and geographic area. The Executive further acknowledges that, were the Executive he to breach any of the covenants or agreements contained in Sections 7 or 8 hereof, the damage to the Company and its Affiliates could be irreparable. The Executive therefore Executive, therefore, agrees that the CompanyCompany and its Affiliates, in addition to any other remedies available to it, shall be entitled to preliminary and permanent injunctive relief against any breach or threatened breach by the Executive of any of said covenants or agreements. The parties further agree that in the event that any provision of Section 7 or 8 hereof shall be determined by any Court court of competent jurisdiction to be unenforceable by reason of its it being extended over too great a time, too large a geographic area or too great a range of activities, such provision shall be deemed to be modified to permit its enforcement to the maximum extent permitted by law.

Appears in 1 contract

Samples: Employment Agreement (Dominos Inc)

Enforcement of Covenants. The Executive acknowledges that the Executive he has carefully read and considered all the terms and conditions of this Agreement, including without limitation the restraints imposed upon the Executive his pursuant to Sections 7 8, 9 and 8 10 hereof. The Executive agrees that said restraints are necessary for the reasonable and proper protection of the Company and its Affiliates Subsidiaries and that each and every one of the restraints are is reasonable as in respect to the definition of Competitive Business and subject matter, length of timetime and geographic area. The Executive further acknowledges that, were the Executive he to breach any of the covenants or agreements contained in Sections 7 or 8 8, 9 and 10 hereof, the damage to the Company could would be irreparable. The Executive therefore agrees that the Company, in addition to any other remedies available to it, shall be entitled to preliminary and permanent injunctive relief against any breach or threatened breach by the Executive of any of said covenants or agreementscovenants, without having to post bond. The parties further agree that that, in the event that any provision of Section 7 or 8 Sections 8, 9 and 10 hereof shall be determined by any Court court of competent jurisdiction to be unenforceable by reason of its being extended over too great a time, too large a geographic area or too great a range of activities, such provision shall be deemed to be modified to permit its enforcement to the maximum extent permitted by law.

Appears in 1 contract

Samples: Employment Agreement (Xerium Technologies Inc)

Enforcement of Covenants. The Executive acknowledges that the Executive he has carefully read and considered all the terms and conditions of this Agreement, including without limitation the restraints imposed upon the Executive him pursuant to Sections 7 8, 9 and 8 10 hereof. The Executive agrees that said restraints are necessary for the reasonable and proper protection of the Company and its Affiliates Subsidiaries and that each and every one of the restraints are is reasonable as in respect to the definition of Competitive Business and subject matter, length of timetime and geographic area. The Executive further acknowledges that, were the Executive he to breach any of the covenants or agreements contained in Sections 7 or 8 8, 9 and 10 hereof, the damage to the Company could would be irreparable. The Executive therefore agrees that the Company, in addition to any other remedies available to it, shall be entitled to preliminary and permanent injunctive relief against any breach or threatened breach by the Executive of any of said covenants or agreementscovenants, without having to post bond. The parties further agree that that, in the event that any provision of Section 7 or 8 Sections 8, 9 and 10 hereof shall be determined by any Court court of competent jurisdiction to be unenforceable by reason of its being extended over too great a time, too large a geographic area or too great a range of activities, such provision shall may be deemed “blue penciled” or written by the court to be modified the extent necessary to permit its enforcement render it enforceable to the maximum extent permitted by law.

Appears in 1 contract

Samples: Employment Agreement (Xerium Technologies Inc)

Enforcement of Covenants. The Executive acknowledges that the Executive he has carefully read and considered all the terms and conditions of this Agreement, including without limitation the restraints imposed upon the Executive him pursuant to Sections 7 7, 8 and 8 9 hereof. The Executive agrees that said restraints are necessary for the reasonable and proper protection of the Company and its Affiliates Subsidiaries and that each and every one of the restraints are is reasonable as in respect to the definition of Competitive Business and subject matter, length of timetime and geographic area. The Executive further acknowledges that, were the Executive he to breach any of the covenants or agreements contained in Sections 7 or 7, 8 and 9 hereof, the damage to the Company could would be irreparable. The Executive therefore agrees that the Company, in addition to any other remedies available to it, shall be entitled to preliminary and permanent injunctive relief against any breach or threatened breach by the Executive of any of said covenants or agreementscovenants, without having to post bond. The parties further agree that that, in the event that any provision of Section 7 or Sections 7, 8 and 9 hereof shall be determined by any Court court of competent jurisdiction to be unenforceable by reason of its being extended over too great a time, too large a geographic area or too great a range of activities, such provision shall be deemed to be modified to permit its enforcement to the maximum extent permitted by law.

Appears in 1 contract

Samples: Employment Agreement (Xerium Technologies Inc)

Enforcement of Covenants. The Executive acknowledges that the Executive she has carefully read and considered all the terms and conditions of this Agreement, including without limitation the restraints imposed upon the Executive her pursuant to Sections 7 7, 8 and 8 9 hereof. The Executive agrees that said those restraints are necessary for the reasonable and proper protection of the Company and its Affiliates and that each and every one of the restraints are is reasonable as in respect to the definition of Competitive Business and subject matter, length of timetime and geographic area. The Executive further acknowledges that, were the Executive she to breach any of the covenants or agreements contained in Sections 7 Section 7, 8 or 8 9 hereof, the damage to the Company could and its Affiliates would be irreparable. The Executive therefore agrees that the Company, in addition to any other remedies available to it, shall be entitled to preliminary and permanent injunctive relief against any breach or threatened breach by the Executive of any of said covenants or agreementscovenants, without having to post bond. The parties further agree that that, in the event that any provision of Section 7 7, 8 or 8 9 hereof shall be determined by any Court court of competent jurisdiction to be unenforceable by reason of its being extended over too great a time, too large a geographic area or too great a range of activities, such provision shall be deemed to be modified to permit its enforcement to the maximum extent permitted by law.

Appears in 1 contract

Samples: Employment Agreement (Easton-Bell Sports, Inc.)

Enforcement of Covenants. The Executive acknowledges that the Executive has they have carefully read and considered all the terms and conditions of this Agreement, including without limitation the restraints imposed upon the Executive them pursuant to Sections 6, 7 and 8 hereof. The Executive agrees that said those restraints are necessary for the reasonable and proper protection of the Company and its Affiliates and that each and every one of the restraints are is reasonable as in respect to the definition of Competitive Business and subject matter, length of timetime and geographic area. The Executive further acknowledges that, were the Executive they to breach any of the covenants or agreements contained in Sections 6, 7 or 8 hereof, the damage to the Company could and its Affiliates would be irreparable. The Executive therefore agrees that the Company, in addition to any other remedies available to it, shall be entitled to preliminary and permanent injunctive relief against any breach or threatened breach by the Executive of any of said covenants or agreementscovenants, without having to post bond. The parties further agree that that, in the event that any provision of Section 6, 7 or 8 hereof shall be determined by any Court court of competent jurisdiction to be unenforceable by reason of its being extended over too great a time, too large a geographic area or too great a range of activities, such provision shall be deemed to be modified to permit its enforcement to the maximum extent permitted by law.

Appears in 1 contract

Samples: Employment Agreement (GigOptix, Inc.)

Enforcement of Covenants. The Executive acknowledges that the Executive he has carefully read and considered all the terms and conditions of this Agreement, including without limitation the restraints imposed upon the Executive him pursuant to Sections 7 7, 8 and 8 9 hereof. The Executive agrees that said those restraints are necessary for the reasonable and proper protection of the Company and its Affiliates and that each and every one of the restraints are is reasonable as in respect to the definition of Competitive Business and subject matter, length of timetime and geographic area. The Executive further acknowledges that, were the Executive he to breach any of the covenants or agreements contained in Sections 7 7, 8 or 8 9 hereof, the damage to the Company could and its Affiliates would be irreparable. The Executive therefore agrees that the Company, in addition to any other remedies available to it, shall be entitled to preliminary and permanent injunctive relief against any breach or threatened breach by the Executive of any of said covenants or agreementscovenants, without having to post bond. The parties further agree that that, in the event that any provision of Section 7 Sections 7, 8 or 8 9 hereof shall be determined by any Court court of competent jurisdiction to be unenforceable by reason of its being extended over too great a time, too large a geographic area or too great a range of activities, such provision shall be deemed to be modified to permit its enforcement to the maximum extent permitted by law.

Appears in 1 contract

Samples: Employment Agreement (Easton Sports, Inc.)

Enforcement of Covenants. The Executive acknowledges that the Executive she has carefully read and considered all the terms and conditions of this Agreement, including without limitation the restraints imposed upon the Executive her pursuant to Sections 7 7, 8 and 8 9 hereof. The Executive agrees that said restraints are necessary for the reasonable and proper protection of the Company and its Affiliates and that each and every one of the restraints are is reasonable as in respect to the definition of Competitive Business and subject matter, length of timetime and geographic area. The Executive further acknowledges that, were the Executive she to breach any of the covenants or agreements contained in Sections 7 7, 8 or 8 9 hereof, the damage to the Company could and its Affiliates would be irreparable. The Executive therefore agrees that the CompanyCompany and its Affiliates, in addition to any other remedies available to itthem, shall be entitled to preliminary and permanent injunctive relief against any breach or threatened breach by the Executive of any of said covenants or agreementscovenants. The parties further agree that that, in the event that any provision of Section 7 7, 8 or 8 9 hereof shall be determined by any Court court of competent jurisdiction to be unenforceable by reason of its being extended over too great a time, too large a geographic area or too great a range of activities, such provision shall be deemed to be modified to permit its enforcement to the maximum extent permitted by law.

Appears in 1 contract

Samples: Executive Employment Agreement (Point Therapeutics Inc)

Enforcement of Covenants. The Executive acknowledges that the Executive she has carefully read and considered all the terms and conditions of this Agreement, including without limitation the restraints imposed upon the Executive her pursuant to Sections 7 7, 8 and 8 9 hereof. The Executive agrees that said restraints are necessary for the reasonable and proper protection of the Company and its Affiliates subsidiaries and that each and every one of the restraints are is reasonable as in respect to the definition of Competitive Business and subject matter, length of timetime and geographic area. The Executive further acknowledges that, were the Executive she to breach any of the covenants or agreements contained in Sections 7 Section 7, 8 or 8 9 hereof, the damage to the Company could and its subsidiaries would be irreparable. The Executive therefore agrees that the Company, in addition to any other remedies available to it, shall be entitled to preliminary and permanent injunctive relief against any breach or threatened breach by the Executive of any of said covenants or agreementscovenants, without having to post bond. The parties further agree that that, in the event that any provision of Section 7 7, 8 or 8 9 hereof shall be determined by any Court court of competent jurisdiction to be unenforceable by reason of its being extended over too great a time, too large a geographic area or too great a range of activities, such provision shall be deemed to be modified to permit its enforcement to the maximum extent permitted by law.

Appears in 1 contract

Samples: Agreement (LifeCare Holdings, Inc.)

Enforcement of Covenants. The Executive acknowledges that the Executive he has carefully read and considered all the terms and conditions of this Agreement, including without limitation the restraints imposed upon the Executive him pursuant to Sections 7 7, 8 and 8 hereof9. The Executive agrees that said these restraints are necessary for the reasonable and proper protection of the Company and its Affiliates successors and assigns and that each and every one of the restraints are is reasonable as in respect to the definition of Competitive Business and subject matter, length of timetime and geographic area. The Executive further acknowledges that, were the Executive he to breach any of the covenants or agreements contained in Sections 7 or 7, 8 hereofand 9, the damage to the Company could would be irreparable. The Executive therefore agrees that the Company, in addition to any other remedies available to it, shall be entitled to preliminary and permanent injunctive relief against any breach or threatened breach by the Executive of any of said the covenants herein, without any requirement to post a bond or agreementssimilar security. The parties further agree that that, in the event that any provision of Section 7 Sections 7, 8 or 8 hereof 9 shall be determined by any Court court of competent jurisdiction to be unenforceable by reason of its being extended over too great a time, too large a geographic area or too great a range of activities, such provision shall be deemed to be modified to permit its enforcement to the maximum extent permitted by law.

Appears in 1 contract

Samples: Employment Agreement (Mikros Systems Corp)

Enforcement of Covenants. The Executive acknowledges that the Executive he has carefully read and considered all the terms and conditions of this Agreement, including without limitation the restraints imposed upon the Executive him pursuant to Sections 7 7, 8 and 8 9 hereof. The Executive agrees that said those restraints are necessary for the reasonable and proper protection of the Company and its Affiliates and that each and every one of the restraints are is reasonable as in respect to the definition of Competitive Business and subject matter, length of timetime and geographic area. The Executive further acknowledges that, were the Executive he to breach any of the covenants or agreements contained in Sections 7 7, 8 or 8 9 hereof, the damage to the Company could would be irreparable. The Executive therefore agrees that the Company, in addition to any other remedies available to it, shall be entitled to preliminary and permanent injunctive relief against any breach or threatened breach by the Executive of any of said covenants or agreementscovenants, without having to post bond. The parties further agree that that, in the event that any provision of Section 7 7, 8 or 8 9 hereof shall be determined by any Court a court of competent jurisdiction to be unenforceable by reason of its being extended over too great a time, too large a geographic area or too great a range of activities, such provision shall be deemed to be modified to permit its enforcement to the maximum extent permitted by law.

Appears in 1 contract

Samples: Executive Employment Agreement (First Avenue Networks Inc)

Enforcement of Covenants. The Executive acknowledges that the Executive she has carefully read and considered all the terms and conditions of this Agreement, including without limitation the restraints imposed upon the Executive her pursuant to Sections 7 8, 9 and 8 10 hereof. The Executive agrees that said restraints are necessary for the reasonable and proper protection of the Company and its Affiliates Subsidiaries and that each and every one of the restraints are is reasonable as in respect to the definition of Competitive Business and subject matter, length of timetime and geographic area. The Executive further acknowledges that, were the Executive she to breach any of the covenants or agreements contained in Sections 7 or 8 8, 9 and 10 hereof, the damage to the Company could would be irreparable. The Executive therefore agrees that the Company, in addition to any other remedies available to it, shall be entitled to preliminary and permanent injunctive relief against any breach or threatened breach by the Executive of any of said covenants or agreementscovenants, without having to post bond. The parties further agree that that, in the event that any provision of Section 7 or 8 Sections 8, 9 and 10 hereof shall be determined by any Court court of competent jurisdiction to be unenforceable by reason of its being extended over too great a time, too large a geographic area or too great a range of activities, such provision shall be deemed to be modified to permit its enforcement to the maximum extent permitted by law.

Appears in 1 contract

Samples: Employment Agreement (Xerium Technologies Inc)

Enforcement of Covenants. The Executive acknowledges that the Executive has carefully read and considered all the terms and conditions of this Agreement, including without limitation the restraints imposed upon the Executive pursuant to Sections 7 Section 7, Section 8, and 8 hereof. The Section 9, and Executive agrees that said these restraints are necessary for the reasonable and proper protection of the Company and its Affiliates successors and assigns and that each and every one of the restraints are is reasonable as in respect to the definition of Competitive Business and subject matter, length of timetime and geographic area. The Executive further acknowledges that, were the Executive to breach any of the covenants or agreements contained in Sections 7 or Section 7, Section 8 hereof, and Section 9 the damage to the Company could would be irreparable. The Executive therefore agrees that the Company, in addition to any other remedies available to it, shall be entitled to preliminary and permanent injunctive relief against any breach or threatened breach by the Executive of any of said the covenants herein, without any requirement to post a bond or agreementssimilar security. The parties Parties further agree that in the event that any provision of Section 7 or 8 hereof 7, Section 8, and Section 9 shall be determined by any Court court of competent jurisdiction to be unenforceable by reason of its being extended over too great a time, too large a geographic area or too great a range of activities, such provision shall be deemed to be modified to permit its enforcement to the maximum extent permitted by law.

Appears in 1 contract

Samples: Employment Agreement (Worksport, LTD)

Enforcement of Covenants. The Executive acknowledges that the Executive he has carefully read and considered all the terms and conditions of this Agreement, including without limitation the restraints imposed upon the Executive him pursuant to Sections 7 7, 8, 9 and 8 10 hereof. The Executive agrees that said those restraints are necessary for the reasonable and proper protection of the Company and its Affiliates and that each and every one of the restraints are is reasonable as in respect to the definition of Competitive Business and subject matter, length of timetime and geographic area. The Executive further acknowledges that, were the Executive he to breach any of the covenants or agreements contained in Sections 7 7, 8, 9 or 8 10 hereof, the damage to the Company could would be irreparable. The Executive therefore agrees that the Company, in addition to any other remedies available to it, shall be entitled to preliminary and permanent injunctive relief against any breach or threatened breach by the Executive of any of said covenants or agreementscovenants, without having to post bond. The parties further agree that that, in the event that any provision of Section 7 7, 8, 9 or 8 10 hereof shall be determined by any Court a court of competent jurisdiction to be unenforceable by reason of its being extended over too great a time, too large a geographic area or too great a range of activities, such provision shall be deemed to be modified to permit its enforcement to the maximum extent permitted by law.

Appears in 1 contract

Samples: Executive Employment Agreement (First Avenue Networks Inc)

Enforcement of Covenants. The Executive acknowledges that the Executive he has carefully read and considered all the terms and conditions of this Agreement, including without limitation the restraints imposed upon the Executive him pursuant to Sections 7 7, 8 and 8 9 hereof. The Executive agrees that said restraints are necessary for the reasonable and proper protection of the Company and its Affiliates and that each and every one of the restraints are is reasonable as in respect to the definition of Competitive Business and subject matter, length of timetime and geographic area. The Executive further acknowledges that, were the Executive he to breach any of the covenants or agreements contained in Sections 7 or 7, 8 and 9 hereof, the damage to the Company could would be irreparable. The Executive therefore agrees that the Company, in addition to any other remedies available to it, shall be entitled to preliminary and permanent injunctive relief against any breach or threatened breach by the Executive of any of said covenants or agreementscovenants, without having to post bond. The parties further agree that that, in the event that any provision of Section 7 or Sections 7, 8 and 9 hereof shall be determined by any Court court of competent jurisdiction to be unenforceable by reason of its being extended over too great a time, too large a geographic area or too great a range of activities, such provision shall be deemed to be modified to permit its enforcement to the maximum extent permitted by law.

Appears in 1 contract

Samples: Employment Agreement (LCE AcquisitionSub, Inc.)

Enforcement of Covenants. The Executive acknowledges that the Executive he has carefully read and considered all the terms and conditions of this Agreement, including without limitation the restraints imposed upon the Executive him pursuant to Sections 7 7, 8 and 8 9 hereof. The Executive agrees that said restraints are necessary for the reasonable and proper protection of the Company and its Affiliates and that each and everyone of the restraints are is reasonable as in respect to the definition of Competitive Business and subject matter, length of timetime and geographic area. The Executive further acknowledges that, were the Executive he to breach any of the covenants or agreements contained in Sections 7 7, 8 or 8 9 hereof, the damage to the Company could would be irreparable. The Executive therefore agrees that the Company, in addition to any other remedies available to it, shall be entitled to preliminary and permanent injunctive relief against any breach or threatened breach by the Executive of any of said covenants or agreementscovenants, without having to post bond. The parties further agree that that, in the event that any provision of Section 7 7, 8 or 8 9 hereof shall be determined by any Court court of competent jurisdiction to be unenforceable by reason of its being extended over too great a time, too large a geographic area or too great a range of activities, such provision shall be deemed to be modified to permit its enforcement to the maximum extent permitted by law.

Appears in 1 contract

Samples: Agreement (Katy Industries Inc)

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