Common use of Enforcement of Covenants Clause in Contracts

Enforcement of Covenants. The Executive acknowledges that he/she has carefully read and considered all the terms and conditions of this Agreement, including without limitation the restraints imposed upon his/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 is reasonable in respect to subject matter, length of time and geographic area. The Executive further acknowledges that, were he/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, agrees that the Company 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 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.

Enforcement of Covenants. The Executive acknowledges that he/she he has carefully read and considered all the terms and conditions of this Agreement, including without limitation the restraints imposed upon his/her him pursuant to Sections 7 and 7, 8 and/or 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 is reasonable in respect to subject matter, length of time and geographic area. The Executive further acknowledges that, were he/she he to breach any of the covenants or agreements contained in Sections 7 or 7, 8 and/or 9 hereof, the damage to the Company and its Affiliates could would be irreparable. The Executive, therefore, Executive therefore agrees that the Company and its AffiliatesCompany, 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/or 9 hereof shall be determined by any court of competent jurisdiction to be unenforceable by reason of it 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.

Enforcement of Covenants. The Executive acknowledges that he/she he has carefully read and considered all the terms and conditions of this Agreement, including without limitation the restraints imposed upon his/her him pursuant to Sections 7 1.4 and 8 1.5 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 is reasonable in respect to subject matter, length of time and geographic area. The Executive further acknowledges that, were he/she he to breach any of the covenants or agreements contained in Sections 7 or 8 1.4 and 1.5 hereof, the damage to the Company and its Affiliates could would be irreparable. The Executive, therefore, Executive therefore agrees that the Company and its AffiliatesCompany, 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 1.4 or 8 1.5 hereof shall be determined by any court of competent jurisdiction to be unenforceable by reason of it 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.

Enforcement of Covenants. The Executive acknowledges that he/she he has carefully read and considered all the terms and conditions of this Agreement, including without limitation the restraints imposed upon his/her 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 is reasonable in respect to subject matter, length of time and geographic area. The Executive further acknowledges that, were he/she 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 would be irreparable. The Executive, therefore, Executive therefore agrees that the Company and its AffiliatesCompany, 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 Sections 7 or 8 hereof shall be determined by any court of competent jurisdiction to be unenforceable by reason of it 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.

Enforcement of Covenants. The Executive acknowledges that he/she he has carefully read and considered all the terms and conditions of this Agreement, including without limitation the restraints imposed upon his/her him pursuant to Sections 6, 7 and 8 hereof. The Executive agrees without reservation that said each of the restraints are contained herein is necessary for the reasonable and proper protection of the goodwill, Confidential Information and other legitimate interests of the Company and its Affiliates and Affiliates; that each and every one of the those restraints is reasonable in respect to subject matter, length of time and geographic area; and that these restraints, individually or in the aggregate, will not prevent him from obtaining other suitable employment during the period in which the Executive is bound by these restraints. The Executive further acknowledges that, were he/she he to breach any of the covenants or agreements contained in Sections 6, 7 or 8 hereof, the damage to the Company and its Affiliates could would be irreparable. The Executive, therefore, Executive therefore agrees that the Company and its AffiliatesCompany, 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 of competent jurisdiction to be unenforceable by reason of it 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.

Enforcement of Covenants. The Executive acknowledges that he/she Executive has carefully read and considered all the terms and conditions of this Agreement, including without limitation the restraints imposed upon his/her Executive 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 is reasonable in respect to subject matter, length of time and geographic area. The Executive further acknowledges that, were he/she Executive to breach any of the covenants or agreements contained in Sections 7 7, 8 or 8 9 hereof, the damage to the Company and its Affiliates could would be irreparable. The Executive, therefore, Executive therefore agrees that the Company 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, 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 of competent jurisdiction to be unenforceable by reason of it 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.

Enforcement of Covenants. The Executive acknowledges that he/she has carefully read and considered all the terms and conditions of this Agreement, including without limitation the restraints imposed upon his/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 is reasonable in respect to subject matter, length of time and geographic area. The Executive further acknowledges that, were he/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, agrees that the Company 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, without having to post bond. 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 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.

Enforcement of Covenants. The Executive Employee acknowledges that he/she he has carefully read and considered all the terms and conditions of this Agreement, including without limitation the restraints imposed upon his/her him pursuant to Sections 7 7, 8 and 8 9 hereof. The Executive Employee 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 is reasonable in respect to subject matter, length of time and geographic area. The Executive Employee further acknowledges that, were he/she he to breach any of the covenants or agreements contained in Sections 7 7, 8 or 8 9 hereof, the damage to the Company and its Affiliates could would be irreparable. The Executive, therefore, Employee therefore agrees that the Company and its AffiliatesCompany, 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 Employee 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 of competent jurisdiction to be unenforceable by reason of it 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.

Enforcement of Covenants. The Executive acknowledges that he/she he has carefully read and considered all the terms and conditions of this Agreement, including without limitation the restraints imposed upon his/her 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 BridgeStreet and its Affiliates and that each and every one of the restraints is reasonable in respect to subject matter, length of time and geographic area. The Executive further agrees that all goodwill of BridgeStreet and its Affiliates is their exclusive property. The Executive further acknowledges and agrees that, were he/she 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 would be irreparable. The Executive, therefore, Executive therefore agrees that the Company and BridgeStreet or any of its Affiliates, as the case may be, 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 Sections 7 or 8 hereof shall be determined by any court of competent jurisdiction to be unenforceable by reason of it 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.

Enforcement of Covenants. The Executive acknowledges that he/she he has carefully read and considered all the terms and conditions of this Agreement, including without limitation the restraints imposed upon his/her him pursuant to Sections 7 and 7, 8 and/or 9 hereof. The Executive agrees that said restraints are necessary for the reasonable and proper protection of the Company Company, Holdings and its Affiliates the Company’s Subsidiaries and that each and every one of the restraints is reasonable in respect to subject matter, length of time and geographic area. The Executive further acknowledges that, were he/she he to breach any of the covenants or agreements contained in Sections 7 or 7, 8 and/or 9 hereof, the damage to the Company and its Affiliates could would be irreparable. The Executive, therefore, Executive therefore agrees that the Company and its AffiliatesCompany, 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. The parties further agree that that, in the event that any provision of Section 7 or Sections 7, 8 and/or 9 hereof shall be determined by any court of competent jurisdiction to be unenforceable by reason of it 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.

Enforcement of Covenants. The Executive acknowledges that he/she he has carefully read and considered all the terms and conditions of this Agreement, including without limitation the restraints imposed upon his/her 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 is reasonable in respect to subject matter, length of time and geographic area. The Executive further acknowledges that, were he/she 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 Company 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, without having to post bond. 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 it 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.

Enforcement of Covenants. The Executive acknowledges that he/she he has ------------------------ carefully read and considered all the terms and conditions of this Agreement, including without limitation the restraints imposed upon his/her 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 is reasonable in respect to subject matter, length of time and geographic area. The Executive further acknowledges that, were he/she he to breach any of the covenants or agreements contained in Sections 7 7, 8 or 8 9 hereof, the damage to the Company and its Affiliates could would be irreparable. The Executive, therefore, Executive therefore agrees that the Company 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 of competent jurisdiction to be unenforceable by reason of it 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.

Enforcement of Covenants. The Executive Optionee acknowledges that he/she he has carefully read and considered all the terms and conditions of this Agreement, including without limitation the restraints imposed upon his/her him pursuant to Sections 6, 7 and 8 hereof. The Executive Optionee 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 is reasonable in respect to subject matter, length of time and geographic area. The Executive Optionee further acknowledges that, were he/she he to breach any of the covenants or agreements contained in Sections 6, 7 or and 8 hereof, the damage to the Company and its Affiliates could would be irreparable. The Executive, therefore, Optionee therefore agrees that the Company and its AffiliatesCompany, 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 Optionee 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 Sections 6, 7 or and 8 hereof shall be determined by any court of competent jurisdiction to be unenforceable by reason of it 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.

Enforcement of Covenants. The Executive acknowledges that he/she the ------------------------ Executive has carefully read and considered all the terms and conditions of this Agreement, including without limitation the restraints imposed upon his/her pursuant to Sections the Executive by Section 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 such restraints is are reasonable in respect to subject matter, length of time time, and geographic area. The Executive further acknowledges that, were he/she the Executive to breach any of the covenants or agreements contained in Sections Section 7 or 8 hereof, the damage to the Company and its Affiliates could would be irreparable. The Executive, therefore, Executive therefore agrees that the Company and its AffiliatesCompany, in addition to any other remedies available to itthe Company, shall be entitled to preliminary and permanent injunctive relief against any breach or threatened breach by the Executive of any of said covenants or agreementswithout posting bond. The parties Executive and the Company further agree that that, if one or more of the clauses contained in the event that any provision of this Section 7 shall for any reason be held to be excessively broad as to scope, activity, subject or 8 hereof shall be determined by any court of competent jurisdiction otherwise so as to be unenforceable by reason of it being extended over too great a time, too large a geographic area or too great a range of activitiesat law, such provision or provisions shall be deemed construed by the appropriate judicial body by limiting or reducing it or them, so as to be modified to permit its enforcement enforceable to the maximum extent permitted by lawcompatible with the applicable law as it shall then appear.

Enforcement of Covenants. The Executive acknowledges that he/she he has ------------------------ carefully read and considered all the terms and conditions of this Agreement, including without limitation the restraints imposed upon his/her 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 is reasonable in respect to subject matter, length of time and geographic area. The Executive further acknowledges that, were he/she 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 Company 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 it 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.

Enforcement of Covenants. The Executive acknowledges that he/she he has ------------------------ carefully read and considered all the terms and conditions of this Agreement, including without limitation the restraints imposed upon his/her 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 is reasonable in respect to subject matter, length of time and geographic area. The Executive further also acknowledges that, were he/she 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 --------------- would be irreparable. The Executive, therefore, Executive therefore agrees that the Company and its AffiliatesCompany, 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 of competent jurisdiction to be unenforceable by reason of it 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.

Enforcement of Covenants. The Executive acknowledges that he/she he has ------------------------ carefully read and considered all the terms and conditions of this Agreement, including without limitation the restraints imposed upon his/her 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 is reasonable in respect to subject matter, length of time and geographic area. The Executive further acknowledges that, were he/she 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 irreparableirrevocable. The Executive, therefore, Executive therefore agrees that the Company and its AffiliatesCompany, 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 it 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.

Enforcement of Covenants. The Executive acknowledges that he/she the Executive has carefully read and considered all the terms and conditions of this Agreement, including without limitation the restraints imposed upon his/her the Executive pursuant to Sections 7 8(a), (b), and 8 hereof(c). The Executive agrees that said 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 is reasonable in respect to subject matter, length of time time, and geographic area. The Executive further acknowledges that, were he/she the Executive to breach any of the covenants or agreements contained in Sections 7 8(a), (b), or 8 hereof(c), the damage to the Company and its Affiliates could would be irreparable. The Executive, therefore, Executive therefore agrees that the Company and its AffiliatesCompany, 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. The parties further agree that that, in the event that any provision of Section 7 Sections 8(a), (b), or 8 hereof (c) shall be determined by any court of competent jurisdiction to be unenforceable by reason of it its being extended over too great a time, too large a geographic area 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.

Enforcement of Covenants. The Executive acknowledges that he/she he has carefully read and considered all the terms and conditions of this Agreement, including without limitation the restraints imposed upon his/her 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 is reasonable in respect to subject matter, length of time and geographic area. The Executive further acknowledges that, were he/she he to breach any of the covenants or agreements contained in Sections 7 7, 8 or 8 9 hereof, the damage to the Company and its Affiliates could would be irreparable. The Executive, therefore, Executive therefore agrees that the Company and its AffiliatesCompany, 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 and for the recovery of reasonable attorneys' fees incurred in the enforcement of its rights hereunder. 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 of competent jurisdiction to be unenforceable by reason of it 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.

Enforcement of Covenants. The Executive acknowledges that he/she he has carefully read and considered all the terms and conditions ------------------------ of this Agreement, including without limitation the restraints imposed upon his/her 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 is reasonable in respect to subject matter, length of time and geographic area. The Executive further acknowledges that, were he/she he to breach any of the covenants or agreements contained in Sections 7 7, 8 or 8 9 hereof, the damage to the Company and its Affiliates could would be irreparable. The Executive, therefore, Executive therefore agrees that the Company 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, 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 of competent jurisdiction to be unenforceable by reason of it 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.

Enforcement of Covenants. The Executive acknowledges that he/she he has carefully read and considered all the terms and conditions of this Agreement, including without limitation the restraints imposed upon his/her 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 is reasonable in respect to subject matter, length of time and geographic area. The Executive further acknowledges that, were he/she 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 Company 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, without having to post bond. 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 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.

Enforcement of Covenants. The Executive Consultant acknowledges that he/she the Consultant has carefully read and considered all the terms and conditions of this Agreement, including without limitation the restraints imposed upon his/her the Consultant pursuant to Sections 6 and 7 and 8 hereof. The Executive Consultant 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 is are reasonable in respect as to subject matter, the definition of Competitive Business and length of time and geographic areatime. The Executive Consultant further acknowledges that, were he/she the Consultant to breach any of the covenants or agreements contained in Sections 6 and 7 or 8 hereof, the damage to the Company and its Affiliates could be irreparable. The Executive, therefore, Consultant therefore agrees that the Company and its AffiliatesCompany, 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 Consultant of any of said covenants or agreements. The parties further agree that in the event that any provision of Section 6 or 7 or 8 hereof shall be determined by any court Court of competent jurisdiction to be unenforceable by reason of it its being extended over too great a time, too large a geographic area or too great a range of activities, such a provision shall be deemed to be modified to permit its enforcement to the maximum extent permitted by law.

Enforcement of Covenants. The Executive Employee acknowledges that he/he or she has carefully read and considered all the terms and conditions of this Agreement, including without limitation the restraints imposed upon his/her the Employee pursuant to Sections 7 2, 3 and 8 4 hereof. The Executive Employee 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 is reasonable in respect to subject matter, length of time and geographic area. The Executive Employee further acknowledges that, were he/she the Employee to breach any of the covenants or agreements contained in Sections 7 or 8 hereof2, 3 and 4, the damage to the Company and its Affiliates could would be irreparable. The Executive, therefore, Employee therefore agrees that the Company and its AffiliatesCompany, 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 Employee 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 2, 3 or 8 4 hereof shall be determined by any court of competent jurisdiction to be unenforceable by reason of it 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.

Enforcement of Covenants. The Executive acknowledges that he/she has carefully read and considered all the terms and conditions of this Agreement, including without limitation the restraints imposed upon his/her pursuant to Sections 7 and 8 hereof. The Executive agrees that said restraints are necessary for the reasonable Model LC Employment Agreement and proper protection of the Company and its Affiliates and that each and every one of the restraints is reasonable in respect to subject matter, length of time and geographic area. The Executive further acknowledges that, were he/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, agrees that the Company 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 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.

Enforcement of Covenants. The Executive acknowledges that he/she has carefully read and considered all the terms and conditions of this Agreement, including without limitation the restraints imposed upon his/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 is reasonable in respect to subject matter, length of time and geographic area. The Executive further acknowledges that, were he/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, agrees that the Company 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 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.. Werthauser Employment Agreement

Enforcement of Covenants. The Executive acknowledges that he/she has carefully read and considered all the terms and conditions of this Agreement, including without limitation the restraints imposed upon his/her pursuant to Sections 7 and 7, 8 and/or 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 is reasonable in respect to subject matter, length of time and geographic area. The Executive further acknowledges that, were he/she to breach any of the covenants or agreements contained in Sections 7 or 7, 8 and/or 9 hereof, the damage to the Company and its Affiliates could would be irreparable. The Executive, therefore, Executive therefore agrees that the Company and its AffiliatesCompany, 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/or 9 hereof shall be determined by any court of competent jurisdiction to be unenforceable by reason of it 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.

Enforcement of Covenants. The Executive Consultant acknowledges that he/she Consultant has carefully read and considered all the terms and conditions of this Agreement, including without limitation the restraints imposed upon his/her Consultant pursuant to Sections 5, 6 and/or 7 and 8 hereof. The Executive Consultant agrees that said restraints are necessary for the reasonable and proper protection of the Company Company, Holdings and its Affiliates the Company’s Subsidiaries and that each and every one of the restraints is reasonable in respect to subject matter, length of time and geographic area. The Executive Consultant further acknowledges that, were he/she Consultant to breach any of the covenants or agreements contained in Sections 7 or 7, 8 and/or 9 hereof, the damage to the Company and its Affiliates could would be irreparable. The Executive, therefore, Consultant therefore agrees that the Company and its AffiliatesCompany, 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 Consultant of any of said covenants or agreementscovenants. The parties further agree that that, in the event that any provision of Section Sections 5, 6 and/or 7 or 8 hereof shall be determined by any court of competent jurisdiction to be unenforceable by reason of it 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.

Enforcement of Covenants. The Executive acknowledges that he/she has ------------------------ carefully read and considered all the terms and conditions of this Agreement, including without limitation the restraints imposed upon his/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 is reasonable in respect to subject matter, length of time and geographic area. The Executive further acknowledges that, were he/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, agrees that the Company 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 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.

Enforcement of Covenants. The Executive acknowledges that he/she he has carefully read and considered all the terms and conditions of this Agreement, including without limitation the restraints imposed upon his/her 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 21521031\V-1 each and every one of the restraints is reasonable in respect to subject matter, length of time and geographic area. The Executive further acknowledges that, were he/she 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 and its Affiliates could would be irreparable. The Executive, therefore, Executive therefore agrees that the Company and its AffiliatesCompany, 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 of competent jurisdiction to be unenforceable by reason of it 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.

Enforcement of Covenants. The Executive acknowledges that he/she he has carefully read and considered all the terms and conditions of this Agreement, including without limitation the restraints imposed upon his/her 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 is reasonable in respect to subject matter, length of time and geographic area. The Executive further acknowledges that, were he/she he to breach any of the covenants or agreements contained in Sections 7 7, 8 or 8 9 hereof, the damage to the Company and its Affiliates could would be irreparable. The Executive, therefore, Executive therefore agrees that the Company and its AffiliatesCompany, 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 a court of competent jurisdiction to be unenforceable by reason of it 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.

Enforcement of Covenants. The Executive acknowledges that he/she he has ------------------------ carefully read and considered all the terms and conditions of this Agreement, including without limitation the restraints imposed upon his/her 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 is reasonable in respect to subject matter, length of time and geographic area. The Executive further acknowledges that, were he/she 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 Company 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 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.

Enforcement of Covenants. The Executive acknowledges that he/she he has carefully read and considered all the terms and conditions of this Agreement, including without limitation the restraints imposed upon his/her him pursuant to Sections 5, 6, and 7 and 8 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 is reasonable in respect to subject matter, length of time and geographic area. The Executive further acknowledges that, were he/she he to breach any of the covenants or agreements contained in Sections 5, 6, and 7 or 8 hereof, the damage to the Company and its Affiliates could would be irreparable. The Executive, therefore, Executive therefore agrees that the Company and its AffiliatesCompany, 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. The parties further agree that that, in the event that any provision of Section Sections 5, 6, 7 or and 8 hereof shall be determined by any court of competent jurisdiction to be unenforceable by reason of it its being extended over too great a time, too large a geographic geographical 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.

Enforcement of Covenants. The Executive Contractor acknowledges that he/she Contractor has carefully read and considered all the terms and conditions of this Agreement, including without limitation the restraints imposed upon his/her Contractor pursuant to Sections 7 and 7, 8 and/or 9 hereof. The Executive Contractor agrees that said restraints are necessary for the reasonable and proper protection of the Company Company, Holdings and its Affiliates the Company’s Subsidiaries and that each and every one of the restraints is reasonable in respect to subject matter, length of time and geographic area. The Executive Contractor further acknowledges that, were he/she Contractor to breach any of the covenants or agreements contained in Sections 7 or 7, 8 and/or 9 hereof, the damage to the Company and its Affiliates could would be irreparable. The Executive, therefore, Contractor therefore agrees that the Company and its AffiliatesCompany, 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 Contractor of any of said covenants or agreementscovenants. The parties further agree that that, in the event that any provision of Section 7 or Sections 7, 8 and/or 9 hereof shall be determined by any court of competent jurisdiction to be unenforceable by reason of it 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.

Enforcement of Covenants. The Executive acknowledges that he/she the ------------------------ Executive has carefully read and considered all the terms and conditions of this Agreement, including without limitation the restraints imposed upon his/her pursuant to the Executive by 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 such restraints is are reasonable in respect to subject matter, length of time time, and geographic area. The Executive further acknowledges that, were he/she the Executive to breach any of the covenants or agreements contained in Sections 7 or and 8 hereofhereof , the damage to the Company and its Affiliates could would be irreparable. The Executive, therefore, Executive therefore agrees that the Company and its AffiliatesCompany, in addition to any other remedies available to itthe Company, shall be entitled to preliminary and permanent injunctive relief against any breach or threatened breach by the Executive of any of said covenants or agreementswithout posting bond. The parties Executive and the Company further agree that , in the event that any provision of Section Sections 7 or and 8 hereof shall be determined to be unenforceable by any a court of competent jurisdiction to be unenforceable by reason of 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.

Enforcement of Covenants. The Executive acknowledges that he/she he has carefully read and considered all the terms and conditions of this Agreement, including without limitation the restraints imposed upon his/her 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 Company, ESP and its Affiliates their Subsidiaries and that each and every one of the restraints is reasonable in respect to subject matter, length of time and geographic area. The Executive further acknowledges that, were he/she he to breach any of the covenants or agreements contained in Sections 7 7, 8 or 8 9 hereof, the damage to the Company and its Affiliates could would be irreparable. The Executive, therefore, Executive therefore agrees that the Company and its AffiliatesCompany, 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 of competent jurisdiction to be unenforceable by reason of it 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.

Enforcement of Covenants. The Executive Consultant acknowledges that he/she the Consultant has carefully read and considered all the terms and conditions of this Agreement, including without limitation the restraints imposed upon his/her the Consultant pursuant to Sections 7 and 8 hereof. The Executive Consultant agrees that said these 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 is reasonable in respect to subject matter, length of time and geographic area. The Executive Consultant further acknowledges that, were he/she the Consultant to breach any of the covenants or agreements contained in Sections 7 or 8 hereof, the damage to the Company and its Affiliates could affiliates would be irreparable. The Executive, therefore, Consultant therefore agrees that the Company and its AffiliatesCompany, 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 Consultant of any of said covenants or agreementscovenants, without having to post a bond. The parties Parties further agree that that, in the event that any provision of Section Sections 7 or 8 hereof shall be determined by any court of competent jurisdiction to be unenforceable by reason of it 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.

Enforcement of Covenants. The Executive acknowledges that he/she he has carefully read and considered all the terms and conditions of this Agreement, including without limitation the restraints imposed upon his/her 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 is reasonable in respect to subject matter, length of time and geographic area. The Executive further acknowledges that, were he/she he to breach any of the covenants or agreements contained in Sections 7 or 7, 8 and 9 hereof, the damage to the Company and its Affiliates could would be irreparable. The Executive, therefore, Executive therefore agrees that the Company and its AffiliatesCompany, 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, and shall be further entitled to recover any attorney’s fees incurred in enforcing its rights under Section 7, 8 and 9 hereof. The parties further agree that that, in the event that any provision of Section 7 or 7, 8 and 9 hereof shall be determined by any court of competent jurisdiction to be unenforceable by reason of it 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.

Enforcement of Covenants. The Executive acknowledges that he/she he has carefully read and considered all the terms and conditions of this Agreement, including without limitation the restraints imposed upon his/her 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 is reasonable in respect to subject matter, length of time and geographic area. The Executive further acknowledges that, were he/she 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 and its Affiliates could Subsidiaries would be irreparable. The Executive, therefore, Executive therefore agrees that the Company and its AffiliatesCompany, 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 of competent jurisdiction to be unenforceable by reason of it 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.

Enforcement of Covenants. The Executive acknowledges that he/she he has carefully read and considered all the terms and conditions of this Agreement, including without limitation the restraints imposed upon his/her 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 subsidiaries and that each and every one of the restraints is reasonable in respect to subject matter, length of time and geographic area. The Executive further acknowledges that, were he/she 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 Company and its AffiliatesCompany, 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 agreements, subject to the provisions of Fed. R. Civ. P. 65 and/or any state analogue thereof. 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 it 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.

Enforcement of Covenants. The Executive Employee acknowledges that he/she he has carefully read and considered all the terms and conditions of this Agreement, including including, without limitation limitation, the restraints imposed upon his/her him pursuant to Sections 7 and 8 hereofhereof and he has been advised by counsel of his choice regarding his rights and obligation hereunder. The Executive Employee agrees that said restraints are necessary for the reasonable and proper protection of the Company and its Affiliates Company’s Confidential Trade Secret Information and that each and every one of the restraints is reasonable in respect to subject matter, length of time and geographic area. The Executive Employee further acknowledges that, were he/she he to breach any of the covenants or agreements contained in Sections 7 or and 8 hereof, the damage to the Company and its Affiliates could be irreparable. The Executive, therefore, Employee therefore agrees that the Company and its AffiliatesCompany, 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 Employee of any of said covenants or agreements. The parties further agree that that, in the event that any provision of Section Sections 7 or and 8 hereof shall be determined by any court of competent jurisdiction or an arbitrator to be unenforceable by reason of it being extended over too great a time, too large a geographic area or too great a range of activitiesfor any reason, such provision shall be deemed to be modified to permit its enforcement to the maximum extent permitted by law.