Common use of Executive Acknowledgements Clause in Contracts

Executive Acknowledgements. The Executive acknowledges (i) that the covenants contained in this Agreement, including, without limitation, the time and geographic limits (collectively, the “Restrictive Covenants”), are reasonable and appropriate and that the Executive will not claim to the contrary in any action brought by the Company to enforce any of such provisions and (ii) that should the Executive violate any of the Restrictive Covenants, it will be difficult to determine the resulting damages to the Company and, in addition to any other remedies the Company may have, (A) the Company shall be entitled to temporary injunctive relief without being required to post a bond and permanent injunctive relief without the necessity of proving actual damage; and (B) the Company shall have the right to offset against its obligation to make any payments to the Executive under the Severance Agreement or otherwise to the extent of any money damages incurred or suffered by the Company. The Company may elect to seek one or more of these remedies at its sole discretion on a case by case basis. Failure to seek any or all remedies in one case shall not restrict the Company from seeking any remedies in another situation. Such action by the Company shall not constitute a waiver of any of its rights.

Executive Acknowledgements. The Executive acknowledges (i) that the covenants contained in this Agreement, including, without limitation, the time and geographic limits (collectively, the “Restrictive Covenants”), are reasonable and appropriate and that the Executive will not claim to the contrary in any action brought by the Company to enforce any of such provisions and (ii) that should the Executive violate any of the Restrictive Covenants, it will be difficult to determine the resulting damages to the Company and, in addition to any other remedies the Company may have, (A) the Company shall be entitled to temporary injunctive relief without being required to post a bond and permanent injunctive relief without the necessity of proving actual damage; and (B) the Company shall have the right to offset against its obligation to make any payments to the Executive under the Severance Agreement or otherwise to the extent of any money damages incurred or suffered by the Company. The Company may elect to seek one or more of these remedies at its sole discretion on a case by case basis. Failure to seek any or all remedies in one case shall not restrict the Company from seeking any remedies in another situation. Such action by the Company shall not constitute a waiver of any of its rights. The Executive acknowledges and agrees that the Restrictive Covenants shall survive the termination of this Agreement.