Common use of Executive’s Understanding of this Section Clause in Contracts

Executive’s Understanding of this Section. Executive hereby represents to the Company that Executive has read and understands, and agrees to be bound by, the terms of this Section 7. Executive acknowledges that the geographic scope and duration of the covenants contained in Section 7(c) are the result of arm’s-length bargaining and are fair and reasonable in light of (i) the importance of the functions performed by Executive and the length of time it would take the Company to find and train a suitable replacement, (ii) the nature and wide geographic scope of the operations of the Company, (iii) Executive’s level of control over and contact with the Company’s business and operations in all jurisdictions where they are located, and (iv) the fact that the Restricted Business is conducted throughout the geographic area where competition is restricted by this Agreement. It is the desire and intent of the parties that the provisions of this Agreement be enforced to the fullest extent permitted under applicable law, whether now or hereafter in effect and therefore, to the extent permitted by applicable law, the parties hereto waive any provision of applicable law that would render any provision of this Section 7 invalid or unenforceable.

Appears in 14 contracts

Samples: Executive Employment Agreement (Independence Contract Drilling, Inc.), Executive Employment Agreement (Independence Contract Drilling, Inc.), Executive Employment Agreement (Independence Contract Drilling, Inc.)

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Executive’s Understanding of this Section. Executive hereby represents to the Company that Executive he has read and understands, and agrees to be bound by, the terms of this Section 7Section. Executive acknowledges that the geographic scope and duration of the covenants contained in Section 7(cparagraph (c) are the result of arm’sarm's-length bargaining and are fair and reasonable in light of (i) the importance of the functions performed by Executive and the length of time it would take the Company to find and train a suitable replacement, (ii) the nature and wide geographic scope of the operations of the Company, (iii) Executive’s 's level of control over and contact with the Company’s 's business and operations in all jurisdictions where they same are located, conducted and (iv) the fact that the Restricted Company's Business is conducted throughout the geographic area where competition is restricted by this Agreement. It is the desire and intent of the parties that the provisions of this Agreement be enforced to the fullest extent permitted under applicable law, whether now or hereafter in effect and therefore, to the extent permitted by applicable law, the parties hereto waive any provision of applicable law that would render any provision of this Section 7 invalid or unenforceable.

Appears in 9 contracts

Samples: Employment and Non Competition Agreement (Superior Energy Services Inc), Employment Agreement (Superior Energy Services Inc), Employment and Non Competition Agreement (Superior Energy Services Inc)

Executive’s Understanding of this Section. Executive hereby represents to the Company that Executive he has read and understands, and agrees to be bound by, the terms of this Section 7Section. Executive acknowledges that the geographic scope and duration of the covenants contained in Section 7(cparagraph (c) are the result of arm’s-length bargaining and are fair and reasonable in light of (i) the importance of the functions performed by Executive and the length of time it would take the Company to find and train a suitable replacement, (ii) the nature and wide geographic scope of the operations of the Company, (iii) Executive’s level of control over and contact with the Company’s business and operations in all jurisdictions where they same are located, conducted and (iv) the fact that the Restricted Company’s Business is conducted throughout the geographic area where competition is restricted by this Agreement. It is the desire and intent of the parties that the provisions of this Agreement be enforced to the fullest extent permitted under applicable law, whether now or hereafter in effect and therefore, to the extent permitted by applicable law, the parties hereto waive any provision of applicable law that would render any provision of this Section 7 invalid or unenforceable.

Appears in 7 contracts

Samples: Employment Agreement (Superior Energy Services Inc), Employment Agreement (Superior Energy Services Inc), Employment Agreement (Superior Energy Services Inc)

Executive’s Understanding of this Section. Executive hereby represents to the Company that Executive he has read and understands, and agrees to be bound by, the terms of this Section 76. Executive acknowledges that the geographic scope and duration of the covenants contained in paragraph (c) of this Section 7(c) 6 are the result of arm’s-length bargaining and are fair and reasonable in light of (i) the importance of the functions performed by Executive and the length of time it would take the Company to find and train a suitable replacement, (ii) the nature and wide geographic scope of the operations of the Company, (iii) Executive’s level of control over and contact with the Company’s business and operations in all jurisdictions where they same are located, conducted and (iv) the fact that the Restricted Company’s Business is conducted throughout the geographic area where competition is restricted by this Agreement. It is the desire and intent of the parties that the provisions of this Agreement be enforced to the fullest extent permitted under applicable law, whether now or hereafter in effect and therefore, to the extent permitted by applicable law, the parties hereto waive any provision of applicable law that would render any provision of this Section 7 6 invalid or unenforceable.

Appears in 3 contracts

Samples: Employment Agreement (Horizon Offshore Inc), Employment Agreement (Horizon Offshore Inc), Employment Agreement (Horizon Offshore Inc)

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Executive’s Understanding of this Section. Executive hereby represents to the Company that Executive he has read and understands, and agrees to be bound by, the terms of this Section 7Section. Executive acknowledges that the geographic scope and duration of the covenants contained in Section 7(cparagraph (c) and (d) are the result of arm’sarm's-length bargaining in connection with the acquisition of the Company by BNC and are fair and reasonable in light of (i) the importance of the functions performed by Executive and the length of time it would take the Company to find and train a suitable replacement, (ii) the nature and wide geographic scope of the operations of the Company, (iii) Executive’s 's level of control over and contact with the Company’s 's business and operations in all jurisdictions where they same are locatedconducted, and (iv) the fact that the Restricted Company's Business is conducted throughout the geographic area where competition is restricted by this AgreementAgreement and (v) the general goodwill associated with Executive's continued employment with the Company. It is the desire and intent of the parties that the provisions of this Agreement be enforced to the fullest extent permitted under applicable law, whether now or hereafter in effect and therefore, to the extent permitted by applicable law, the parties hereto waive any provision of applicable law that would render any provision of this Section 7 6 invalid or unenforceable.

Appears in 2 contracts

Samples: Employment and Non Competition Agreement (Bnccorp Inc), Employment and Non Competition Agreement (Bnccorp Inc)

Executive’s Understanding of this Section. Executive hereby represents to the Company that Executive he has read and understands, and agrees to be bound by, the terms of this Section 7Section. Executive acknowledges that the geographic scope and duration of the covenants contained in Section 7(cparagraph (c) are the result of arm’sarm's-length bargaining and are fair and reasonable in light of (i) the importance of the functions performed by Executive and the length of time it would take the Company to find and train a suitable replacement, (ii) the nature and wide geographic scope of the operations of the Company, (iii) Executive’s 's level of control over and contact with the Company’s 's business and operations in all jurisdictions where they same are located, conducted and (iv) the fact that the Restricted Company's Business is conducted throughout the geographic area where competition is restricted by this Agreement. It is the desire and intent of the parties that the provisions of this Agreement be enforced to the fullest extent permitted under applicable law, whether now or hereafter in effect and therefore, to the extent permitted by applicable law, the parties hereto waive any provision of applicable law that would render any provision of this Section 7 9 invalid or unenforceable.

Appears in 1 contract

Samples: Employment Agreement (Superior Energy Services Inc)

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