Common use of Limitations on Restrictive Covenants Clause in Contracts

Limitations on Restrictive Covenants. For purposes hereof, these covenants not to compete/not to solicit shall not apply with respect to any member of the Restricted Group unless the principal business thereof is a Competitive Business. It is understood and agreed by you that the parties hereto have attempted to limit your right to compete only to the extent necessary to protect the Company from unfair competition. You acknowledge that the covenants and promises contained in this Section 5 are not intended to restrict you in the exercise of your skills or the use of knowledge or information that does not rise to the level of a trade secret under applicable law or Confidential Information of the Company (to which trade secrets and Confidential Information you will have access and make use of during employment with the Company). It is acknowledged by the parties hereto that the purpose of these covenants and promises is (and that they are necessary) to protect the Company's legitimate business interests, to protect the Company's investment in the specialized training provided to (and skills obtained by) you during your employment in addition to the overall development of its business and the good will of its customers, and to protect and retain (and to prevent you from unfairly and to the detriment of the Company utilizing or taking advantage of) such business trade secrets and Confidential Information of the Company and those contacts and relationships (including those with customers and employees of the Company) which you established due to your employment with the Company. This Agreement is not intended to preclude your opportunity to engage in or otherwise pursue occupations in any unrelated or non-competitive field of endeavor, or to engage in or otherwise pursue directly competitive endeavors so long as they meet the requirements of this Agreement. You represent that your experience and abilities are such that existence or enforcement of these covenants and promises will not prevent you from earning or pursuing an adequate livelihood and will not cause an undue burden to you or your family. You acknowledge that these covenants and promises (and their respective time, geographic, and/or activity limitations) are reasonable and that said limitations are no greater than necessary to protect said legitimate business interests in light of your position with the Company and the Company's business, and you agree to strictly abide by the terms hereof.

Limitations on Restrictive Covenants. For purposes hereof, these covenants not to compete/not to solicit shall not apply with respect to any member of the Restricted Group unless the principal business thereof is a Competitive Business. It is understood and agreed by you Executive that the parties hereto have attempted to limit your Executive's right to compete only to the extent necessary to protect the Company from unfair competition. You acknowledge Executive acknowledges that the covenants and promises contained in this Section 5 10 are not intended to restrict you Executive in the exercise of your Executive's skills or the use of knowledge or information that does not rise to the level of a trade secret under applicable law or Confidential Information of the Company (to which trade secrets and Confidential Information you Executive will have access and make use of during employment with the Company). It is acknowledged by the parties hereto that the purpose of these covenants and promises is (and that they are necessary) to protect the Company's legitimate business interests, to protect the Company's investment in the specialized training provided to (and skills obtained by) you by Executive during your Executive's employment in addition to the overall development of its business and the good will of its customers, and to protect and retain (and to prevent you Executive from unfairly and to the detriment of the Company utilizing or taking advantage of) such business trade secrets and Confidential Information of the Company and those contacts and relationships (including those with customers and employees of the Company) which you Executive established due to your Executive's employment with the Company. This Agreement is not intended to preclude your Executive's opportunity to engage in or otherwise pursue occupations in any unrelated or non-competitive field of endeavor, or to engage in or otherwise pursue directly competitive endeavors so long as they meet the requirements of this Agreement. You represent Executive represents that your Executive's experience and abilities are such that existence or enforcement of these covenants and promises will not prevent you Executive from earning or pursuing an adequate livelihood and will not cause an undue burden to you Executive or your Executive's family. You acknowledge Executive acknowledges that these covenants and promises (and their respective time, geographic, and/or activity limitations) are reasonable and that said limitations are no greater than necessary to protect said legitimate business interests in light of your Executive's position with the Company and the Company's business, and you Executives agree to strictly abide by the terms hereof.