Non-Competition & Other Covenants. (a) The Executive acknowledges that he has had or will have unlimited access to the confidential information and business methods relating to the Liquid Company Group’s business and operations and that the Employer would be irreparably injured and the goodwill of the Employer would be irreparably damaged if the Executive were to breach the covenants set forth in this Section 7. The Executive further acknowledges that the covenants set forth in this Section 7 are reasonable in scope and duration and do not unreasonably restrict the Executive’s association with other business entities, either as an employee or otherwise as set forth herein.
Non-Competition & Other Covenants. (a) Executive acknowledges and agrees that (i) the business of the Group Companies is highly competitive; (ii) the skills and knowledge of the Group Companies’ workforce constitute trade secrets and confidential information; (iii) she will be exposed to, have accesses to, and develop on behalf of the Group Company, trade secrets and confidential information during her employment; (iv) such trade secrets and confidential information are of vital importance to the success of the Group Companies; (v) the disclosure or improper use of any such information would place the Group Companies at a serious competitive disadvantage and could do serious damage, financial and otherwise, to the Group Companies; (vi) Executive may develop relationships with customers, clients or prospective customers or clients of the Group Companies at the time and expense of the Group Companies and that, by Executive’s training, experience and expertise, Executive’s services to the Group Companies are extraordinary, special and unique; (vii) Executive’s experience and capabilities are such that the provisions contained in this Agreement will not prevent Executive from earning a livelihood; (viii) the Group Companies would be seriously and irreparably injured if Executive were to engage in any actions in violation of Section 10 of this Agreement, and that, in the event of such breach or threatened breach, no adequate remedy at law would exist and damages would be difficult to determine; (ix) the provisions contained in Section 10 of this Agreement are justified by, and reasonably necessary to, protect the legitimate business interests of the Group Companies, including the trade secrets, confidential information and goodwill of the Group Companies; (x) Executive is a sophisticated business person and has consulted with an attorney prior to entering into this Agreement; (xi) the Company is entering into this Agreement only because Executive is willing to comply with Section 10 of this Agreement; and (xii) the provisions in this Agreement are fair and reasonable in scope, duration and geographical limitations.
