Common use of Notice and Survival of Restrictions Clause in Contracts

Notice and Survival of Restrictions. (a) Before accepting new employment, Grantee shall advise every future employer of the restrictions in this Attachment A. Grantee agrees that the Company may advise a future employer or prospective employer of this Attachment A and its position on the potential application of this Attachment A. (b) This Attachment A’s post-employment obligations shall survive the termination of Grantee’s employment with the Company for any reason. If Grantee violates one of the post-employment restrictions in this Attachment A on which there is a specific time limitation, the time period for that restriction shall be extended by one day for each day Grantee violates it, up to a maximum extension equal to the length of time prescribed for the restriction, so as to give the Company the full benefit of the bargained-for length of forbearance. (c) It is the intention of the Parties that, if any court construes any provision or clause of this Attachment A, or any portion thereof, to be illegal, void or unenforceable, because of the duration of such provision, the scope or the subject matter covered thereby, such court shall reduce the duration, scope, or subject matter of such provision, and, in its reduced form, such provision shall then be enforceable and shall be enforced. (d) If Grantee becomes employed with an Affiliate without entering into a new nondisclosure, nonsolicitation, noncompetition agreement that is substantially the same as this Attachment A, the Affiliate shall be regarded as the Company for all purposes under this Attachment A, and shall be entitled to the same protections and enforcement rights as the Company.

Notice and Survival of Restrictions. (a) Before accepting new employment, Grantee shall advise every future employer of the restrictions in this Attachment A. Grantee agrees that the Company may advise a future employer or prospective employer of this Attachment A and its position on the potential application of this Attachment A. (b) This Attachment A’s post-employment obligations shall survive the termination of GranteeXxxxxxx’s employment with the Company for any reason. If Grantee violates one of the post-employment restrictions in this Attachment A on which there is a specific time limitation, the time period for that restriction shall be extended by one day for each day Grantee violates it, up to a maximum extension equal to the length of time prescribed for the restriction, so as to give the Company the full benefit of the bargained-for length of forbearance. (c) It is the intention of the Parties that, if any court construes any provision or clause of this Attachment A, or any portion thereof, to be illegal, void or unenforceable, because of the duration of such provision, the scope or the subject matter covered thereby, such court shall reduce the duration, scope, or subject matter of such provision, and, in its reduced form, such provision shall then be enforceable and shall be enforced. (d) If Grantee becomes employed with an Affiliate without entering into a new nondisclosure, nonsolicitation, noncompetition agreement that is substantially the same as this Attachment A, the Affiliate shall be regarded as the Company for all purposes under this Attachment A, and shall be entitled to the same protections and enforcement rights as the Company.

Notice and Survival of Restrictions. (a) Before accepting new employment, Grantee shall advise every future employer of the restrictions in this Attachment A. Grantee agrees that the Company may advise a future employer or prospective employer of this Attachment A and its position on the potential application of this Attachment A. (b) This Attachment A’s post-employment obligations shall survive the termination of Grantee’s employment with the Company for any reason. If Grantee violates one of the post-employment restrictions in this Attachment A on which there is a specific time limitation, the time period for that restriction shall be extended by one day for each day Grantee violates it, up to a maximum extension equal to the length of time prescribed for the restriction, so as to give the Company the full benefit of the bargained-for length of forbearance. (c) It is the intention of the Parties that, if any court construes any provision or clause of this Attachment A, or any portion thereof, to be illegal, void or unenforceable, because of the duration of such provision, the scope or the subject matter covered thereby, such court shall reduce the duration, scope, or subject matter of such provision, and, in its reduced form, such provision shall then be enforceable and shall be enforced. (d) If Grantee becomes employed with an Affiliate without entering into a new nondisclosure, nonsolicitation, nonsolicitation or noncompetition agreement that is substantially the same as this Attachment A, the Affiliate shall be regarded as the Company for all purposes under this Attachment A, and shall be entitled to the same protections and enforcement rights as the Company.

Notice and Survival of Restrictions. (a) Before accepting new employmentemployment and if the restrictions in Sections 4.1 and 4.2 have not expired, Grantee Participant shall advise every future employer of the restrictions in this Attachment Exhibit A. Grantee Participant agrees that the Company may advise a future employer or prospective employer of this Attachment Exhibit A and its position on the potential application of this Attachment Exhibit A. (b) This Attachment A’s The post-employment obligations in this Exhibit A shall survive the termination of GranteeParticipant’s employment with the Company for any reason. If Grantee Participant violates one of the post-employment restrictions in this Attachment Exhibit A on which there is a specific time limitation, the time period for that restriction shall be extended by one day for each day Grantee Participant violates it, up to a maximum extension equal to the length of time prescribed for the restriction, so as to give the Company the full benefit of the bargained-for length of forbearance. (c) It is the intention of the Parties that, if any court construes any provision or clause of this Attachment Exhibit A, or any portion thereof, to be illegal, void or unenforceable, because of the duration of such provision, the scope or the subject matter covered thereby, such court shall reduce the duration, scope, or subject matter of such provision, and, in its reduced form, such provision shall then be enforceable and shall be enforced. (d) If Grantee Participant becomes employed with an Affiliate without entering into a new nondisclosure, nonsolicitation, noncompetition agreement that is substantially the same as 56276266v.5 this Attachment Exhibit A, the Affiliate shall be regarded as the Company for all purposes under this Attachment Exhibit A, and shall be entitled to the same protections and enforcement rights as the Company.

Notice and Survival of Restrictions. (a) Before accepting new employmentemployment and if the restrictions in Sections 4.1 and 4.2 have not expired, Grantee Participant shall advise every future employer of the restrictions in this Attachment Exhibit A. Grantee Participant agrees that the Company may advise a future employer or prospective employer of this Attachment Exhibit A and its position on the potential application of this Attachment Exhibit A. (b) This Attachment A’s The post-employment obligations in this Exhibit A shall survive the termination of GranteeParticipant’s employment with the Company for any reason. If Grantee Participant violates one of the post-employment restrictions in this Attachment Exhibit A on which there is a specific time limitation, the time period for that restriction shall be extended by one day for each day Grantee Participant violates it, up to a maximum extension equal to the length of time prescribed for the restriction, so as to give the Company the full benefit of the bargained-for length of forbearance. (c) It is the intention of the Parties that, if any court construes any provision or clause of this Attachment Exhibit A, or any portion thereof, to be illegal, void or unenforceable, because of the duration of such provision, the scope or the subject matter covered thereby, such court shall reduce the duration, scope, or subject matter of such provision, and, in its reduced form, such provision shall then be enforceable and shall be enforced. (d) If Grantee Participant becomes employed with an Affiliate without entering into a new nondisclosure, nonsolicitation, noncompetition agreement that is substantially the same as this Attachment Exhibit A, the Affiliate shall be regarded as the Company for all purposes under this Attachment Exhibit A, and shall be entitled to the same protections and enforcement rights as the Company.

Notice and Survival of Restrictions. (a) Before accepting new employmentemployment and if the restrictions in Sections 4.1 and 4.2 have not expired, Grantee Participant shall advise every future employer of the restrictions in this Attachment Exhibit A. Grantee Participant agrees that the Company may advise a future employer or prospective employer of this Attachment Exhibit A and its position on the potential application of this Attachment Exhibit A. (b) This Attachment A’s The post-employment obligations in this Exhibit A shall survive the termination of GranteeParticipant’s employment with the Company for any reason. If Grantee Participant violates one of the post-employment restrictions in this Attachment Exhibit A on which there is a specific time limitation, the time period for that restriction shall be extended by one day for each day Grantee Participant violates it, up to a maximum extension equal to the length of time prescribed for the restriction, so as to give the Company the full benefit of the bargained-for length of forbearance. (c) It is the intention of the Parties that, if any court construes any provision or clause of this Attachment Exhibit A, or any portion thereof, to be illegal, void or unenforceable, because of 56257325v.5 the duration of such provision, the scope or the subject matter covered thereby, such court shall reduce the duration, scope, or subject matter of such provision, and, in its reduced form, such provision shall then be enforceable and shall be enforced. (d) If Grantee Participant becomes employed with an Affiliate without entering into a new nondisclosure, nonsolicitation, noncompetition agreement that is substantially the same as this Attachment Exhibit A, the Affiliate shall be regarded as the Company for all purposes under this Attachment Exhibit A, and shall be entitled to the same protections and enforcement rights as the Company.