Ongoing Obligations of the Executive. The Executive’s confidentiality, nondisclosure and nonsolicitation obligations to the Company and/or any affiliate of the Company, including without limitation pursuant to the Proprietary Information and Inventions Agreement dated [date] (the “Confidentiality Agreement”), are hereby reaffirmed and incorporated herein by reference (collectively, the “Ongoing Obligations”).
Ongoing Obligations of the Executive. The Executive hereby reaffirms his ongoing obligations to the Company under the Restrictive Covenant Agreement and otherwise under the Agreement (the “Ongoing Obligations”), which Obligations are incorporated herein by reference.
Ongoing Obligations of the Executive. As a condition of receiving the payments and benefits pursuant to Section 5 or 6 of the Employment Agreement, the Executive hereby reaffirms that he remains subject to the Continuing Obligations. 4.
Ongoing Obligations of the Executive. As a condition of receiving the payments pursuant to Section 4 or Section 5 of the Executive Agreement and, if applicable, any accelerated vesting of equity associated with the Qualifying Termination Event, the Executive hereby reaffirms his ongoing obligations under Section 7 of the Executive Agreement and the Restrictive Covenants Agreement (collectively, the “Ongoing Obligations”), which are incorporated herein by reference.
Ongoing Obligations of the Executive. The Executive hereby reaffirms that the Restrictive Covenant Agreement remains in full effect, except that the Executive hereby waives any right to Garden Leave (as defined in the Restrictive Covenant Agreement) and agrees that Section 8(c) of the Restrictive Covenant Agreement is hereby deleted in its entirety and replaced with the following text taken from the original Section 8(c): “I shall not directly or indirectly, whether as owner, partner, shareholder, director, manager, consultant, agent, employee, co-venturer or otherwise, anywhere in the United States or in any other country in which the Company does business, engage or otherwise participate in any business that develops, manufactures or markets any products, or performs any services, that are competitive with the products or services of the Company, or products or services that the Company or its affiliates, has under development or that are the subject of active planning at any time during my employment.” The first sentence of Section 17 (“Waiver”) of the Restrictive Covenant Agreement is hereby deleted. The Restrictive Covenant Agreement, as amended herein, is incorporated herein by reference. The Restrictive Covenant Agreement, and any other ongoing obligations the Executive has under the Agreement, are the “Ongoing Obligations”, which Obligations are incorporated herein by reference.
Ongoing Obligations of the Executive. As a condition of receiving the payments and other terms pursuant to Section 4(b) of the Employment Agreement, the Executive hereby reaffirms his ongoing obligations under the Employment Agreement (the “Ongoing Obligations”), which are incorporated herein by reference, including, without limitation, the obligations under Employment Agreement Sections 7(b) (“Nonsolicitation”), 8(a) (“Confidential Information”), 8(b) (“Documents, Records, etc.”), and 9(b) (“Litigation and Regulatory Cooperation”).
Ongoing Obligations of the Executive. The Executive hereby reaffirms his ongoing obligations to the Company under the Restrictive Covenant Agreement and otherwise under the Agreement (the “Ongoing Obligations”), which Obligations are incorporated herein by reference. As provided in Section 10 of the Agreement, the Executive agrees that (i) if the Executive were to breach any of the covenants contained in the Restrictive Covenant Agreement, in addition to the Company’s other legal and equitable remedies, the Company may suspend or cease any Termination Benefits to which the Executive might otherwise be entitled; and (ii) any such suspension or termination of the Termination Benefits by the Company in the event of a breach by the Executive shall not affect the Executive’s ongoing obligations to the Company
Ongoing Obligations of the Executive. The Executive reaffirms his ongoing obligations under the Severance Agreement, including without limitation his obligations under Section 5 of the Severance Agreement and his Employee Proprietary Information and Confidentiality Agreement signed as of July 9, 1998, as modified by the Severance Agreement, as a condition of receiving the payments and other consideration pursuant to Sections 3(a) of the Severance Agreement.
Ongoing Obligations of the Executive. The Executive’s confidentiality and restrictive covenant obligations to the Company and/or any affiliate of the Company, including without limitation under Sections 6 and 8 of the Employment Agreement, are hereby reaffirmed and incorporated herein by reference (collectively, the “Ongoing Obligations”).
