Common use of Provisions Necessary and Reasonable Clause in Contracts

Provisions Necessary and Reasonable. (a) The Executive agrees that (i) the provisions of Sections 4, 5, 6 and 7 of this Agreement are necessary and reasonable to protect the Company's Confidential Information, Inventions, and goodwill; (ii) the specific temporal, geographic and substantive provisions set forth in Section 6 of this Agreement are reasonable and necessary to protect the Company's business interests in part because the Company's business is international in scope; and (iii) in the event of any breach of any of the covenants set forth herein, the Company would suffer substantial irreparable harm and would not have an adequate remedy at law for such breach. In recognition of the foregoing, the Executive agrees that in the event of a breach or threatened breach of any of these covenants, in addition to such other remedies as the Company may have at law, without posting any bond or security, the Company shall be entitled to seek and obtain equitable relief, in the form of specific performance, and/or temporary, preliminary or permanent injunctive relief, or any other equitable remedy which then may be available. The seeking of such injunction or order shall not affect the Company's right to seek and obtain damages or other equitable relief on account of any such actual or threatened breach. (b) If any of the covenants contained in Sections 4, 5, 6 and 7 hereof, or any part thereof, are hereafter construed to be invalid or unenforceable, the same shall not affect the remainder of the covenant or covenants, which shall be given full effect without regard to the invalid portions. (c) If any of the covenants contained in Sections 4, 5, 6 and 7 hereof, or any part thereof, are held to be unenforceable by a court of competent jurisdiction because of the temporal or geographic scope of such provision or the area covered thereby, the parties agree that the court making such determination shall have the power to reduce the duration and/or geographic area of such provision and, in its reduced form, such provision shall be enforceable.

Appears in 10 contracts

Samples: Employment Agreement (Globecomm Systems Inc), Employment Agreement (Globecomm Systems Inc), Employment Agreement (Globecomm Systems Inc)

AutoNDA by SimpleDocs

Provisions Necessary and Reasonable. (a) The Executive agrees that (i) the provisions of Sections 4, 5, 6 and 7 of this Agreement are necessary and reasonable to protect the Company's ’s Confidential Information, Inventions, and goodwill; (ii) the specific temporal, geographic and substantive provisions set forth in Section 6 of this Agreement are reasonable and necessary to protect the Company's ’s business interests in part because the Company's ’s business is international in scope; and (iii) in the event of any breach of any of the covenants set forth herein, the Company would suffer substantial irreparable harm and would not have an adequate remedy at law for such breach. In recognition of the foregoing, the Executive agrees that in the event of a breach or threatened breach of any of these covenants, in addition to such other remedies as the Company may have at law, without posting any bond or security, the Company shall be entitled to seek and obtain equitable relief, in the form of specific performance, and/or temporary, preliminary or permanent injunctive relief, or any other equitable remedy which then may be available. The seeking of such injunction or order shall not affect the Company's ’s right to seek and obtain damages or other equitable relief on account of any such actual or threatened breach. (b) If any of the covenants contained in Sections 4, 5, 6 and 7 hereof, or any part thereof, are hereafter construed to be invalid or unenforceable, the same shall not affect the remainder of the covenant or covenants, which shall be given full effect without regard to the invalid portions. (c) If any of the covenants contained in Sections 4, 5, 6 and 7 hereof, or any part thereof, are held to be unenforceable by a court of competent jurisdiction because of the temporal or geographic scope of such provision or the area covered thereby, the parties agree that the court making such determination shall have the power to reduce the duration and/or geographic area of such provision and, in its reduced form, such provision shall be enforceable.

Appears in 5 contracts

Samples: Employment Agreement (Globecomm Systems Inc), Employment Agreement (Globecomm Systems Inc), Employment Agreement (Globecomm Systems Inc)

Provisions Necessary and Reasonable. (a) The Executive Consultant agrees that (i) the provisions of Sections 4, 5, 6 6, 7 and 7 8 of this Agreement are necessary and reasonable to protect the Company's ’s Confidential Information, Inventions, and goodwill; (ii) the specific temporal, geographic and substantive provisions set forth in Section 6 10 of this Agreement are reasonable and necessary to protect the Company's ’s business interests in part because the Company's business is international in scopeinterests; and (iii) in the event of any breach of any of the covenants set forth herein, the Company would suffer substantial irreparable harm and would not have an adequate remedy at law for such breach. In recognition of the foregoing, the Executive Consultant agrees that in the event of a breach or threatened breach of any of these covenants, in addition to such other remedies as the Company may have at law, without posting any bond or security, the Company shall be entitled to seek and obtain equitable relief, in the form of specific performance, and/or temporary, preliminary or permanent injunctive relief, or any other equitable remedy which then may be available. The seeking of such injunction or order shall not affect the Company's ’s right to seek and obtain damages or other equitable relief on account of any such actual or threatened breach. (b) If any of the covenants contained in Sections 4, 5, 6 6, 7 and 7 8 hereof, or any part thereof, are hereafter construed to be invalid or unenforceable, then the same shall not affect the remainder of the covenant or covenants, which shall be given full effect without regard to the invalid portions. (c) If any of the covenants contained in Sections 4, 5, 6 6, 7 and 7 8 hereof, or any part thereof, are held to be unenforceable by a court of competent jurisdiction because of the temporal or geographic scope of such provision or the area covered thereby, then the parties agree that the court making such determination shall have the power to reduce the duration and/or geographic area of such provision and, in its reduced form, such provision shall be enforceable.

Appears in 4 contracts

Samples: Consulting Agreement (Inter Parfums Inc), Consulting Agreement (Inter Parfums Inc), Consulting Agreement (Inter Parfums Inc)

Provisions Necessary and Reasonable. (a) The Executive agrees that (i) the provisions of Sections 4, 5, 6 and 7 of this Agreement Section 3 are necessary and reasonable to protect the Company's Confidential Information’s confidential information, Inventionsinventions, and goodwill; (ii) the specific temporal, geographic and substantive provisions set forth in Section 6 of this Agreement are reasonable and necessary to protect the Company's ’s business interests in part because the Company's business is international in scopeinterests; and (iii) in the event of any breach of any of the covenants set forth herein, the Company would suffer substantial irreparable harm and would not have an adequate remedy at law for such breach. In recognition of the foregoing, the Executive agrees that in the event of a breach or threatened breach of any of these covenants, in addition to such other remedies as the Company may have at law, without posting any bond or security, the Company shall be entitled to seek and obtain equitable relief, in the form of specific performance, and/or temporary, preliminary or permanent injunctive relief, or any other equitable remedy which then may be available. The seeking of such injunction or order shall not affect the Company's ’s right to seek and obtain damages or other equitable relief on account of any such actual or threatened breach. (b) If any of the covenants contained in Sections 4, 5, 6 and 7 Section 1 hereof, or any part thereof, are hereafter construed to be invalid or unenforceable, the same shall not affect the remainder of the covenant or covenants, which shall be given full effect without regard to the invalid portions. (c) If any of the covenants contained in Sections 4, 5, 6 and 7 Section 1 hereof, or any part thereof, are held to be unenforceable by a court of competent jurisdiction because of the temporal or geographic scope of such provision or the area covered thereby, the parties agree that the court making such determination shall have the power to reduce the duration and/or geographic area of such provision and, in its reduced form, such provision shall be enforceable.

Appears in 4 contracts

Samples: Employment Agreement (Star Equity Holdings, Inc.), Employment Agreement (Star Equity Holdings, Inc.), Employment Agreement (Star Equity Holdings, Inc.)

Provisions Necessary and Reasonable. (a) The Executive agrees that (i) the provisions of Sections 4, 5, 5 and 6 and 7 of this Agreement are necessary and reasonable to protect the Company's Confidential Information, Inventions, and goodwill; (ii) the specific temporal, geographic and substantive provisions set forth in Section 6 of this Agreement are reasonable and necessary to protect the Company's business interests in part because the Company's business is international in scopeinterests; and (iii) in the event of any breach of any of the covenants set forth herein, the Company would suffer substantial irreparable harm and would not have an adequate remedy at law for such breach. In recognition of the foregoing, the Executive agrees that in the event of a breach or threatened breach of any of these covenants, in addition to such other remedies as the Company may have at law, without posting any bond or security, the Company shall be entitled to seek and obtain equitable relief, in the form of specific performance, and/or temporary, preliminary or permanent injunctive relief, or any other equitable remedy which then may be available. The seeking of such injunction or order shall not affect the Company's right to seek and obtain damages or other equitable relief on account of any such actual or threatened breach. (b) If any of the covenants contained in Sections 4, 5, 5 and 6 and 7 hereof, or any part thereof, are hereafter construed to be invalid or unenforceable, the same shall not affect the remainder of the covenant or covenants, which shall be given full effect without regard to the invalid portions. (c) If any of the covenants contained in Sections 4, 5, 5 and 6 and 7 hereof, or any part thereof, are held to be unenforceable by a court of competent jurisdiction because of the temporal or geographic scope of such provision or the area covered thereby, the parties agree that the court making such determination shall have the power to reduce the duration and/or geographic area of such provision and, in its reduced form, such provision shall be enforceable. (d) For purposes of Sections 4, 5 and 6 hereof, the "Company" shall mean Jupiter Communications, Inc. before the closing of the Merger, and Media Metrix and Jupiter Communications, Inc., and their respective subsidiaries, upon the closing of the Merger and thereafter.

Appears in 3 contracts

Samples: Employment Agreement (Jupiter Media Metrix Inc), Employment Agreement (Jupiter Media Metrix Inc), Employment Agreement (Jupiter Media Metrix Inc)

Provisions Necessary and Reasonable. (a) The Executive agrees that that (i) the provisions of Sections 4, 5, 6 and 7 of this Agreement are necessary and reasonable to protect the Company's Confidential Information, Inventions, and goodwill; ; (ii) the specific temporal, geographic and substantive provisions set forth in Section 6 of this Agreement are reasonable and necessary to protect the Company's business interests in part because the Company's business is international in scope; and and (iii) in the event of any breach of any of the covenants set forth herein, the Company would suffer substantial irreparable harm and would not have an adequate remedy at law for such breach. In recognition of the foregoing, the Executive agrees that in the event of a breach or threatened breach of any of these covenants, in addition to such other remedies as the Company may have at law, without posting any bond or security, the Company shall be entitled to seek and obtain equitable relief, in the form of specific performance, and/or temporary, preliminary or permanent injunctive relief, or any other equitable remedy which then may be available. The seeking of such injunction or order shall not affect the Company's right to seek and obtain damages or other equitable relief on account of any such actual or threatened breach. (b) If any of the covenants contained in Sections 4, 5, 6 and 7 hereof, or any part thereof, are is hereafter construed to be invalid or unenforceable, the same shall not affect the remainder of the covenant or covenants, which shall be given full effect without regard to the invalid portions. (c) If any of the covenants contained in Sections 4, 5, 6 and 7 hereof, or any part thereof, are is held to be unenforceable by a court of competent jurisdiction because of the temporal or geographic scope of such provision or the area covered thereby, the parties Parties agree that the court making such determination shall have the power to reduce the duration and/or geographic area of such provision and, in its reduced form, such provision shall be enforceable.

Appears in 2 contracts

Samples: Employment Agreement (Predictive Systems Inc), Employment Agreement (Predictive Systems Inc)

Provisions Necessary and Reasonable. (a) The Executive Employee agrees that (ia) the provisions of Sections 4, 5, 6 and 7 8 of this Agreement are necessary and reasonable to protect the Company's Confidential Information, Inventions, ’s confidential information and goodwill; (iib) the specific temporal, geographic geographic, and substantive provisions set forth in Section 6 of Exhibit A of this Agreement are reasonable and necessary to protect the Company's ’s legitimate business interests in part because the Company's business is international in scopeinterests; and (iiic) in the event of any breach of any of the covenants set forth herein, the Company would suffer substantial irreparable harm and would not have an adequate remedy at law for such breach. In recognition of the foregoing, the Executive Employee agrees that in the event of a breach or threatened breach of any of these covenants, in addition to such other remedies as the Company may have at law, without posting any bond or security, the Company shall be entitled to seek and obtain equitable relief, in the form of specific performance, and/or temporary, preliminary preliminary, or permanent injunctive relief, or any other equitable remedy which that then may be available. The seeking of such an injunction or order shall not affect the Company's ’s right to seek and obtain damages or other equitable relief on account of any such actual or threatened breach. (b) . If any of the covenants contained in Sections 44 (incorporating Exhibit A), 5, 6 and 7 hereof, or any part thereof, are hereafter construed to be invalid or unenforceable, the same shall not affect the remainder of the covenant or covenants, which shall be given full effect without regard to the invalid portions. (c) If any of the covenants contained in Sections 4, 5, 6 and 7 8 hereof, or any part thereof, are held to be unenforceable by a court of competent jurisdiction because of the temporal length of time, area covered, or geographic scope of such provision or the area activity covered thereby, the parties Parties agree that the court making such a determination shall have the power to reduce adjust, reduce, or otherwise reform any such covenant to the duration and/or geographic area extent necessary to cure any invalidity and to the protect the interests of such provision andthe Company to the fullest extent of the law; that the area, in its reduced formtime period, and scope of activity restricted shall be the maximum area, time period, and scope of activity the court deems valid and enforceable; and that as reformed, such provision covenant shall then be enforceableenforced.

Appears in 2 contracts

Samples: Stock Option Agreement and General Release (Wellcare Health Plans, Inc.), Separation Agreement (Wellcare Health Plans, Inc.)

Provisions Necessary and Reasonable. (a) The Executive agrees that (i) ----------------------------------- the provisions of Sections 47, 58, 6 9 and 7 10 of this Agreement are necessary and reasonable to protect the Company's Confidential Information, Inventions, and goodwill; (ii) the specific temporal, geographic and substantive provisions set forth in Section 6 9 of this Agreement are reasonable and necessary to protect the Company's business interests in part because the Company's business is international in scopeinterests; and (iii) in the event of any breach of any of the covenants set forth herein, the Company would suffer substantial irreparable harm and would not have an adequate remedy at law for such breach. In recognition of the foregoing, the Executive agrees that in the event of a breach or threatened breach of any of these covenants, in addition to such other remedies as the Company may have at law, without posting any bond or security, the Company shall be entitled to seek and obtain equitable relief, in the form of specific performance, and/or temporary, preliminary or permanent injunctive relief, or any other equitable remedy which then may be available. The seeking of such injunction or order shall not affect the Company's right to seek and obtain damages or other equitable relief on account of any such actual or threatened breach. (ba) If any of the covenants contained in Sections 47, 58, 6 9 and 7 10 hereof, or any part thereof, are hereafter construed to be invalid or unenforceable, the same shall not affect the remainder of the covenant or covenants, which shall be given full effect without regard to the invalid portions. (cb) If any of the covenants contained in Sections 47, 58, 6 9 and 7 10 hereof, or any part thereof, are held to be unenforceable by a court of competent jurisdiction because of the temporal or geographic scope of such provision or the area covered thereby, the parties agree that the court making such determination shall have the power to reduce the duration and/or geographic area of such provision and, in its reduced form, such provision shall be enforceable.

Appears in 2 contracts

Samples: Employment Agreement (O2diesel Corp), Employment Agreement (O2diesel Corp)

Provisions Necessary and Reasonable. (a) The Executive agrees that (i) the provisions of Sections 4, 5, 6 4 and 7 5 of this Agreement are necessary and reasonable to protect the Company's Confidential Information, Inventions, and goodwill; (ii) the specific temporal, geographic and substantive provisions set forth in Section 6 4 of this Agreement are reasonable and necessary to protect the Company's business interests in part because the Company's business is international in scopeinterests; and (iii) in the event of any breach of any of the covenants set forth herein, the Company would suffer substantial irreparable harm and would not have an adequate remedy at law for such breach. In recognition of the foregoing, the Executive agrees that in the event of a breach or threatened breach of any of these covenants, in addition to such other remedies as the Company may have at law, without posting any bond or security, the Company shall be entitled to seek and obtain equitable relief, in the form of specific performance, and/or temporary, preliminary or permanent injunctive relief, or any other equitable remedy which then may be available. The seeking of such injunction or order shall not affect the Company's right to seek and obtain damages or other equitable relief on account of any such actual or threatened breach. (b) If any of the covenants contained in Sections 4, 5, 6 4 and 7 5 hereof, or any part thereof, are hereafter construed to be invalid or unenforceable, the same shall not affect the remainder of the covenant or covenants, which shall be given full effect without regard to the invalid portions. (c) If any of the covenants contained in Sections 4, 5, 6 4 and 7 5 hereof, or any part thereof, are held to be unenforceable by a court of competent jurisdiction because of the temporal or geographic scope of such provision or the area covered thereby, the parties agree that the court making such determination shall have the power to reduce the duration and/or geographic area of such provision and, in its reduced form, such provision shall be enforceable.

Appears in 2 contracts

Samples: Employment Agreement (Liveperson Inc), Stock Purchase Agreement (Liveperson Inc)

Provisions Necessary and Reasonable. (a) The Executive agrees that (i) the provisions of Sections 4, 5, 6 10 and 7 11 of this Agreement are necessary and reasonable to protect the Company's Confidential Information, Inventions, and goodwill; (ii) the specific temporal, geographic and substantive provisions set forth in Section 6 12 of this Agreement are reasonable and necessary to protect the Company's business interests in part because the Company's business is international in scopeinterests; and (iii) in the event of any breach of any of the covenants set forth herein, the Company would suffer substantial irreparable harm and would not have an adequate remedy at law for such breach. In recognition of the foregoing, the Executive agrees that in the event of a breach or threatened breach of any of these covenants, in addition to such other remedies as the Company may have at law, without posting any bond or security, the Company shall be entitled to seek and obtain equitable relief, in the form of specific performance, and/or temporary, preliminary or permanent injunctive relief, or any other equitable remedy which then may be available. The seeking of such injunction or order shall not affect the Company's right to seek and obtain damages or other equitable relief on account of any such actual or threatened breach. (b) If any of the covenants contained in Sections 4, 5, 6 10 and 7 11 hereof, or any part thereof, are hereafter construed to be invalid or unenforceable, the same shall not affect the remainder of the covenant or covenants, which shall be given full effect without regard to the invalid portions. (c) If any of the covenants contained in Sections 4, 5, 6 10 and 7 11 hereof, or any part thereof, are held to be unenforceable by a court of competent jurisdiction because of the temporal or geographic scope of such provision or the area covered thereby, the parties agree that the court making such determination shall have the power to reduce the duration and/or geographic area of such provision and, in its reduced form, such provision shall be enforceable.

Appears in 2 contracts

Samples: Employment Agreement (Novametrix Medical Systems Inc), Employment Agreement (Novametrix Medical Systems Inc)

Provisions Necessary and Reasonable. (a) The Executive agrees that (i) the provisions of Sections 4, 5, 6 and 7 of this Agreement are necessary and reasonable to protect the Company's Confidential Information, Inventions, and goodwill; (ii) the specific temporal, geographic and substantive provisions set forth in Section 6 of this Agreement are reasonable and necessary to protect the Company's business interests in part because the Company's business is international in scopeinterests; and (iii) in the event of any breach of any of the covenants set forth herein, the Company would suffer substantial irreparable harm and would not have an adequate remedy at law for such breach. In recognition of the foregoing, the Executive agrees that in the event of a breach or threatened breach of any of these covenants, in addition to such other remedies as the Company may have at law, without posting any bond or security, the Company shall be entitled to seek and obtain equitable relief, in the form of specific performance, and/or temporary, preliminary or permanent injunctive relief, or any other equitable remedy which then may be available. The seeking of such injunction or order shall not affect the Company's right to seek and obtain damages or other equitable relief on account of any such actual or threatened breach. (b) If any of the covenants contained in Sections 4, 5, 6 and 7 hereof, or any part thereof, are hereafter construed to be invalid or unenforceable, the same shall not affect the remainder of the covenant or covenants, which shall be given full effect without regard to the invalid portions. (c) If any of the covenants contained in Sections 4, 5, 6 and 7 hereof, or any part thereof, are held to be unenforceable by a court of competent jurisdiction because of the temporal or geographic scope of such provision or the area covered thereby, the parties agree that the court making such determination shall have the power to reduce the duration and/or geographic area of such provision and, in its reduced form, such provision shall be enforceable.

Appears in 2 contracts

Samples: Employment Agreement (Predictive Systems Inc), Employment Agreement (Predictive Systems Inc)

Provisions Necessary and Reasonable. (a) The Executive agrees that (i) the provisions of Sections 4, 5, 5 and 6 and 7 of this Agreement are necessary and reasonable to protect the Company's Confidential Information, Inventions, and goodwill; (ii) the specific temporal, geographic and substantive provisions set forth in Section 6 of this Agreement are reasonable and necessary to protect the Company's business interests in part because the Company's business is international in scopeinterests; and (iii) in the event of any breach of any of the covenants set forth herein, the Company would suffer substantial irreparable harm and would not have an adequate remedy at law for such breach. In recognition of the foregoing, the Executive agrees that in the event of a breach or threatened breach of any of these covenants, in addition to such other remedies as the Company may have at law, without posting any bond or security, the Company shall be entitled to seek and obtain equitable relief, in the form of specific performance, and/or temporary, preliminary or permanent injunctive relief, or any other equitable remedy which then may be available. The seeking of such injunction or order shall not affect the Company's right to seek and obtain damages or other equitable relief on account of any such actual or threatened breach. (b) If any of the covenants contained in Sections 4, 5, 5 and 6 and 7 hereof, or any part thereof, are hereafter construed to be invalid or unenforceable, the same shall not affect the remainder of the covenant or covenants, which shall be given full effect without regard to the invalid portions. (c) If any of the covenants contained in Sections 4, 5, 5 and 6 and 7 hereof, or any part thereof, are held to be unenforceable by a court of competent jurisdiction because of the temporal or geographic scope of such provision or the area covered thereby, the parties agree that the court making such determination shall have the power to reduce the duration and/or geographic area of such provision and, in its reduced form, such provision shall be enforceable.

Appears in 1 contract

Samples: Employment Agreement (Jupiter Media Metrix Inc)

Provisions Necessary and Reasonable. (a) The Executive agrees that (i) the provisions of Sections 4, 5, 6 7 and 7 8 of this Agreement are necessary and reasonable to protect the Company's ’s Confidential Information, Inventions, and goodwill; (ii) the specific temporal, geographic and substantive provisions set forth in Section 6 8 of this Agreement are reasonable and necessary to protect the Company's ’s business interests in part because the Company's business is international in scopeinterests; and (iii) in the event of any breach of any of the covenants set forth herein, the Company would suffer substantial irreparable harm and would not have an adequate remedy at law for such breach. In recognition of the foregoing, the Executive agrees that in the event of a breach or threatened breach of any of these covenants, in addition to such other remedies as the Company may have at law, without posting any bond or security, the Company shall be entitled to seek and obtain equitable relief, in the form of specific performance, and/or temporary, preliminary or permanent injunctive relief, or any other equitable remedy which then may be available. The seeking of such injunction or order shall not affect the Company's ’s right to seek and obtain damages or other equitable relief on account of any such actual or threatened breach. (b) If any of the covenants contained in Sections 4, 5, 6 and 7 7or 8 hereof, or any part thereof, are hereafter construed to be invalid or unenforceable, the same shall not affect the remainder of the covenant or covenants, which shall be given full effect without regard to the invalid portions. (c) If any of the covenants contained in Sections 4, 5, 6 and 7 7or 8 hereof, or any part thereof, are held to be unenforceable by a court of competent jurisdiction because of the temporal or geographic scope of such provision or the area covered thereby, the parties agree that the court making such determination shall have the power to reduce the duration and/or geographic area of such provision and, in its reduced form, such provision shall be enforceable.

Appears in 1 contract

Samples: Employment Agreement (Wako Logistics Group Inc)

Provisions Necessary and Reasonable. (a) The Executive agrees that (i) the provisions of Sections 4, 5, 6 and 7 of this Agreement are necessary and reasonable to protect the Company's Confidential Information, Inventions, and goodwill; (ii) the specific temporal, geographic and substantive provisions set forth in Section 6 of this Agreement are reasonable and necessary to protect the Company's business interests in part because the Company's business is international in scopeinterests; and (iii) in the event of any breach of any of the covenants set forth herein, the Company would suffer substantial irreparable harm and would not have an adequate remedy at law for such breach. In recognition of the foregoing, the Executive agrees that in the event of a breach or threatened breach of any of these covenants, in addition to such other remedies as the Company may have at law, without posting any bond or security, the Company shall be entitled to seek and obtain equitable relief, in the form of specific performance, and/or temporary, preliminary or permanent injunctive relief, or any other equitable remedy which then may be available. The seeking of such injunction or order shall not affect the Company's right to seek and obtain damages or other equitable relief on account of any such actual or threatened breach. (ba) If any of the covenants contained in Sections 4, 5, 6 and 7 hereof, or any part thereof, are hereafter construed to be invalid or unenforceable, the same shall not affect the remainder of the covenant or covenants, which shall be given full effect without regard to the invalid portions. (cb) If any of the covenants contained in Sections 4, 5, 6 and 7 hereof, or any part thereof, are held to be unenforceable by a court of competent jurisdiction because of the temporal or geographic scope of such provision or the area covered thereby, the parties agree that the court making such determination shall have the power to reduce the duration and/or geographic area of such provision and, in its reduced form, such provision shall be enforceable.

Appears in 1 contract

Samples: Employment Agreement (Register Com Inc)

Provisions Necessary and Reasonable. (a) The Executive agrees You agree that (i) the provisions of Sections 47, 5, 6 8 and 7 9 of this Agreement agreement are necessary and reasonable to protect the Company's Confidential Information, Inventions, and goodwill; (ii) the specific temporal, geographic and substantive provisions set forth in Section 6 9 of this Agreement letter agreement are reasonable and necessary to protect the Company's business interests in part because the Company's business is international in scopeinterests; and (iii) in the event of any breach of any of the covenants set forth herein, the Company would suffer substantial irreparable harm and would not have an adequate remedy at law for such breach. In recognition of the foregoing, the Executive agrees you agree that in the event of a breach or threatened breach of any of these covenants, in addition to such other remedies as the Company may have at law, without posting any bond or security, the Company shall be entitled to seek and obtain equitable relief, in the form of specific performance, and/or temporary, preliminary or permanent injunctive relief, or any other equitable remedy which then may be available. The seeking of such injunction or order shall not affect the Company's right to seek and obtain damages or other equitable relief on account of any such actual or threatened breach. (ba) If any of the covenants contained in Sections 47, 5, 6 8 and 7 9 hereof, or any part thereof, are hereafter construed to be invalid or unenforceable, the same shall not affect the remainder of the covenant or covenants, which shall be given full effect without regard to the invalid portions. (cb) If any of the covenants contained in Sections 47, 5, 6 8 and 7 9 hereof, or any part thereof, are held to be unenforceable by a court of competent jurisdiction because of the temporal or geographic scope of such provision or the area covered thereby, the parties agree that the court making such determination shall have the power to reduce the duration and/or geographic area of such provision and, in its reduced form, such provision shall be enforceable.

Appears in 1 contract

Samples: Employment Agreement (Register Com Inc)

Provisions Necessary and Reasonable. (a) The Executive agrees that (i) the provisions of Sections 4, 5, 6 5 and 7 of this Agreement are necessary and reasonable to protect the Company's Confidential Information, Inventions, and goodwill; and (ii) the specific temporal, geographic and substantive provisions set forth in Section 6 of this Agreement are reasonable and necessary to protect the Company's business interests in part because the Company's business is international in scope; and (iii) in the event of any breach of any of the covenants set forth herein, the Company and the Subsidiary would suffer substantial irreparable harm and would not have an adequate remedy at law for such breach. In recognition of the foregoing, the Executive agrees that in the event of a breach or threatened breach of any of these covenants, in addition to such other remedies as the Company and the Subsidiary may have at law, without posting any bond or security, the Company or the Subsidiary shall be entitled to seek and obtain equitable relief, in the form of specific performance, and/or temporary, preliminary or permanent injunctive relief, or any other equitable remedy which then may be available. The seeking of such injunction or order shall not affect the Company's right of the Company or the Subsidiary to seek and obtain damages or other equitable relief on account of any such actual or threatened breach. (b) If any of the covenants contained in Sections 4, 5, 6 5 and 7 hereof, or any part thereof, are hereafter construed to be invalid or unenforceable, the same shall not affect the remainder of the covenant or covenants, which shall be given full effect without regard to the invalid portions. (c) If any of the covenants contained in Sections 4, 5, 6 5 and 7 hereof, or any part thereof, are held to be unenforceable by a court of competent jurisdiction because of the temporal or geographic scope of such provision or the area covered thereby, the parties agree that the court making such determination shall have the power to reduce the duration and/or geographic area of such provision and, in its reduced form, such provision shall be enforceable.

Appears in 1 contract

Samples: Employment Agreement (Inter Parfums Inc)

Provisions Necessary and Reasonable. (a) The Executive agrees that (i) the provisions of Sections 48, 59, 6 and 7 10 of this Agreement are necessary and reasonable to protect WLG’s and the Company's ’s Confidential Information, Inventions, and goodwill; (ii) the specific temporal, geographic and substantive provisions set forth in Section 6 10 of this Agreement are reasonable and necessary to protect WLG’s and the Company's ’s business interests in part because the Company's business is international in scopeinterests; and (iii) in the event of any breach of any of the covenants set forth herein, WLG or the Company would suffer substantial irreparable harm and would not have an adequate remedy at law for such breach. In recognition of the foregoing, the Executive agrees that in the event of a breach or threatened breach of any of these covenants, in addition to such other remedies as WLG or the Company may have at law, without posting any bond or security, WLG or the Company shall be entitled to seek and obtain equitable relief, in the form of specific performance, and/or temporary, preliminary or permanent injunctive relief, or any other equitable remedy which then may be available. The seeking of such injunction or order shall not affect WLG’s or the Company's ’s right to seek and obtain damages or other equitable relief on account of any such actual or threatened breach. (ba) If any of the covenants contained in Sections 48, 59, 6 and 7 10 hereof, or any part thereof, are hereafter construed to be invalid or unenforceable, the same shall not affect the remainder of the covenant or covenants, which shall be given full effect without regard to the invalid portions. (cb) If any of the covenants contained in Sections 48, 59, 6 and 7 10 hereof, or any part thereof, are held to be unenforceable by a court of competent jurisdiction because of the temporal or geographic scope of such provision or the area covered thereby, the parties agree that the court making such determination shall have the power to reduce the duration and/or geographic area of such provision and, in its reduced form, such provision shall be enforceable.

Appears in 1 contract

Samples: Employment Agreement (Wako Logistics Group Inc)

Provisions Necessary and Reasonable. (a) The Executive agrees that (i) the provisions of Sections 4, 5, 6 and 7 of this Agreement are necessary and reasonable to protect the Company's ’s Confidential Information, Inventions, and goodwill; (ii) the any and all specific temporal, geographic and substantive provisions set forth in Section 6 of this Agreement are reasonable and necessary to protect the Company's ’s business interests in part because the Company's business is international in scopeinterests; and (iii) in the event of any breach of any of the covenants set forth herein, the Company would suffer substantial irreparable harm and would not have an adequate remedy at law for such breach. In recognition of the foregoing, the Executive agrees that in the event of a breach or threatened breach of any of these covenants, in addition to such other remedies as the Company may have at law, without posting any bond or security, the Company shall be entitled to seek and obtain equitable relief, in the form of specific performance, and/or temporary, preliminary or permanent injunctive relief, or any other equitable remedy which then may be available. The seeking of such injunction or order shall not affect the Company's ’s right to seek and obtain damages or other equitable relief on account of any such actual or threatened breach. (b) If any of the covenants contained in Sections 4, 5, 6 and 7 hereof, or any part thereof, are hereafter construed to be invalid or unenforceable, the same shall not affect the remainder of the covenant or covenants, which shall be given full effect without regard to the invalid portions. (c) If any of the covenants contained in Sections 4, 5, 6 and 7 hereof, or any part thereof, are held to be unenforceable by a court of competent jurisdiction because of the temporal or geographic scope of such provision or the area covered thereby, the parties agree that the court making such determination shall have the power to reduce the duration and/or geographic area of such provision and, in its reduced form, such provision shall be enforceable.

Appears in 1 contract

Samples: Employment Agreement (Nexx Systems Inc)

Provisions Necessary and Reasonable. (a) The Executive agrees that (i) the provisions of Sections 4, 5, 6 11 and 7 12 of this Agreement are necessary and reasonable to protect the Company's Confidential Information, Inventions, and goodwill; (ii) the specific temporal, geographic and substantive provisions set forth in Section 6 13 of this Agreement are reasonable and necessary to protect the Company's business interests in part because the Company's business is international in scopeinterests; and (iii) in the event of any breach of any of the covenants set forth herein, the Company would suffer substantial irreparable harm and would not have an adequate remedy at law for such breach. In recognition of the foregoing, the Executive agrees that in the event of a breach or threatened breach of any of these covenants, in addition to such other remedies as the Company may have at law, without posting any bond or security, the Company shall be entitled to seek and obtain equitable relief, in the form of specific performance, and/or temporary, preliminary or permanent injunctive relief, or any other equitable remedy which then may be available. The seeking of such injunction or order shall not affect the Company's right to seek and obtain damages or other equitable relief on account of any such actual or threatened breach. (b) If any of the covenants contained in Sections 4, 5, 6 11 and 7 12 hereof, or any part thereof, are hereafter construed to be invalid or unenforceable, the same shall not affect the remainder of the covenant or covenants, which shall be given full effect without regard to the invalid portions. (c) If any of the covenants contained in Sections 4, 5, 6 11 and 7 12 hereof, or any part thereof, are held to be unenforceable by a court of competent jurisdiction because of the temporal or geographic scope of such provision or the area covered thereby, the parties agree that the court making such determination shall have the power to reduce the duration and/or geographic area of such provision and, in its reduced form, such provision shall be enforceable.

Appears in 1 contract

Samples: Employment Agreement (Novametrix Medical Systems Inc)

Provisions Necessary and Reasonable. (a) The Executive agrees that (i) the provisions of Sections 4, 5, 6 and 7 of this Agreement are necessary and reasonable to protect the Company's Confidential Information, Inventions, and goodwill; (ii) the any and all specific temporal, geographic and substantive provisions set forth in Section 6 of this Agreement are reasonable and necessary to protect the Company's business interests in part because the Company's business is international in scopeinterests; and (iii) in the event of any breach of any of the covenants set forth herein, the 6 Company would suffer substantial irreparable harm and would not have an adequate remedy at law for such breach. In recognition of the foregoing, the Executive agrees that in the event of a breach or threatened breach of any of these covenants, in addition to such other remedies as the Company may have at law, without posting any bond or security, the Company shall be entitled to seek and obtain equitable relief, in the form of specific performance, and/or temporary, preliminary or permanent injunctive relief, or any other equitable remedy which then may be available. The seeking of such injunction or order shall not affect the Company's right to seek and obtain damages or other equitable relief on account of any such actual or threatened breach. (b) If any of the covenants contained in Sections 4, 5, 6 and 7 hereof, or any part thereof, are hereafter construed to be invalid or unenforceable, the same shall not affect the remainder of the covenant or covenants, which shall be given full effect without regard to the invalid portions. (c) If any of the covenants contained in Sections 4, 5, 6 and 7 hereof, or any part thereof, are held to be unenforceable by a court of competent jurisdiction because of the temporal or geographic scope of such provision or the area covered thereby, the parties agree that the court making such determination shall have the power to reduce the duration and/or geographic area of such provision and, in its reduced form, such provision shall be enforceable. (d) The parties hereto intend to and hereby confer jurisdiction to enforce the covenants contained in Sections 4, 5, 6 and 7 hereof upon the courts of any state within the geographical scope of such covenants. In the event that the courts of any one or more of such states shall hold any such covenant wholly unenforceable by reason of the breadth of such scope or otherwise, it is the intention of the parties hereto that such determination not bar or in any way affect the Company's right to the relief provided above in the courts of any other states within the geographic scope of such other covenants, as to breaches of such covenants in such other respective jurisdictions, the above covenants as they relate to each state being, for this purpose, severable into diverse and independent covenants.

Appears in 1 contract

Samples: Employment Agreement (E Sync Networks Inc)

Provisions Necessary and Reasonable. (a) The Executive agrees that (i) the provisions of Sections 47, 58, 6 9 and 7 10 of this Agreement are necessary and reasonable to protect the Company's ’s Confidential Information, Inventions, and goodwill; (ii) the specific temporal, geographic temporal and substantive provisions set forth in Section 6 9 of this Agreement are reasonable and necessary to protect the Company's ’s business interests in part because the Company's business is international in scopeinterests; and (iii) in the event of any breach of any of the covenants set forth herein, the Company would suffer substantial irreparable harm and would not have an adequate remedy at law for such breach. In recognition of the foregoing, the Executive agrees that in the event of a breach or threatened breach of any of these covenants, in addition to such other remedies as the Company may have at law, without posting any bond or security, the Company shall be entitled to seek and obtain equitable relief, in the form of specific performance, and/or temporary, preliminary or permanent injunctive relief, or any other equitable remedy which then may be available. The seeking of such injunction or order shall not affect the Company's ’s right to seek and obtain damages or other equitable relief on account of any such actual or threatened breach. (ba) If any of the covenants contained in Sections 47, 58, 6 9 and 7 10 hereof, or any part thereof, are hereafter construed to be invalid or unenforceable, the same shall not affect the remainder of the covenant or covenants, which shall be given full effect without regard to the invalid portions. (cb) If any of the covenants contained in Sections 47, 58, 6 9 and 7 10 hereof, or any part thereof, are held to be unenforceable by a court of competent jurisdiction because of the temporal or geographic scope of such provision or the area covered thereby, the parties agree that the court making such determination shall have the power to reduce the duration and/or geographic area of such provision and, in its reduced form, such provision shall be enforceable.

Appears in 1 contract

Samples: Employment Agreement (O2diesel Corp)

Provisions Necessary and Reasonable. (a) The Executive agrees that (i) the provisions of Sections 4, 5, 6 and 7 of this Agreement are necessary and reasonable to protect the Company's Confidential Information, Inventions, and goodwill; (ii) the specific temporal, geographic and substantive provisions set forth in Section 6 of this Agreement are reasonable and necessary to protect the Company's business interests in part because the Company's business is international in scopeinterests; and (iii) in the event of any breach of any of the covenants set forth herein, the Company would suffer substantial irreparable harm and would not have an adequate remedy at law for such breach. In recognition of the foregoing, the Executive agrees that in the event of a breach or threatened breach of any of these covenants, in addition to such other remedies as the Company may have at law, without posting any bond or security, the Company shall be entitled to seek and obtain equitable relief, in the form of specific performance, and/or temporary, preliminary or permanent injunctive relief, or any other equitable remedy which then may be available. The seeking of such injunction or order shall not affect the Company's right to seek and obtain damages or other equitable relief on account of any such actual or threatened breach. (b) If any of the covenants contained in Sections 4, 5, 6 and 7 hereof, or any part thereof, are hereafter construed to be invalid or unenforceable, the same shall not affect the remainder of the covenant or covenants, which shall be given full effect without regard to the invalid portions. (c) If any of the covenants contained in Sections 4, 5, 6 and 7 hereof, or any part thereof, are held to be unenforceable by a court of competent jurisdiction because of the temporal or geographic scope of such provision or the area covered thereby, the parties agree that the court making such determination shall have the power to reduce the duration and/or geographic area of such provision and, in its reduced form, such provision shall be enforceable. (d) The parties hereto intend to and hereby confer jurisdiction to enforce the covenants contained in Sections 4, 5, 6 and 7 hereof upon the courts of any state within the geographical scope of such covenants. In the event that the courts of any one or more of such states shall hold any such covenant wholly unenforceable by reason of the breadth of such scope or otherwise, it is the intention of the parties hereto that such determination not bar or in any way affect the Company's right to the relief provided above in the courts of any other states within the geographic scope of such other covenants, as to breaches of such covenants in such other respective jurisdictions, the above covenants as they relate to each state being, for this purpose, severable into diverse and independent covenants.

Appears in 1 contract

Samples: Employment Agreement (Bolt Inc)

AutoNDA by SimpleDocs

Provisions Necessary and Reasonable. (aA) The Executive agrees that that: (i) the provisions of Sections 4, 5, 6 and 7 of this Agreement are necessary and reasonable to protect the Company's Confidential Information, Inventions, and goodwill; (ii) the specific temporal, geographic temporal and substantive provisions set forth in Section 6 5.1 of this Agreement are reasonable and necessary to protect the Company's business interests in part because the Company's business is international in scopeinterests; and and (iiiii) in the event of any breach of any of the covenants set forth in Sections 5.1 and 5.2 herein, the Company would suffer substantial irreparable harm and would not have an adequate remedy at law for such breach. In recognition of the foregoing, the Executive agrees that that, in the event of a breach or threatened breach of any of these covenants, in addition to such other remedies as the Company may have at law, without posting any bond or security, Anteon shall be entitled to recover the Unearned Portion of any Extended Compensation Payment made pursuant to Section 3 of this Agreement (calculated as provided in Section 3.2 hereof), and the Company further shall be entitled to seek and obtain equitable relief, in the form of specific performance, and/or temporary, preliminary or permanent injunctive relief, or any other equitable remedy which then may be available. The seeking of such injunction or order shall not affect the Company's right to seek and obtain damages or other equitable relief on account of any such actual or threatened breach. (bB) If any of the covenants contained in Sections 4, 5, 6 and 7 5.1 or 5.2 hereof, or any part thereof, are hereafter construed to be invalid or unenforceable, the same shall not affect the remainder of the covenant or covenants, which shall be given full effect without regard to the invalid portions. (cC) If any of the covenants contained in Sections 4, 5, 6 and 7 5.1 or 5.2 hereof, or any part thereof, are held to be unenforceable by a court of competent jurisdiction because of the temporal or geographic scope of such provision or the area covered thereby, the parties agree that the court making such determination shall have the power to reduce the duration and/or geographic area of such provision and, in its reduced form, such provision shall be enforceable.

Appears in 1 contract

Samples: Executive Agreement (Anteon International Corp)

Provisions Necessary and Reasonable. (a) The Executive Distributor agrees that (i) the provisions of Sections 4, 5, 6 5.17 and 7 5.18 of this Agreement are necessary and reasonable to protect the Company's ’s Confidential Information, Inventions, and goodwill; (ii) the specific temporal, geographic and substantive provisions set forth in Section 6 5.19 of this Agreement are reasonable and necessary to protect the Company's ’s business interests in part because the Company's business is international in scopeinterests; and (iii) in the event of any breach of any of the covenants set forth herein, the Company would suffer substantial irreparable harm and would not have an adequate remedy at law for such breach. In recognition of the foregoing, the Executive Distributor agrees that in the event of a breach or threatened breach of any of these covenants, in addition to such other remedies as the Company may have at law, without posting any bond or security, the Company shall be entitled to seek and obtain equitable relief, in the form of specific performance, and/or temporary, preliminary or permanent injunctive relief, or any other equitable remedy which then may be available. The seeking of such injunction or order shall not affect the Company's ’s right to seek and obtain damages or other equitable relief on account of any such actual or threatened breach. (b) If any of the covenants contained in Sections 4, 5, 6 5.17 and 7 5.18 hereof, or any part thereof, are hereafter construed to be invalid or unenforceable, the same shall not affect the remainder of the covenant or covenants, which shall be given full effect without regard to the invalid portions. (c) If any of the covenants contained in Sections 4, 5, 6 5.17 and 7 5.18 hereof, or any part thereof, are held to be unenforceable by a court of competent jurisdiction because of the temporal or geographic scope of such provision or the area covered thereby, then the parties agree that the court making such determination shall have the power to reduce the duration and/or geographic area of such provision and, in its reduced form, such provision shall be enforceable.

Appears in 1 contract

Samples: License Agreement (Inter Parfums Inc)

Provisions Necessary and Reasonable. (ai) The Executive agrees that (iA) the provisions of Sections 411(a), 5, 6 11(b) and 7 11(c) of this Agreement are necessary and reasonable to protect the Company's ’s Confidential Information, Inventions, and goodwill; (iiB) the specific temporal, geographic and substantive provisions set forth in Section 6 11(c) of this Agreement are reasonable and necessary to protect the Company's ’s business interests in part because the Company's ’s business is international in scope; and (iiiC) in the event of any breach of any of the covenants set forth herein, the Company would suffer substantial irreparable harm and would not have an adequate remedy at law for such breach. In recognition of the foregoing, the Executive agrees that in the event of a breach or threatened breach of any of these covenants, in addition to such other remedies as the Company may have at law, without posting any bond or security, the Company shall be entitled to seek and obtain equitable relief, in the form of specific performance, and/or temporary, preliminary or permanent injunctive relief, or any other equitable remedy which then may be available. The seeking of such injunction or order shall not affect the Company's right to seek and obtain damages or other equitable relief on account of any such actual or threatened breach. (bii) If any of the covenants contained in Sections 411(a), 5, 6 11(b) and 7 11(c) hereof, or any part thereof, are hereafter construed to be invalid or unenforceable, the same shall not affect the remainder of the covenant or covenants, which shall be given full effect without regard to the invalid portions. (ciii) If any of the covenants contained in Sections 411(a), 5, 6 11(b) and 7 11(c) hereof, or any part thereof, are held to be unenforceable by a court of competent jurisdiction because of the temporal or geographic scope of such provision or the area covered thereby, the parties Parties agree that the court making such determination shall have the power to reduce the duration and/or geographic area of such provision and, in its reduced form, such provision shall be enforceable. (iv) In the event of any actual or threatened breach by the Executive of any of the provisions of Sections 11(a), 11(b) and 11(c), the Company shall be entitled to seek an injunction restraining the Executive from violating such provision. The Parties agree that any such action may be initiated and maintained in the federal or state courts located in the State of Massachusetts, without posting any bond or security, and the Parties consent to the personal jurisdiction of such courts for such purpose. The seeking of any such injunction shall not affect the Company’s right to seek and obtain damages on account of any such actual or threatened breach.

Appears in 1 contract

Samples: Employment Agreement (NUCRYST Pharmaceuticals Corp.)

Provisions Necessary and Reasonable. (ai) The Executive agrees that (iA) the provisions of Sections 411(a), 5, 6 11(b) and 7 11(c) of this Agreement are necessary and reasonable to protect the Company's Confidential Information, Inventions, and goodwillgoodwill of the Company and its Affiliates; (iiB) the specific temporal, geographic and substantive provisions set forth in Section 6 11(c) of this Agreement are reasonable and necessary to protect the Company's business interests of the Company and its Affiliates in part because the Company's such business is international in scope; and (iiiC) in the event of any breach of any of the covenants set forth herein, the Company and/or its Affiliates would suffer substantial irreparable harm and would not have an adequate remedy at law for such breach. In recognition of the foregoing, the Executive agrees that in the event of a breach or threatened breach of any of these covenants, in addition to such other remedies as the Company may have at law, without posting any bond or security, the Company shall be entitled to seek and obtain equitable relief, in the form of specific performance, and/or temporary, preliminary or permanent injunctive relief, or any other equitable remedy which then may be available. The seeking of such injunction or order shall not affect the Company's right to seek and obtain damages or other equitable relief on account of any such actual or threatened breach. (bii) If any of the covenants contained in Sections 411(a), 5, 6 11(b) and 7 11(c) hereof, or any part thereof, are hereafter construed to be invalid or unenforceable, the same shall not affect the remainder of the covenant or covenants, which shall be given full effect without regard to the invalid portions. (ciii) If any of the covenants contained in Sections 411(a), 5, 6 11(b) and 7 11(c) hereof, or any part thereof, are held to be unenforceable by a court of competent jurisdiction because of the temporal or geographic scope of such provision or the area covered thereby, the parties Parties agree that the court making such determination shall have the power to reduce the duration and/or geographic area of such provision and, in its reduced form, such provision shall be enforceable. (iv) In the event of any actual or threatened breach by the Executive of any of the provisions of Sections 11(a), 11(b) and 11(c), the Company and its Affiliates shall be entitled to seek an injunction restraining the Executive from violating such provision. The Parties agree that any such action may be initiated and maintained in the federal or state courts located in the State of Massachusetts, without posting any bond or security, and the Parties consent to the personal jurisdiction of such courts for such purpose. The seeking of any such injunction shall not affect the Company’s right to seek and obtain damages on account of any such actual or threatened breach.

Appears in 1 contract

Samples: Employment Agreement (NUCRYST Pharmaceuticals Corp.)

Provisions Necessary and Reasonable. (a) The Executive agrees that (i) the provisions of Sections 47, 58, 6 9 and 7 10 of this Agreement are necessary and reasonable to protect the Company's ’s Confidential Information, Inventions, and goodwill; (ii) the specific temporal, geographic and substantive provisions set forth in Section 6 9 of this Agreement are reasonable and necessary to protect the Company's ’s business interests in part because the Company's business is international in scopeinterests; and (iii) in the event of any breach of any of the covenants set forth herein, the Company would suffer substantial irreparable harm and would not have an adequate remedy at law for such breach. In recognition of the foregoing, the Executive agrees that in the event of a breach or threatened breach of any of these covenants, in addition to such other remedies as the Company may have at law, without posting any bond or security, the Company shall be entitled to seek and obtain equitable relief, in the form of specific performance, and/or temporary, preliminary or permanent injunctive relief, or any other equitable remedy which then may be available. The seeking of such injunction or order shall not affect the Company's ’s right to seek and obtain damages or other equitable relief on account of any such actual or threatened breach. (b) If any of the covenants contained in Sections 47, 58, 6 9 and 7 10 hereof, or any part thereof, are hereafter construed to be invalid or unenforceable, the same shall not affect the remainder of the covenant or covenants, which shall be given full effect without regard to the invalid portions. (c) If any of the covenants contained in Sections 47, 58, 6 9 and 7 10 hereof, or any part thereof, are held to be unenforceable by a court of competent jurisdiction because of the temporal or geographic scope of such provision or the area covered thereby, the parties agree that the court making such determination shall have the power to reduce the duration and/or geographic area of such provision and, in its reduced form, such provision shall be enforceable.

Appears in 1 contract

Samples: Employment Agreement (O2diesel Corp)

Provisions Necessary and Reasonable. (a) The Executive Employee agrees that (i) the provisions of Sections 4, 5, 6 and 7 of this Agreement are necessary and reasonable to protect the Company's ’s Confidential Information, Inventions, and goodwill; (ii) the any and all specific temporal, geographic and substantive provisions set forth in Section 6 of this Agreement are reasonable and necessary to protect the Company's ’s business interests in part because the Company's business is international in scopeinterests; and (iii) in the event of any breach of any of the covenants set forth herein, the Company would suffer substantial irreparable harm and would not have an adequate remedy at law for such breach. In recognition of the foregoing, the Executive Employee agrees that in the event of a breach or threatened breach of any of these covenants, in addition to such other remedies as the Company may have at law, without posting any bond or security, the Company shall be entitled to seek and obtain equitable relief, in the form of specific performance, and/or temporary, preliminary or permanent injunctive relief, or any other equitable remedy which then may be available. The seeking of such injunction or order shall not affect the Company's ’s right to seek and obtain damages or other equitable relief on account of any such actual or threatened breach. (b) If any of the covenants contained in Sections 4, 5, 6 and 7 hereof, or any part thereof, are hereafter construed to be invalid or unenforceable, the same shall not affect the remainder of the covenant or covenants, which shall be given full effect without regard to the invalid portions. (c) If any of the covenants contained in Sections 4, 5, 6 and 7 hereof, or any part thereof, are held to be unenforceable by a court of competent jurisdiction because of the temporal or geographic scope of such provision or the area covered thereby, the parties agree that the court making such determination shall have the power to reduce the duration and/or geographic area of such provision and, in its reduced form, such provision shall be enforceable.

Appears in 1 contract

Samples: Employment Agreement (Nexx Systems Inc)

Provisions Necessary and Reasonable. (aA) The Executive agrees that that: (i) the provisions of Sections 4, 5, 6 and 7 of this Agreement are necessary and reasonable to protect the Company's Confidential Information, Inventions, and goodwill; (ii) the specific temporal, geographic temporal and substantive provisions set forth in Section 6 5.1 of this Agreement are reasonable and necessary to protect the Company's business interests in part because the Company's business is international in scopeinterests; and and (iiiii) in the event of any breach of any of the covenants set forth in Sections 5.1 and 5.2 herein, the Company would suffer substantial irreparable harm and would not have an adequate remedy at law for such breach. In recognition of the foregoing, the Executive agrees that that, in the event of a breach or threatened breach of any of these covenants, in addition to such other remedies as the Company may have at law, without posting any bond or security, Anteon shall be entitled to cease any further Extended Compensation Payments, if any, and the Company further shall be entitled to seek and obtain equitable relief, in the form of specific performance, and/or temporary, preliminary or permanent injunctive relief, or any other equitable remedy which then may be available. The seeking of such injunction or order shall not affect the Company's right to seek and obtain damages or other equitable relief on account of any such actual or threatened breach. (bB) If any of the covenants contained in Sections 4, 5, 6 and 7 5.1 or 5.2 hereof, or any part thereof, are hereafter construed to be invalid or unenforceable, the same shall not affect the remainder of or the covenant or covenants, which shall be given full effect without regard to the invalid portions. (cC) If any of the covenants contained in Sections 4, 5, 6 and 7 5.1 or 5.2 hereof, or any part thereof, are held to be unenforceable by a court of competent jurisdiction because of the temporal or geographic scope of such provision or the area covered thereby, the parties agree that the court making such determination shall have the power to reduce the duration and/or geographic area of such provision and, in its reduced form, such provision shall be enforceable.

Appears in 1 contract

Samples: Executive Agreement (Anteon International Corp)

Provisions Necessary and Reasonable. (a) The Executive agrees that (i) the provisions of Sections 4, 5, 6 and 7 of this Agreement are necessary and reasonable to protect the Company's Confidential Information, Inventions, and goodwill; (ii) the specific temporal, geographic and substantive provisions set forth in Section 6 of this Agreement are reasonable and necessary to protect the Company's business interests in part because the Company's business is international in scope; and (iii) in the event of any breach of any of the covenants set forth herein, the Company would wou1d suffer substantial irreparable harm and would not have an adequate remedy at law for such breach. In recognition of the foregoing, the Executive agrees that in the event of a breach or threatened breach of any of these covenants, in addition to such other remedies as the Company may have at law, without posting any bond or security, the Company shall be entitled to seek and obtain equitable relief, in the form of specific performance, and/or temporary, temporary preliminary or permanent injunctive relief, or any other equitable remedy which then may be available. The seeking of such injunction or order shall not affect the Company's right to seek and obtain damages or other equitable relief on account of any such actual or threatened breach. (b) If any of the covenants contained in Sections 4, 5, 6 and 7 hereof, or any part thereof, are hereafter construed to so be invalid or unenforceable, the same shall not affect the remainder of the covenant or covenants, which shall be given full effect without regard to the invalid portions. (c) If any of the other covenants contained in Sections 4, 5, 6 and 7 hereof, or any part thereof, are held to be unenforceable by a court of competent jurisdiction because of the temporal or geographic scope of such provision or the area covered thereby, the parties agree that the court making such determination shall have the power to reduce the duration and/or geographic area of such provision and, in its reduced form, such provision shall be enforceable.

Appears in 1 contract

Samples: Employment Agreement (Innovative Drug Delivery Systems Inc)

Provisions Necessary and Reasonable. (aA) The Executive agrees that that: (i) the provisions of Sections 4, 5, 6 and 7 of this Agreement are necessary and reasonable to protect the Company's Confidential Information, Inventions, and goodwill; (ii) the specific temporal, geographic temporal and substantive provisions set forth in Section 6 5.1 of this Agreement are reasonable and necessary to protect the Company's business interests in part because the Company's business is international in scopeinterests; and and (iiiii) in the event of any breach of any of the covenants set forth in Sections 5.1 and 5.2 herein, the Company would suffer substantial irreparable harm and would not have an adequate remedy at law for such breach. In recognition of the foregoing, the Executive agrees that that, in the event of a breach or threatened breach of any of these covenants, in addition to such other remedies as the Company may have at law, without posting any bond or security, Anteon shall be entitled to cease any further Extended Compensation Payments, if any, and the Company further shall be entitled to seek and obtain equitable relief, in the form of specific performance, and/or temporary, preliminary or permanent injunctive relief, or any other equitable remedy which then may be available. The seeking of such injunction or order shall not affect the Company's right to seek and obtain damages or other equitable relief on account of any such actual or threatened breach. (bB) If any of the covenants contained in Sections 4, 5, 6 and 7 5.1 or 5.2 hereof, or any part thereof, are hereafter construed to be invalid or unenforceable, the same shall not affect the remainder of the covenant or covenants, which shall be given full effect without regard to the invalid portions. (cC) If any of the covenants contained in Sections 4, 5, 6 and 7 5.1 or 5.2 hereof, or any part thereof, are held to be unenforceable by a court of competent jurisdiction because of the temporal or geographic scope of such provision or the area covered thereby, the parties agree that the court making such determination shall have the power to reduce the duration and/or geographic area of such provision and, in its reduced form, such provision shall be enforceable.

Appears in 1 contract

Samples: Executive Agreement (Anteon International Corp)

Provisions Necessary and Reasonable. (a) A. The Executive agrees that (i) that 1. the provisions of Sections 4, 5, 6 and 7 of this Agreement are necessary and reasonable to protect the Company's Confidential Information, Inventions, and goodwill; (ii) ; 2. the specific temporal, geographic and substantive provisions set forth in Section 6 of this Agreement are reasonable and necessary to protect the Company's business interests in part because the Company's business is international in scope; and (iii) and 3. in the event of any breach of any of the covenants set forth herein, the Company would suffer substantial irreparable harm and would not have an adequate remedy at law for such breach. In recognition of the foregoing, the Executive agrees that in the event of a breach or threatened breach of any of these covenants, in addition to such other remedies as the Company may have at law, without posting any bond or security, the Company shall be entitled to seek and obtain equitable relief, in the form of specific performance, and/or temporary, preliminary or permanent injunctive relief, or any other equitable remedy which then may be available. The seeking of such injunction or order shall not affect the Company's right to seek and obtain damages or other equitable relief on account of any such actual or threatened breach. (b) B. If any of the covenants contained in Sections 4, 5, 6 and 7 hereof, or any part thereof, are is hereafter construed to be invalid or unenforceable, the same shall not affect the remainder of the covenant or covenants, which shall be given full effect without regard to the invalid portions. (c) C. If any of the covenants contained in Sections 4, 5, 6 and 7 hereof, or any part thereof, are is held to be unenforceable by a court of competent jurisdiction because of the temporal or geographic scope of such provision or the area covered thereby, the parties Parties agree that the court making such determination shall have the power to reduce the duration and/or geographic area of such provision and, in its reduced form, such provision shall be enforceable.

Appears in 1 contract

Samples: Employment Agreement (Predictive Systems Inc)

Provisions Necessary and Reasonable. (a) The Executive agrees that that: (i) the provisions of Sections 4sections 16., 517., 6 18. and 7 19. of this Agreement are necessary and reasonable to protect the Company's Confidential Information, Inventions, Inventions and goodwill; ; (ii) the specific temporal, geographic and substantive provisions set forth in Section 6 section 18. of this Agreement are reasonable and necessary to protect the Company's business interests in part because the Company's business is international in scopeinterests; and and (iii) in the event of any breach of any of the covenants set forth in sections 16., 17., 18. and 19. herein, the Company would suffer substantial irreparable harm and would not have an adequate remedy at law for such breach. In recognition of the foregoing, the Executive agrees that in the event of a breach or threatened breach of any of these covenants, in addition to such other remedies as the Company may have at law, without posting any bond or security, the Company shall be entitled to seek and obtain equitable relief, in the form of specific performance, and/or temporary, preliminary or permanent injunctive relief, or any other equitable remedy which then may be available. The seeking of such injunction or order shall not affect the Company's right to seek and obtain damages or other equitable relief on account of any such actual or threatened breach. (b) If any of the covenants contained in Sections 4sections 16., 517., 6 18. and 7 19. hereof, or any part thereof, are hereafter construed to be invalid or unenforceable, the same shall not affect the remainder of the covenant or covenants, which shall be given full effect without regard to the invalid portions. (c) If any of the covenants contained in Sections 4sections 16., 517., 6 18. and 7 19. hereof, or any part thereof, are held to be unenforceable by a court of competent jurisdiction because of the temporal or geographic scope of such provision or the area covered thereby, the parties agree that the court making such determination shall have the power to reduce the duration and/or geographic area of such provision and, in its reduced form, such provision shall be enforceable.

Appears in 1 contract

Samples: Employment Agreement (Playboy Com Inc)

Provisions Necessary and Reasonable. (a) The Executive agrees that (i) the provisions of Sections 4, 5, and 6 and 7 of this Agreement are necessary and reasonable to protect the Company's Confidential Information, Inventions, and goodwill; (ii) the specific temporal, geographic and substantive provisions set forth in Section 6 of this Agreement are reasonable and necessary to protect the Company's business interests in part because the Company's business is international in scopeinterests; and (iii) in the event of any breach of any of the covenants set forth herein, the Company would suffer substantial irreparable harm and would not have an adequate remedy at law for such breach. In recognition of the foregoing, the Executive agrees that in the event of a breach or threatened breach of any of these covenants, in addition to such other remedies as the Company may have at law, without posting any bond or security, the Company shall be he entitled to seek and obtain equitable relief, in the form of specific performance, and/or temporary, preliminary or permanent injunctive relief, or any other equitable remedy which then may be available. The seeking of such injunction or order shall not affect the Company's right to seek and obtain damages or other equitable relief on account of any such actual or threatened breach. (ba) If any of the covenants contained in Sections 4, 5, and 6 and 7 hereof, or any part thereof, are hereafter construed to be invalid or unenforceable, the same shall not affect the remainder of the covenant or covenants, which shall be given full effect without regard to the invalid portions. (cb) If any of the covenants contained in Sections 4, 5, and 6 and 7 hereof, or any part thereof, are held to be unenforceable by a court of competent jurisdiction because of the temporal or geographic scope of such provision or the area covered thereby, the parties agree that the court making such determination shall have the power to reduce the duration and/or geographic area of such provision and, in its reduced form, such provision shall be enforceable.

Appears in 1 contract

Samples: Employment Agreement (Register Com Inc)

Provisions Necessary and Reasonable. (a) The Executive agrees that that: (i) the provisions of Sections 416, 517, 6 18 and 7 19 of this Agreement are necessary and reasonable to protect the Company's Confidential Information, Inventions, Inventions and goodwill; ; (ii) the specific temporal, geographic and substantive provisions set forth in Section 6 18. of this Agreement are reasonable and necessary to protect the Company's business interests in part because the Company's business is international in scopeinterests; and and (iii) in the event of any breach of any of the covenants set forth in Sections 16, 17, 18 and 19 herein, the Company would suffer substantial irreparable harm and would not have an adequate remedy at law for such breach. In recognition of the foregoing, the Executive agrees that in the event of a breach or threatened breach of any of these covenants, in addition to such other remedies as the Company may have at law, without posting any bond or security, the Company shall be entitled to seek and obtain equitable relief, in the form of specific performance, and/or temporary, preliminary or permanent injunctive relief, or any other equitable remedy which then may be available. The seeking of such injunction or order shall not affect the Company's right to seek and obtain damages or other equitable relief on account of any such actual or threatened breach. (b) If any of the covenants contained in Sections 416, 517, 6 18 and 7 19 hereof, or any part thereof, are hereafter construed to be invalid or unenforceable, the same shall not affect the remainder of the covenant or covenants, which shall be given full effect without regard to the invalid portions. (c) If any of the covenants contained in Sections 416, 517, 6 18 and 7 19 hereof, or any part thereof, are held to be unenforceable by a court of competent jurisdiction because of the temporal or geographic scope of such provision or the area covered thereby, the parties agree that the court making such determination shall have the power to reduce the duration and/or geographic area of such provision and, in its reduced form, such provision shall be enforceable.

Appears in 1 contract

Samples: Employment Agreement (Viking Systems Inc)

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!