Reasonable. Xx. Xxxxxx agrees and acknowledges that the time limitation and the geographic scope on the restrictions in this paragraph 8 and its subparts are reasonable. Xx. Xxxxxx also acknowledges and agrees that the limitation in this paragraph 8 and its subparts is reasonably necessary for the protection of the Company, that through this Agreement he shall receive adequate consideration for any loss of opportunity associated with the provisions herein, and that these provisions provide a reasonable way of protecting the Company's business value which was imparted to him. In the event that any term, word, clause, phrase, provision, restriction, or section of this paragraph 8 of this Agreement is more restrictive than permitted by the law of the jurisdiction in which the Company seeks enforcement thereof, the provisions of this Agreement shall be limited only to that extent that a judicial determination finds the same to be unreasonable or otherwise unenforceable. Moreover, notwithstanding any judicial determination that any term, word, clause, phrase, provision, restriction, or section of this Agreement is not specifically enforceable, the parties intend that the Company shall nonetheless be entitled to recover monetary damages as a result of any breach hereof.
Appears in 2 contracts
Samples: Founders Employment Transition and Separation Agreement (Jato Communications Corp), Founders Employment Transition and Separation Agreement (Jato Communications Corp)
Reasonable. Xx. Xxxxxx Xxxx agrees and acknowledges that the time limitation and the geographic scope on the restrictions in this paragraph 8 and its subparts are reasonable. Xx. Xxxxxx Xxxx also acknowledges and agrees that the limitation in this paragraph 8 and its subparts is reasonably necessary for the protection of the Company, that through this Agreement he shall receive adequate consideration for any loss of opportunity associated with the provisions herein, and that these provisions provide a reasonable way of protecting the Company's business value which was imparted to him. In the event that any term, word, clause, phrase, provision, restriction, or section of this paragraph 8 of this Agreement is more restrictive than permitted by the law of the jurisdiction in which the Company seeks enforcement thereof, the provisions of this Agreement shall be limited only to that extent that a judicial determination finds the same to be unreasonable or otherwise unenforceable. Moreover, notwithstanding any judicial determination that any term, word, clause, phrase, provision, restriction, or section of this Agreement is not specifically enforceable, the parties intend that the Company shall nonetheless be entitled to recover monetary damages as a result of any breach hereof.
Appears in 2 contracts
Samples: Founders Employment Transition and Separation Agreement (Jato Communications Corp), Founders Employment Transition and Separation Agreement (Jato Communications Corp)
Reasonable. Xx. Xxxxxx Xxxxx agrees and acknowledges that the time limitation and the geographic scope on the restrictions in this paragraph 8 and its subparts are reasonable. Xx. Xxxxxx Xxxxx also acknowledges and agrees that the limitation in this paragraph 8 and its subparts is reasonably necessary for the protection of the Company, that through this Agreement he shall receive adequate consideration for any loss of opportunity associated with the provisions herein, and that these provisions provide a reasonable way of protecting the Company's business value which was imparted to him. In the event that any term, word, clause, phrase, provision, restriction, or section of this paragraph 8 of this Agreement is more restrictive than permitted by the law of the jurisdiction in which the Company seeks enforcement thereof, the provisions of this Agreement shall be limited only to that extent that a judicial determination finds the same to be unreasonable or otherwise unenforceable. Moreover, notwithstanding any judicial determination that any term, word, clause, phrase, provision, restriction, or section of this Agreement is not specifically enforceable, the parties intend that the Company shall nonetheless be entitled to recover monetary damages as a result of any breach hereof.
Appears in 2 contracts
Samples: Founder Employment Transition and Separation Agreement (Jato Communications Corp), Founders Employment Transition and Separation Agreement (Jato Communications Corp)
Reasonable. Xx. Xxxxxx Employee agrees and acknowledges that the time limitation and the geographic scope on the restrictions in this paragraph 8 and its subparts are reasonable. Xx. Xxxxxx Employee also acknowledges and agrees that the limitation in this paragraph 8 and its subparts is reasonably necessary for the protection of the Company, that through this Agreement he Employee shall receive adequate consideration for any loss of opportunity associated with the provisions herein, and that these provisions provide a reasonable way of protecting the Company's ’s business value which was imparted to himEmployee. In the event that any term, word, clause, phrase, provision, restriction, or section of this paragraph 8 of this Agreement is more restrictive than permitted by the law of the jurisdiction in which the Company seeks enforcement thereof, the provisions of this Agreement shall be limited only to that the extent that a judicial determination finds the same to be unreasonable or otherwise unenforceable. Moreover, notwithstanding any judicial determination that any term, word, clause, phrase, provision, restriction, or section of this Agreement is not specifically enforceable, the parties intend that the Company shall nonetheless be entitled to recover monetary damages as a result of any breach hereof.
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