Common use of Reasonableness; Enforcement Clause in Contracts

Reasonableness; Enforcement. The Executive and the Company agree and acknowledge that the limitations as to time, geographical area and scope of activity to be restrained as set forth in Paragraph 10(b) are reasonable and do not impose any greater restraint than is necessary to protect the legitimate business interests of the Company. The Executive hereby represents to the Company that the Executive has read and understands, and agrees to be bound by, the terms of this Paragraph 10. The Executive acknowledges that the geographic scope and duration of the covenants contained in this Paragraph 10 are the result of arm’s-length bargaining and are fair and reasonable in light of (i) the nature and wide geographic scope of the operations of the Business, (ii) the Executive’s level of control over and contact with the Business in all jurisdictions in which it is conducted, (iii) the fact that the Business is conducted throughout the Restricted Area and (iv) the amount of compensation, trade secrets and Confidential Information that the Executive is receiving in connection with the performance of the Executive’s duties hereunder. It is the desire and intent of the parties that the provisions of this Paragraph 10 be enforced to the fullest extent permitted under applicable Legal Requirements, whether now or hereafter in effect and therefore, to the extent permitted by applicable Legal Requirements, the Executive and the Company hereby waive any provision of applicable Legal Requirements that would render any provision of this Paragraph 10 invalid or unenforceable.

Reasonableness; Enforcement. The Executive hereby represents to the Company that Executive has read and understands, and agrees to be bound by, the terms of this Article VIII. Executive and the Company understand and agree that the purpose of the provisions of this Article VIII is to protect the legitimate business interests and acknowledge goodwill of the Company. Executive acknowledges that the limitations as to time, geographical area and scope of activity to be restrained as set forth contained in Paragraph 10(b) this Article VIII are the result of arm’s-length bargaining and are fair and reasonable and do not impose any greater restraint than is necessary to protect the legitimate business interests of the Company. The Executive hereby represents to the Company that the Executive has read and understands, and agrees to be bound by, the terms of this Paragraph 10. The Executive acknowledges that the geographic scope and duration of the covenants contained in this Paragraph 10 are the result of arm’s-length bargaining and are fair and reasonable in light of (ia) the nature and wide geographic scope of the operations of the Business, (iib) the Executive’s level of control over and contact with the Business in all jurisdictions in which it is conducted, (iiic) the fact that the Business is conducted throughout the Restricted Area and (ivd) the amount of compensation, trade secrets compensation and Confidential Information that the Executive is receiving in connection with the performance of the Executive’s duties hereunder. It is the desire and intent of the parties that the provisions of this Paragraph 10 Article VIII be enforced to the fullest extent permitted under applicable Legal Requirements, whether now or hereafter in effect and therefore, to the extent permitted by applicable Legal Requirements, the Executive and the Company hereby waive any provision of applicable Legal Requirements that would render any provision of this Paragraph 10 Article VIII invalid or unenforceable.

Reasonableness; Enforcement. The Executive and the Company agree and acknowledge that the limitations as to time, geographical area and scope of activity to be restrained as set forth in Paragraph 10(b) are reasonable and do not impose any greater restraint than is necessary to protect the legitimate business interests of the Company. The Executive hereby represents to the Company Extraction that the Executive has read and understands, and agrees to be bound by, the terms of this Paragraph 10Article VIII. The Executive acknowledges that the geographic scope and duration of the covenants contained in this Paragraph 10 Article VIII are the result of arm’s-length bargaining and are fair and reasonable in light of (ia) the nature and wide geographic scope of the operations of the Business, (iib) the Executive’s level of control over and contact with the Business in all jurisdictions in which it is conducted, (iiic) the fact that the Business is conducted throughout the Restricted Area and (iv) the d)the amount of compensation, trade secrets and Confidential Information that the Executive is receiving in connection with the performance of the Executive’s duties hereunder. It is the desire and intent of the parties that the provisions of this Paragraph 10 Article VIII be enforced to the fullest extent permitted under applicable Legal Requirements, whether now or hereafter in effect and therefore, to the extent permitted by applicable Legal Requirements, the Executive and the Company Extraction hereby waive any provision of applicable Legal Requirements that would render any provision of this Paragraph 10 Article VIII invalid or unenforceable.

Reasonableness; Enforcement. The Executive and the Company agree and acknowledge that the limitations as to time, geographical area and scope of activity to be restrained as set forth in Paragraph 10(b) are reasonable and do not impose any greater restraint than is necessary to protect the legitimate business interests of the Company. The Executive Employee hereby represents to the Company that the Executive Employee has read and understands, and agrees to be bound by, the terms of this Paragraph 10Article VIII. The Executive Employee acknowledges that the geographic scope and duration of the covenants contained in this Paragraph 10 Article VIII are the result of arm’s-length bargaining and are fair and reasonable in light of (ia) the nature and wide geographic scope of the operations of the Company’s Business, (iib) the ExecutiveEmployee’s level of control over and contact with the Company’s Business in all jurisdictions in which it is conducted, (iii) the fact that the Business is conducted throughout the Restricted Area and (ivc) the amount of compensation, trade secrets and Confidential Information that the Executive Employee is receiving in connection with the performance of the ExecutiveEmployee’s duties hereunder. It is the desire and intent of the parties that the provisions of this Paragraph 10 Article VIII be enforced to the fullest extent permitted under applicable Legal Requirements, whether now or hereafter in effect and therefore, to the extent permitted by applicable Legal Requirements, the Executive Employee and the Company hereby waive any provision of applicable Legal Requirements that would render any provision of this Paragraph 10 Article VIII invalid or unenforceable. It is specifically agreed that the period specified in Section 8.2 shall be computed by excluding from that computation any time during which Employee is in violation of any provision of Section 8.2.

Reasonableness; Enforcement. The Executive and the Company agree and acknowledge that the limitations as to time, geographical area and scope of activity to be restrained as set forth in Paragraph 10(b) are reasonable and do not impose any greater restraint than is necessary to protect the legitimate business interests of the Company. The Executive hereby represents to the Company that the Executive has read and understands, and agrees to be bound by, the terms of this Paragraph 10Article VIII. The Executive acknowledges that the geographic scope and duration of the covenants contained in this Paragraph 10 Article VIII are the result of arm’s-length bargaining and are fair and reasonable in light of (ia) the nature and wide geographic scope of the operations of the Business, (iib) the Executive’s level of control over and contact with the Business in all jurisdictions in which it is conducted, (iiic) the fact that the Business is conducted throughout the Restricted Area and (ivd) the amount of compensation, trade secrets compensation and Confidential Information that the Executive is receiving in connection with the performance of the Executive’s duties hereunder. It is the desire and intent of the parties that the provisions of this Paragraph 10 Article VIII be enforced to the fullest extent permitted under applicable Legal Requirements, whether now or hereafter in effect and therefore, to the extent permitted by applicable Legal Requirements, the Executive and the Company hereby waive any provision of applicable Legal Requirements that would render any provision of this Paragraph 10 Article VIII invalid or unenforceable.

Reasonableness; Enforcement. The Executive and the Company agree and acknowledge that the limitations as to time, geographical area and scope of activity to be restrained as set forth in Paragraph Section 10(b) are reasonable and do not impose any greater restraint than is necessary to protect the legitimate business interests of the Company. The Executive hereby represents to the Company that the Executive has read and understands, and agrees to be bound by, the terms of this Paragraph Section 10. The Executive acknowledges that the geographic scope and duration of the covenants contained in this Paragraph Section 10 are the result of arm’s-length bargaining and are fair and reasonable in light of (i) the nature and wide geographic scope of the operations of the Business, (ii) the Executive’s level of control over and contact with the Business in all jurisdictions in which it is conducted, (iii) the fact that the Business is conducted throughout the Restricted Area and (iv) the amount of compensation, trade secrets and Confidential Information that the Executive is receiving in connection with the performance of the Executive’s duties hereunder. It is the desire and intent of the parties that the provisions of this Paragraph Section 10 be enforced to the fullest extent permitted under applicable Legal Requirements, whether now or hereafter in effect and therefore, to the extent permitted by applicable Legal Requirements, the Executive and the Company hereby waive any provision of applicable Legal Requirements that would render any provision of this Paragraph Section 10 invalid or unenforceable.

Reasonableness; Enforcement. The Executive hereby represents to the Company that Executive has read and understands, and agrees to be bound by, the terms of this Article VIII. Executive and the Company understand and agree that the purpose of the provisions of this Article VIII is to protect legitimate business interests and acknowledge goodwill of the Company. Executive acknowledges that the limitations as to time, geographical area and scope of activity to be restrained as set forth contained in Paragraph 10(b) this Article VIII are the result of arm’s-length bargaining and are fair and reasonable and do not impose any greater restraint than is necessary to protect the legitimate business interests of the Company. The Executive hereby represents to the Company that the Executive has read and understands, and agrees to be bound by, the terms of this Paragraph 10. The Executive acknowledges that the geographic scope and duration of the covenants contained in this Paragraph 10 are the result of arm’s-length bargaining and are fair and reasonable in light of (ia) the nature and wide geographic scope of the operations of the Business, (iib) the Executive’s level of control over and contact with the Business in all jurisdictions in which it is conducted, (iiic) the fact that the Business is conducted throughout the Restricted Area and (ivd) the amount of compensation, trade secrets compensation and Confidential Information that the Executive is receiving in connection with the performance of the Executive’s duties hereunder. It is the desire and intent of the parties that the provisions of this Paragraph 10 Article VIII be enforced to the fullest extent permitted under applicable Legal Requirements, whether now or hereafter in effect and therefore, to the extent permitted by applicable Legal Requirements, the Executive and the Company hereby waive any provision of applicable Legal Requirements that would render any provision of this Paragraph 10 Article VIII invalid or unenforceable.

Reasonableness; Enforcement. The Executive and the Company agree and acknowledge that the limitations as to time, geographical area and scope of activity to be restrained as set forth in Paragraph 10(b) are reasonable and do not impose any greater restraint than is necessary to protect the legitimate business interests of the Company. The Executive hereby represents to the Company that the Executive has read and understands, and agrees to be bound by, the terms of this Paragraph 10. The Article V. Executive acknowledges that the geographic scope and duration of the covenants contained in this Paragraph 10 Article V are the result of arm’s-length bargaining and are fair and reasonable in light of (ia) the nature and wide geographic scope of the operations of the BusinessCompany’s business, (iib) the Executive’s level of control over and contact with the Business in all jurisdictions in which it is conductedCompany’s business throughout the Restricted Area, (iiic) the fact that the Business is conducted by the Company throughout the Restricted Area and Area, (ivd) the amount of compensationfact that Executive’s duties are fulfilled throughout, trade secrets materially relate to work performed by the Company throughout, the Restricted Area, (e) the compensation and Confidential Information that the Executive is receiving has received and will receive in connection conjunction with Executive’s employment with the performance of Company and (f) the goodwill that Executive has built and will continue to help build during Executive’s duties hereunderemployment by the Company. It is the desire and intent of the parties Parties that the provisions of this Paragraph 10 Article V be enforced to the fullest extent permitted under any applicable Legal Requirementslaws, whether now or hereafter in effect and therefore, to the extent permitted by applicable Legal Requirements, the effect. Executive and the Company hereby waive any provision of any applicable Legal Requirements that would render any provision of this Paragraph 10 Article V invalid or unenforceable.

Reasonableness; Enforcement. The Executive and the Company agree and acknowledge that the limitations as to time, geographical area and scope of activity to be restrained as set forth in Paragraph 10(b) are reasonable and do not impose any greater restraint than is necessary to protect the legitimate business interests of the Company. The Executive hereby represents to the Company that the Executive has read and understands, and agrees to be bound by, the terms of this Paragraph 10Article VIII. The Executive acknowledges that the geographic scope and duration of the covenants contained in this Paragraph 10 Article VIII are the result of arm’s-length bargaining and are fair and reasonable in light of (ia) the nature and wide geographic scope of the operations of the any Business, (iib) the Executive’s level of control over and contact with the any Business in all jurisdictions in which it is conducted, (iiic) the fact that the any Business is conducted throughout the Restricted Area and (ivd) the amount of compensation, trade secrets and Confidential Information that the Executive is receiving in connection with the performance of the Executive’s duties hereunder. It is the desire and intent of the parties Parties that the provisions of this Paragraph 10 Article VIII be enforced to the fullest extent permitted under applicable Legal Requirements, whether now or hereafter in effect and therefore, to the extent permitted by applicable Legal Requirements, the Executive and the Company hereby waive any provision of applicable Legal Requirements that would render any provision of this Paragraph 10 Article VIII invalid or unenforceable. It is specifically agreed that the period specified in Section 8.2 shall be computed by excluding from that computation any time during which Employee is in violation of any provision of Section 8.2.

Reasonableness; Enforcement. The Executive hereby represents to the Company that Executive has read and understands, and agrees to be bound by, the terms of this Section 15. Executive and the Company understand and agree that the purpose of the provisions of this Section 15 is to protect the legitimate business interests and acknowledge goodwill of the Company. Executive acknowledges that the limitations as to time, geographical area and scope of activity to be restrained as set forth contained in Paragraph 10(b) this Section 15 are the result of arm’s-length bargaining and are fair and reasonable and do not impose any greater restraint than is necessary to protect the legitimate business interests of the Company. The Executive hereby represents to the Company that the Executive has read and understands, and agrees to be bound by, the terms of this Paragraph 10. The Executive acknowledges that the geographic scope and duration of the covenants contained in this Paragraph 10 are the result of arm’s-length bargaining and are fair and reasonable in light of (ia) the nature and wide geographic scope of the operations of the Business, (iib) the Executive’s level of control over and contact with the Business in all jurisdictions in which it is conducted, (iiic) the fact that the Business is conducted throughout the Restricted Area and (ivd) the amount of compensation, trade secrets compensation and Confidential Information that the Executive is receiving in connection with the performance of the Executive’s duties hereunder. It is the desire and intent of the parties that the provisions of this Paragraph 10 Section 15 be enforced to the fullest extent permitted under applicable Legal Requirements, whether now or hereafter in effect and therefore, to the extent permitted by applicable Legal Requirements, the Executive and the Company hereby waive any provision of applicable Legal Requirements that would render any provision of this Paragraph 10 Section 15 invalid or unenforceable.

Reasonableness; Enforcement. The Executive and the Company agree and acknowledge that the limitations as to time, geographical area and scope of activity to be restrained as set forth in Paragraph 10(bSection ‎10(b) are reasonable and do not impose any greater restraint than is necessary to protect the legitimate business interests of the Company. The Executive hereby represents to the Company that the Executive has read and understands, and agrees to be bound by, the terms of this Paragraph 10Section ‎10. The Executive acknowledges that the geographic scope and duration of the covenants contained in this Paragraph 10 Section ‎10 are the result of arm’s-length bargaining and are fair and reasonable in light of (i) the nature and wide geographic scope of the operations of the Business, (ii) the Executive’s level of control over and contact with the Business in all jurisdictions in which it is conducted, (iii) the fact that the Business is conducted throughout the Restricted Area and (iv) the amount of compensation, trade secrets and Confidential Information that the Executive is receiving in connection with the performance of the Executive’s duties hereunder. It is the desire and intent of the parties that the provisions of this Paragraph 10 Section ‎10 be enforced to the fullest extent permitted under applicable Legal Requirements, whether now or hereafter in effect and therefore, to the extent permitted by applicable Legal Requirements, the Executive and the Company hereby waive any provision of applicable Legal Requirements that would render any provision of this Paragraph 10 Section ‎10 invalid or unenforceable.

Reasonableness; Enforcement. The Executive and the Company agree and acknowledge that the limitations as to time, geographical area and scope of activity to be restrained as set forth in Paragraph 10(b) are reasonable and do not impose any greater restraint than is necessary to protect the legitimate business interests of the Company. The Executive hereby represents to the Company that the Executive has read and understands, and agrees to be bound by, understands the terms of this Paragraph 10Article VII. The Executive acknowledges that Executive is an executive-level employee and that the geographic scope and duration of the covenants contained in this Paragraph 10 Article VII are the result of arm’s-length bargaining and are fair and reasonable in light of (ia) the nature and wide geographic scope of the operations of the Business, (ii) the Executive’s level of control over and contact with the Business conducted by the Company and its Affiliates in all jurisdictions in which it is conducted, (iii) which includes the fact that the Business is conducted throughout the entire Restricted Area Area, and (ivb) the amount of compensation, trade secrets consideration and Confidential Information that the Executive is receiving in connection with the performance of the Executive’s duties hereunder and the goodwill that Executive has built and will continue to help build during Executive’s employment hereunder. It is the desire and intent of the parties Parties that the provisions of this Paragraph 10 Article VII be enforced to the fullest extent permitted under applicable Legal Requirementslegal requirements, whether now or hereafter in effect and therefore, to the extent permitted by applicable Legal Requirementslegal requirements, the Executive and the Company Parties hereby waive any provision of applicable Legal Requirements legal requirements that would render any provision of this Paragraph 10 Article VII invalid or unenforceable.

Reasonableness; Enforcement. The Executive and the Company agree and acknowledge that the limitations as to time, geographical area and scope of activity to be restrained as set forth in Paragraph 10(b) are reasonable and do not impose any greater restraint than is necessary to protect the legitimate business interests of the Company. The Executive hereby represents to the Company that the Executive has read and understands, and agrees to be bound by, the terms of this Paragraph 10Article VII. The Executive acknowledges that the geographic scope and duration of the covenants contained in this Paragraph 10 Article VII are the result of arm’s-length bargaining and are fair and reasonable in light of (ia) the nature and wide geographic scope of the Company’s and its affiliates’ operations of the Business, (iib) the Executive’s level of control over and contact with the Business Company’s and Nine Energy’s business in all jurisdictions in which it is conducted, (iiic) the fact that the Business is conducted by the Company or its affiliates throughout the Restricted Area Area, (d) the fact that Executive constitutes managerial and executive personnel of the Company and Nine Energy who will be materially associated with the Company’s and Nine Energy’s goodwill, and (ive) the amount of compensation, trade secrets and Confidential Information that the Executive is receiving in connection with the performance of the Executive’s duties hereunder. It is the desire and intent of the parties that the provisions of this Paragraph 10 Article VII be enforced to the fullest extent permitted under applicable Legal Requirements, whether now or hereafter in effect and therefore, to the extent permitted by applicable Legal Requirements, the Executive and the Company hereby waive any provision of applicable Legal Requirements that would render any provision of this Paragraph 10 Article VII invalid or unenforceable.

Reasonableness; Enforcement. The Executive hereby represents to the Company that Executive has read and understands, and agrees to be bound by, the terms of this Article VIII. Executive and the Company understand and agree that the purpose of the provisions of this Article VIII is to protect the legitimate business interests and acknowledge goodwill of the Company. Executive acknowledges that the limitations as to time, geographical area and scope of activity to be restrained as set forth contained in Paragraph 10(b) this Article VIII are the result of arm’s-length bargaining and are fair and reasonable and do not impose any greater restraint than is necessary to protect the legitimate business interests of the Company. The Executive hereby represents to the Company that the Executive has read and understands, and agrees to be bound by, the terms of this Paragraph 10. The Executive acknowledges that the geographic scope and duration of the covenants contained in this Paragraph 10 are the result of arm’s-length bargaining and are fair and reasonable in light of (ia) the nature and wide geographic scope of the operations of the Business, (iib) the Executive’s level of control over and contact with the Business in all jurisdictions in which it is conducted, (iiic) the fact that the Business is conducted throughout the Restricted Area and (ivd) the amount of compensation, trade secrets compensation and Confidential Information that the Executive is receiving in connection with the performance of the Executive’s duties hereunder. It is the desire and intent of the parties that the provisions of this Paragraph 10 Article VIII be enforced to the fullest extent permitted under applicable Legal Requirements, and Texas Disciplinary Rule of Professional Conduct 5.06, whether now or hereafter in effect and therefore, to the extent permitted by applicable Legal Requirements, the Executive and the Company hereby waive any provision of applicable Legal Requirements and Texas Disciplinary Rule of Professional Conduct 5.06 that would render any provision of this Paragraph 10 Article VIII invalid or unenforceable.