Common use of Reasonableness; Enforcement Clause in Contracts

Reasonableness; Enforcement. Executive hereby represents to the Company that Executive has read and understands, and agrees to be bound by, the terms of this Article VI. Executive acknowledges that the geographic scope and duration of the covenants contained in this Article VI are the result of arm’s-length bargaining and are fair and reasonable in light of (a) the nature and wide geographic scope of the operations of the Business, (b) Executive’s level of control over and contact with the Business in all jurisdictions in which it is conducted, (c) the fact that the Business is conducted throughout the Restricted Area and (d) the amount of Confidential Information that Executive is receiving in connection with the performance of Executive’s duties hereunder. It is the desire and intent of the parties that the provisions of this Article VI 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, Executive and the Company hereby waive any provision of applicable Legal Requirements that would render any provision of this Article VI invalid or unenforceable.

Appears in 3 contracts

Samples: Severance Agreement (Forum Energy Technologies, Inc.), Severance Agreement (Forum Energy Technologies, Inc.), Severance Agreement (Forum Energy Technologies, Inc.)

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Reasonableness; Enforcement. Executive Employee hereby represents to the Company that Executive Employee has read and understands, and agrees to be bound by, the terms of this Article VI. Executive Employee acknowledges that the geographic scope and duration of the covenants contained in this Article VI are the result of arm’s-length bargaining and are fair and reasonable in light of (a) the nature and wide geographic scope of the operations of the Business, (b) ExecutiveEmployee’s level of control over and contact with and association with the goodwill of the Business in all jurisdictions in which it is conducted, (c) the fact that the Business is conducted throughout the Restricted Area restricted area and (d) the amount of Confidential Information that Executive Employee is receiving in connection with the performance of ExecutiveEmployee’s duties hereunder. It is the desire and intent of the parties that the provisions of this Article VI be enforced to the fullest extent permitted under applicable Legal Requirementslaw, whether now or hereafter in effect and therefore, to the extent permitted by applicable Legal Requirementslaw, Executive Employee and the Company hereby waive any provision of applicable Legal Requirements law that would render any provision of this Article VI invalid or unenforceable.

Appears in 3 contracts

Samples: Employment Agreement, Employment Agreement (Carriage Services Inc), Employment Agreement (Carriage Services Inc)

Reasonableness; Enforcement. Executive Employee hereby represents to the Company that Executive Employee has read and understands, and agrees to be bound by, the terms of this Article VI. Executive Employee acknowledges that the geographic scope and duration of the covenants contained in this Article VI are the result of arm’s-length bargaining and are fair and reasonable in light of (a) the nature and wide geographic scope of the operations of the Business, (b) ExecutiveEmployee’s level of control over and contact with and association with the goodwill of the Business in all jurisdictions in which it is conducted, (c) the fact that the Business is conducted throughout the Restricted Area restricted area and (d) the amount of Confidential Information that Executive Employee is receiving in connection with the performance of ExecutiveEmployee’s duties hereunder. It is the desire and intent of the parties that the provisions of this Article VI be enforced to the fullest extent permitted under applicable Legal Requirementslaw, whether now or hereafter in effect and therefore, to the extent permitted by applicable Legal Requirementslaw, Executive Employee and the Company hereby waive any provision of applicable Legal Requirements law that would render any provision of this Article VI invalid or unenforceable.

Appears in 2 contracts

Samples: Employment Agreement (Carriage Services Inc), Employment Agreement (Carriage Services Inc)

Reasonableness; Enforcement. Executive hereby represents to the Company that Executive has read and understands, and agrees to be bound by, the terms of this Article VI. Executive acknowledges that the geographic scope and duration of the covenants contained in this Article VI are the result of arm’s-length bargaining and are fair and reasonable in light of (a%3) the nature and wide geographic scope of the operations of the Business, (b%3) Executive’s level of control over and contact with the Business in all jurisdictions in which it is conducted, (c%3) the fact that the Business is conducted throughout the Restricted Area and (d%3) the amount of Confidential Information that Executive is receiving in connection with the performance of Executive’s duties hereunder. It is the desire and intent of the parties that the provisions of this Article VI 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, Executive and the Company hereby waive any provision of applicable Legal Requirements that would render any provision of this Article VI invalid or unenforceable.

Appears in 2 contracts

Samples: Severance Agreement (Forum Energy Technologies, Inc.), Severance Agreement (Forum Energy Technologies, Inc.)

Reasonableness; Enforcement. Executive Employee hereby represents to the Company that Executive he has read and understands, and agrees to be bound by, the terms of this Article VIVII. Executive Employee acknowledges that the geographic scope and duration of the covenants contained in this Article VI VII are the result of arm’s-length bargaining and are fair and reasonable in light of (a) the nature and wide geographic scope of the operations of the Business, (b) ExecutiveEmployee’s level of control over and contact with the Business in all jurisdictions in which it is conducted, (c) the fact that the Business is conducted throughout the Restricted Area and (d) the amount of Confidential Information compensation that Executive Employee is receiving in connection with the performance of Executive’s his duties hereunder. It is the desire and intent of the parties Parties that the provisions of this Article VI 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, Executive Employee and the Company hereby hereto waive any provision of applicable Legal Requirements that would render any provision of this Article VI VII invalid or unenforceable.

Appears in 2 contracts

Samples: Employment Agreement (Forum Oilfield Technologies Inc), Employment Agreement (Forum Oilfield Technologies Inc)

Reasonableness; Enforcement. Executive Employee hereby represents to the Company that Executive Employee has read and understands, and agrees to be bound by, the terms of this Article VI. Executive Employee acknowledges that the geographic scope and duration of the covenants contained in this Article VI are the result of arm’s-length bargaining and are fair and reasonable in light of (a) the nature and wide geographic scope of the operations of the Business, (b) ExecutiveEmployee’s level of control over and contact with and association with the goodwill of the Business in all jurisdictions in which it is conducted, (c) the fact that the Business is conducted throughout the Restricted Area restricted area and (d) the amount of Confidential Information that Executive Employee is receiving in connection with the performance of ExecutiveEmployee’s duties hereunder. It is the desire and intent of the parties Parties that the provisions of this Article VI be enforced to the fullest extent permitted under applicable Legal Requirementslaw, whether now or hereafter in effect and therefore, to the extent permitted by applicable Legal Requirementslaw, Executive Employee and the Company hereby waive any provision of applicable Legal Requirements law that would render any provision of this Article VI invalid or unenforceable.

Appears in 2 contracts

Samples: Employment Agreement (Carriage Services Inc), Employment Agreement (Carriage Services Inc)

Reasonableness; Enforcement. Executive hereby represents to the Company that Executive has read and understands, and agrees to be bound by, the terms of this Article VIVII. Executive acknowledges that he shall be a member of the Company’s executive and management personnel, and that the geographic scope and duration of the covenants contained in this Article VI Section 7.4. are the result of arm’s-length bargaining and are fair and reasonable in light of (a) the nature and wide geographic scope of the operations of the Business, (b) Executive’s level of control over and contact with the Business in all jurisdictions in which it is conducted, (c) the fact that the Business is conducted throughout the Restricted Area and (d) the amount of Confidential Information that Executive is receiving in connection with the performance of Executive’s duties hereunder. It is the desire and intent of the parties that the provisions of this Article VI 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, Executive and the Company hereby waive any provision of applicable Legal Requirements that would render any provision of this Article VI VII invalid or unenforceable.

Appears in 2 contracts

Samples: Employment Agreement (Gasco Energy Inc), Employment Agreement (Gasco Energy Inc)

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Reasonableness; Enforcement. Executive Employee hereby represents to the Company Extraction that Executive Employee has read and understands, and agrees to be bound by, the terms of this Article VIVIII. Executive Employee acknowledges that the geographic scope and duration of the covenants contained in this Article VI VIII are the result of arm’s-length bargaining and are fair and reasonable in light of (a%3) the nature and wide geographic scope of the operations of the Business, (b%3) ExecutiveEmployee’s level of control over and contact with the Business in all jurisdictions in which it is conducted, (c%3) the fact that the Business is conducted throughout the Restricted Area and (d%3) the amount of Confidential Information that Executive Employee is receiving in connection with the performance of ExecutiveEmployee’s duties hereunder. It is the desire and intent of the parties that the provisions of this Article VI 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, Executive Employee and the Company Extraction hereby waive any provision of applicable Legal Requirements that would render any provision of this Article VI VIII invalid or unenforceable.

Appears in 1 contract

Samples: Employment Agreement (Extraction Oil & Gas, Inc.)

Reasonableness; Enforcement. Executive Employee hereby represents to the Company that Executive Employee has read and understands, and agrees to be bound by, the terms of this Article VIVII. Executive Employee acknowledges that the geographic scope and duration of the covenants contained in this Article VI VII are the result of arm’s-length bargaining and are fair and reasonable in light of (a) the nature and wide geographic scope of the operations Company’s operation of the Business, (b) ExecutiveEmployee’s level of control over and contact with and association with the goodwill of Company’s Business in all jurisdictions in which it is conducted, (c) the fact that the Business is conducted by Company throughout the Restricted Area and (d) the amount of Confidential Information that Executive Employee is receiving in connection with the performance of ExecutiveEmployee’s duties hereunder. It is the desire and intent of the parties that the provisions of this Article VI VII be enforced to the fullest extent permitted under applicable Legal Requirementslaw, whether now or hereafter in effect and therefore, to the extent permitted by applicable Legal Requirementslaw, Executive Employee and the Company hereby waive any provision of applicable Legal Requirements law that would render any provision of this Article VI VII invalid or unenforceable.

Appears in 1 contract

Samples: Employment Agreement (Philadelphia Energy Solutions Inc.)

Reasonableness; Enforcement. Executive Employee hereby represents to the Company Extraction that Executive Employee has read and understands, and agrees to be bound by, the terms of this Article VIVIII. Executive Employee acknowledges that the geographic scope and duration of the covenants contained in this Article VI VIII are the result of arm’s-length bargaining and are fair and reasonable in light of (a) the nature and wide geographic scope of the operations of the Business, (b) ExecutiveEmployee’s level of control over and contact with the Business in all jurisdictions in which it is conducted, (c) the fact that the Business is conducted throughout the Restricted Area and (d) the amount of Confidential Information that Executive Employee is receiving in connection with the performance of ExecutiveEmployee’s duties hereunder. It is the desire and intent of the parties that the provisions of this Article VI 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, Executive Employee and the Company Extraction hereby waive any provision of applicable Legal Requirements that would render any provision of this Article VI VIII invalid or unenforceable.

Appears in 1 contract

Samples: Employment Agreement (Extraction Oil & Gas, Inc.)

Reasonableness; Enforcement. Executive Employee hereby represents to the Company that Executive Employee has read and understands, and agrees to be bound by, the terms of this Article VIVIII. Executive Employee acknowledges that the geographic scope and duration of the covenants contained in this Article VI VIII are the result of arm’s-length bargaining and are fair and reasonable in light of (a) the nature and wide geographic scope of the operations of the Business, (b) ExecutiveEmployee’s level of control over and contact with the Business in all jurisdictions in which it is conducted, (c) the fact that the Business is conducted throughout the Restricted Area and (d) the amount of Confidential Information that Executive Employee is receiving in connection with the performance of ExecutiveEmployee’s duties hereunder. It is the desire and intent of the parties that the provisions of this Article VI 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, Executive Employee and the Company hereby waive any provision of applicable Legal Requirements that would render any provision of this Article VI VIII invalid or unenforceable.

Appears in 1 contract

Samples: Employment Transition Agreement (Extraction Oil & Gas, Inc.)

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