Common use of Reasonableness; Enforcement Clause in Contracts

Reasonableness; Enforcement. Employee hereby represents to the Company that Employee has read and understands, and agrees to be bound by, the terms of this Article VI. 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) Employee’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 and (d) the Confidential Information that Employee is receiving in connection with the performance of Employee’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 law, whether now or hereafter in effect and therefore, to the extent permitted by applicable law, Employee and Company hereby waive any provision of applicable 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)

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Reasonableness; Enforcement. Employee Executive hereby represents to the Company that Employee Executive has read and understands, and agrees to be bound by, the terms of this Article VI. Employee 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) EmployeeExecutive’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 Employee Executive is receiving in connection with the performance of EmployeeExecutive’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 lawLegal Requirements, whether now or hereafter in effect and therefore, to the extent permitted by applicable lawLegal Requirements, Employee Executive and the Company hereby waive any provision of applicable law 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.)

Reasonableness; Enforcement. Employee Executive hereby represents to the Company that Employee Executive has read and understands, and agrees to be bound by, the terms of this Article VIVIII. Employee Executive 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) EmployeeExecutive’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 d)the amount of Confidential Information that Employee Executive is receiving in connection with the performance of EmployeeExecutive’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 lawLegal Requirements, whether now or hereafter in effect and therefore, to the extent permitted by applicable lawLegal Requirements, Employee Executive and the Company hereby waive any provision of applicable law Legal Requirements that would render any provision of this Article VI VIII invalid or unenforceable.

Appears in 3 contracts

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

Reasonableness; Enforcement. Employee Executive hereby represents to the Company that Employee Executive has read and understands, and agrees to be bound by, the terms of this Article VI. Employee 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) EmployeeExecutive’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%3) the fact that the Business is conducted throughout the restricted area Restricted Area and (d%3) the amount of Confidential Information that Employee Executive is receiving in connection with the performance of EmployeeExecutive’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 lawLegal Requirements, whether now or hereafter in effect and therefore, to the extent permitted by applicable lawLegal Requirements, Employee Executive and the Company hereby waive any provision of applicable law 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. Employee hereby represents to the Company that Employee has read and understands, and agrees to be bound by, the terms of this Article VI. 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) Employee’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 and (d) the Confidential Information that Employee is receiving in connection with the performance of Employee’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 law, whether now or hereafter in effect and therefore, to the extent permitted by applicable law, Employee and the Company hereby waive any provision of applicable 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. Employee Executive hereby represents to the Company that Employee Executive has read and understands, and agrees to be bound by, the terms of this Article VIVII. Employee 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) EmployeeExecutive’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 Employee Executive is receiving in connection with the performance of EmployeeExecutive’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 lawLegal Requirements, whether now or hereafter in effect and therefore, to the extent permitted by applicable lawLegal Requirements, Employee Executive and the Company hereby waive any provision of applicable law 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)

Reasonableness; Enforcement. Employee hereby represents to the Company that Employee he has read and understands, and agrees to be bound by, the terms of this Article VIVII. 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) Employee’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 Confidential Information amount of compensation that Employee is receiving in connection with the performance of Employee’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 lawLegal Requirements, whether now or hereafter in effect and therefore, to the extent permitted by applicable lawLegal Requirements, Employee and Company hereby hereto waive any provision of applicable law 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. Employee Executive hereby represents to the Company that Employee Executive has read and understands, and agrees to be bound by, the terms of this Article VIVII. Employee Executive 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) EmployeeExecutive’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 compensation, trade secrets and Confidential Information that Employee Executive is receiving in connection with the performance of EmployeeExecutive’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 lawLegal Requirements, whether now or hereafter in effect and therefore, to the extent permitted by applicable lawLegal Requirements, Employee Executive and the Company hereby waive any provision of applicable law Legal Requirements that would render any provision of this Article VI VII invalid or unenforceable.

Appears in 2 contracts

Samples: Employment Agreement (Lilis Energy, Inc.), Employment Agreement (Recovery Energy, Inc.)

Reasonableness; Enforcement. Employee hereby represents to the Company that Employee has read and understands, and agrees to be bound by, the terms of this Article VI. 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) Employee’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 and (d) the Confidential Information that Employee is receiving in connection with the performance of Employee’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 law, whether now or hereafter in effect and therefore, to the extent permitted by applicable law, Employee and the Company hereby waive any provision of applicable 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. Employee Executive hereby represents to the Company that Employee he has read and understands, and agrees to be bound by, the terms of this Article VIVIII. Employee Executive 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) EmployeeExecutive’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 Confidential Information amount of compensation that Employee Executive is receiving in connection with the performance of Employee’s his 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 lawLegal Requirements, whether now or hereafter in effect and therefore, to the extent permitted by applicable lawLegal Requirements, Employee Executive and Company hereby waive any provision of applicable law Legal Requirements that would render any provision of this Article VI VIII invalid or unenforceable.

Appears in 2 contracts

Samples: Employment Agreement (Complete Production Services, Inc.), Employment Agreement (Complete Production Services, Inc.)

Reasonableness; Enforcement. Employee Executive hereby represents to the Company that Employee he has read and understands, and agrees to be bound by, the terms of this Article VIVIII. Employee Executive 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) EmployeeExecutive’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 Confidential Information amount of compensation that Employee Executive is receiving in connection with the performance of Employee’s his 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 lawLegal Requirements, whether now or hereafter in effect and therefore, to the extent permitted by applicable lawLegal Requirements, Employee Executive and the Company hereby waive any provision of applicable law Legal Requirements that would render any provision of this Article VI VIII invalid or unenforceable.

Appears in 1 contract

Samples: Employment Agreement (Forum Oilfield Technologies Inc)

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Reasonableness; Enforcement. Employee Executive hereby represents to the Company that Employee Executive has read and understands, and agrees to be bound by, the terms of this Article VIVII. Employee Executive 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 of (a) the nature and wide geographic scope of the operations of the Business, (b) EmployeeExecutive’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 compensation, trade secrets and Confidential Information that Employee Executive is receiving in connection with the performance of EmployeeExecutive’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 lawLegal Requirements, whether now or hereafter in effect and therefore, to the extent permitted by applicable lawLegal Requirements, Employee Executive and the Company hereby waive any provision of applicable law Legal Requirements that would render any provision of this Article VI VII invalid or unenforceable.

Appears in 1 contract

Samples: Employment Agreement (American Midstream Partners, LP)

Reasonableness; Enforcement. Employee Executive hereby represents to the Company that Employee Executive has read and understands, and agrees to be bound by, the terms of this Article VIIV. Employee Executive acknowledges that the geographic scope and duration of the covenants contained in this Article VI IV 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) EmployeeExecutive’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 Employee Executive is receiving in connection with the performance of EmployeeExecutive’s duties hereunder. It is the desire and intent of the parties that the provisions of this Article VI IV be enforced to the fullest extent permitted under applicable lawLegal Requirements, whether now or hereafter in effect and therefore, to the extent permitted by applicable lawLegal Requirements, Employee Executive and the Company hereby waive any provision of applicable law Legal Requirements that would render any provision of this Article VI IV invalid or unenforceable.

Appears in 1 contract

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

Reasonableness; Enforcement. Employee hereby represents to the Company Extraction that Employee has read and understands, and agrees to be bound by, the terms of this Article VIVIII. 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) Employee’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 Employee is receiving in connection with the performance of Employee’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 lawLegal Requirements, whether now or hereafter in effect and therefore, to the extent permitted by applicable lawLegal Requirements, Employee and Company Extraction hereby waive any provision of applicable law 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. Employee hereby represents to the Company that Employee has read and understands, and agrees to be bound by, the terms of this Article VIVIII. 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) Employee’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 Employee is receiving in connection with the performance of Employee’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 lawLegal Requirements, whether now or hereafter in effect and therefore, to the extent permitted by applicable lawLegal Requirements, Employee and the Company hereby waive any provision of applicable law 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.)

Reasonableness; Enforcement. Employee Executive hereby represents to the Company that Employee Executive has read and understands, and agrees to be bound by, the terms of this Article VIVIII. Employee Executive 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) EmployeeExecutive’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 Employee Executive is receiving in connection with the performance of EmployeeExecutive’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 lawLegal Requirements, whether now or hereafter in effect and therefore, to the extent permitted by applicable lawLegal Requirements, Employee Executive and the Company hereby waive any provision of applicable law Legal Requirements that would render any provision of this Article VI VIII invalid or unenforceable.

Appears in 1 contract

Samples: Employment Agreement (Bullish)

Reasonableness; Enforcement. Employee hereby represents to the Company that Employee has read and understands, and agrees to be bound by, the terms of this Article VIVII. 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) Employee’s level of control over and contact with and association with the goodwill of the 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 Restricted Area and (d) the Confidential Information that Employee is receiving in connection with the performance of Employee’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 law, whether now or hereafter in effect and therefore, to the extent permitted by applicable law, Employee and Company hereby waive any provision of applicable 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.)

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