Reasonableness; Enforcement. The Employee hereby represents that the Employee has read and understands, and agrees to be bound by, the terms of this Exhibit A. The Employee acknowledges that the geographic scope and duration of the covenants contained in this Exhibit A 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 Company’s operations of the Business, (b) the Employee’s contact with the Company’s business in all jurisdictions in which it is conducted, which includes the entire Restricted Area, and (c) the amount of confidential information that the Employee is receiving in connection with the performance of the Employee’s duties on behalf of the Company and/or its affiliates and the amount of goodwill with which the Employee is and/or will be connected and will help build on behalf of the Company and its affiliates. It is the desire and intent of the parties that the provisions of this Exhibit A be enforced to the fullest extent permitted under applicable Legal Requirements, whether now or hereafter in effect; therefore, to the extent permitted by applicable Legal Requirements, the Employee and the Company hereby waive any provision of applicable Legal Requirements that would render any provision of this Exhibit A invalid or unenforceable.
Appears in 3 contracts
Samples: Restricted Stock Unit Agreement (Frank's International N.V.), Restricted Stock Unit Agreement (Frank's International N.V.), Restricted Stock Unit Agreement (Frank's International N.V.)
Reasonableness; Enforcement. The Employee Participant hereby represents that the Employee Participant has read and understands, and agrees to be bound by, the terms of this Exhibit A. The Employee Participant acknowledges that the geographic scope and duration of the covenants contained in this Exhibit A 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 CompanyCompany Group’s operations of the Business, (b) the EmployeeParticipant’s contact with the CompanyCompany Group’s business in all jurisdictions in which it is conducted, which includes the entire Restricted Area, and (c) the amount of confidential information that the Employee Participant is receiving in connection with the performance of the EmployeeParticipant’s duties on behalf of the Company Group and/or its affiliates Affiliates and the amount of goodwill with which the Employee Participant is and/or will be connected and will help build on behalf of the Company Group and its affiliatesAffiliates. It is the desire and intent of the parties that the provisions of this Exhibit A be enforced to the fullest extent permitted under applicable Legal Requirements, whether now or hereafter in effect; therefore, to the extent permitted by applicable Legal Requirements, the Employee Participant and the Company Employer hereby waive any provision of applicable Legal Requirements that would render any provision of this Exhibit A invalid or unenforceable.
Appears in 2 contracts
Samples: Executive Severance and Change in Control Plan Participation Agreement (Preferred Apartment Communities Inc), Executive Severance and Change in Control Participation Agreement (Preferred Apartment Communities Inc)
Reasonableness; Enforcement. The Employee Executive hereby represents to the Company that the Employee Executive has read and understands, and agrees to be bound by, the terms of this Exhibit A. The Employee Article V. Executive acknowledges that the geographic scope and duration of the covenants contained in this Exhibit A Article V 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 Company’s operations of the BusinessCompany’s business, (b) the EmployeeExecutive’s level of control over and contact with the Company’s business in all jurisdictions in which it is conducted, which includes throughout the entire Restricted Area, and (c) the amount of confidential information fact that the Employee Business is receiving conducted by the Company throughout the Restricted Area, (d) the fact that Executive’s duties are fulfilled throughout, materially relate to work performed by the Company throughout, the Restricted Area, (e) the compensation and Confidential Information that Executive has received and will receive in connection conjunction with Executive’s employment with the performance of Company and (f) the Employee’s duties on behalf of the Company and/or its affiliates and the amount of goodwill with which the Employee is and/or will be connected that Executive has built and will help build on behalf of during Executive’s employment by the Company and its affiliatesCompany. It is the desire and intent of the parties Parties that the provisions of this Exhibit A Article V be enforced to the fullest extent permitted under any applicable Legal Requirementslaws, whether now or hereafter in effect; therefore, to the extent permitted by applicable Legal Requirements, the Employee . Executive and the Company hereby waive any provision of any applicable Legal Requirements laws that would render any provision of this Exhibit A Article V invalid or unenforceable.
Appears in 1 contract
Samples: Severance Benefit Agreement (Cobalt International Energy, Inc.)
Reasonableness; Enforcement. The Employee hereby represents to the Company that the Employee has read and understands, and agrees to be bound by, the terms of this Exhibit A. The Section 7. Employee acknowledges that the geographic scope and duration of the covenants contained in this Exhibit A Section 7 are the result of arm’sarms-length bargaining and are fair and reasonable in light of (a) the nature and wide geographic scope of the Company’s operations of the Businessbusiness, (b) the Employee’s level of control over and contact with the Company’s business Business in all jurisdictions in which it is conducted, which includes the entire Restricted Area, and (c) the amount of confidential information Confidential Information that the Employee is receiving in connection has received during Employee’s employment with the performance of the Employee’s duties on behalf of the Company and/or its affiliates and the amount of goodwill with which the Employee is and/or will be connected and will help build on behalf of the Company and its affiliatesCompany. It is the desire and intent of the parties Parties that the provisions of this Exhibit A Section 7 be enforced to the fullest extent permitted under applicable Legal Requirements, whether now or hereafter in effect; effect and therefore, to the extent permitted by applicable Legal Requirements, the Employee and the Company hereby waive any provision of applicable Legal Requirements that would render any provision of this Exhibit A Section 7 invalid or unenforceable.
Appears in 1 contract
Samples: Employee Separation Agreement (Ramaco Resources, Inc.)
Reasonableness; Enforcement. The Employee Participant hereby represents that the Employee Participant has read and understands, and agrees to be bound by, the terms of this Exhibit A. The Employee Participant acknowledges that the geographic scope and duration of the covenants contained in this Exhibit A 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 Company’s operations of the Business, (b) the EmployeeParticipant’s contact with the Company’s business in all jurisdictions in which it is conducted, which includes the entire Restricted Area, and (c) the amount of confidential information that the Employee Participant is receiving in connection with the performance of the EmployeeParticipant’s duties on behalf of the Company Employer and/or its affiliates and the amount of goodwill with which the Employee Participant is and/or will be connected and will help build on behalf of the Company Employer and its affiliates. It is the desire and intent of the parties that the provisions of this Exhibit A be enforced to the fullest extent permitted under applicable Legal Requirements, whether now or hereafter in effect; therefore, to the extent permitted by applicable Legal Requirements, the Employee Participant and the Company Employer hereby waive any provision of applicable Legal Requirements that would render any provision of this Exhibit A invalid or unenforceable.
Appears in 1 contract
Samples: Executive Change in Control Severance Plan Participation Agreement (Frank's International N.V.)