Reasonableness; Extraordinary Remedies; Tolling Sample Clauses

Reasonableness; Extraordinary Remedies; Tolling. Employee has carefully read and considered the provisions of Section 5, and, having done so, agrees that the restrictions set forth therein (including but not limited to the scope of defined terms, the time period of restrictions and the geographical areas of restriction set forth therein) are fair and reasonable and are reasonably required for the protection of the legitimate business interests of the Company and the Company Affiliated Group. Employee represents that Employee’s experience, capabilities, and personal assets, as well as the compensation Employee will receive during Employee’s employment or affiliation with the Company Affiliated Group, are such that Employee’s compliance with Section 5, will not prevent Employee from either earning a livelihood in the many business activities that are not restricted by this Agreement or from otherwise adequately and appropriately supporting Employee’s family. Employee further agrees that Employee shall not assert, or permit to be asserted on Employee’s behalf, in any forum, any position contrary to the foregoing. No breach of contract or violation of law by the Company shall operate to extinguish Employee’s obligations in Section 5. The parties acknowledge and agree that the individual covenants in this Agreement are separate and distinct commitments of Employee, independent of each other covenant hereunder. Accordingly, if, at the time of enforcement of such covenants, a court of competent jurisdiction or arbitrator holds that the restrictions stated herein are unreasonable under the circumstances then existing, the parties hereto agree that the maximum period or scope legally permissible under such circumstances will be substituted for the period or scope stated herein. Employee agrees that a breach of any covenant in this Section 5 would result in irreparable and continuing damage to the Company Affiliated Group and shall constitute a separate and independent material breach of this Agreement for which the applicable member(s) of the Company Affiliated Group may pursue its or their remedies hereunder or as otherwise allowed by law. In the event of a breach or threatened breach of any covenant in Section 5, it is understood and agreed that the Company and/or other applicable member(s) of the Company Affiliated Group shall be entitled to pursue temporary, preliminary and/or final injunctive relief without the necessity of posting any bond or similar security in connection with such action, as well as other...

Reasonableness; Extraordinary Remedies; Tolling. Employee has carefully read and considered the provisions of Section 5, and, having done so, agrees that the restrictions set forth therein (including but not limited to the scope of defined terms, the time period of restrictions and the geographical areas of restriction set forth therein) are fair and reasonable and are reasonably required for the protection of the legitimate business interests of the Company and the