Reasonableness of Restriction. Executive acknowledges that the foregoing non-solicitation, non-competition and non-interference restrictions placed upon Executive are necessary and reasonable to avoid the improper disclosure or use of Confidential Information, and that it has been made clear to Executive that Executive’s compliance with Section 5 of this Agreement is a material condition to Executive’s employment by Company. Executive further acknowledges and agrees that, if Executive breaches any of the requirements of Section 5.1, 5.2 or 5.3, the twelve (12) month restricted period set forth therein shall be tolled during the time of such breach. Executive further acknowledges and agrees that Allscripts has attempted to impose the restrictions contained hereunder only to the extent necessary to protect Allscripts from unfair competition and the unauthorized use or disclosure of Confidential Information. However, should the scope or enforceability of any restrictive covenant be disputed at any time, Executive specifically agrees that a court may modify or enforce the covenant to the full extent it believes to be reasonable under the circumstances existing at the time.
Appears in 7 contracts
Samples: Employment Agreement (Allscripts Healthcare Solutions, Inc.), Employment Agreement (Allscripts Healthcare Solutions, Inc.), Employment Agreement (Allscripts Healthcare Solutions, Inc.)
Reasonableness of Restriction. (i) Executive acknowledges that the foregoing non-solicitation, solicitation and non-competition and non-interference restrictions placed upon Executive are necessary and reasonable to avoid the improper disclosure or use of Confidential Informationreasonable, and that it has been made clear to Executive that Executive’s compliance with Section 5 of this Agreement is a material condition to Executive’s employment by Companythe payments and benefits provided to Executive pursuant to Section 2 and Schedule 1 of this Agreement. Executive further acknowledges and agrees that, if Executive breaches any of the requirements of subsections (a), (b) and (c) of this Section 5.1, 5.2 or 5.35, the twelve (12) month restricted period periods set forth therein shall be tolled during the time of such breach. .
(ii) Executive further acknowledges and agrees that Allscripts the Company Group has attempted to impose the restrictions contained hereunder only to the extent necessary to protect Allscripts the Company Group from unfair competition and the unauthorized use or disclosure of Confidential Informationcompetition. However, should the scope or enforceability of any the restrictive covenant be disputed at any time, Executive specifically agrees that a court may modify or enforce the covenant to the full extent it believes to be reasonable under the circumstances existing at the time.
Appears in 4 contracts
Samples: Separation Agreement (Allscripts Healthcare Solutions, Inc.), Separation Agreement (Allscripts Healthcare Solutions, Inc.), Separation Agreement (Allscripts Healthcare Solutions, Inc.)
Reasonableness of Restriction. (i) Executive acknowledges that the foregoing non-solicitation, non-competition and non-interference standstill restrictions placed upon Executive are necessary and reasonable to avoid the improper disclosure or use of Confidential Informationreasonable, and that it has been made clear to Executive that Executive’s compliance with Section 5 of this Agreement is a material condition to Executive’s employment by Companythe benefits provided to Executive pursuant to Section 2 and Schedule 1 of this Agreement. Executive further acknowledges and agrees that, if Executive breaches any of the requirements of subsections (a), (b) and (c) of this Section 5.1, 5.2 or 5.35, the twelve (12) month restricted period periods set forth therein shall be tolled during the time of such breach. .
(ii) Executive further acknowledges and agrees that Allscripts the Company Group has attempted to impose the restrictions contained hereunder only to the extent necessary to protect Allscripts the Company Group from unfair competition and the unauthorized use or disclosure of Confidential Informationcompetition. However, should the scope or enforceability of any the restrictive covenant be disputed at any time, Executive specifically agrees that a court may modify or enforce the covenant to the full extent it believes to be reasonable under the circumstances existing at the time.
Appears in 1 contract
Samples: Separation Agreement (Allscripts Healthcare Solutions, Inc.)
Reasonableness of Restriction. Executive acknowledges that the foregoing non-solicitation, solicitation and non-competition and non-interference restrictions placed upon Executive are necessary and reasonable to avoid the improper disclosure or use of Confidential Information, and that it has been made clear to Executive that Executive’s compliance with Section 5 of this Agreement is a material condition to Executive’s employment by Company. Executive further acknowledges and agrees that, if Executive breaches any of the requirements of Section 5.1, 5.2 or 5.3, the twelve (12) month restricted period set forth therein shall be tolled during the time of such breach. Executive further acknowledges and agrees that Allscripts has attempted to impose the restrictions contained hereunder only to the extent necessary to protect Allscripts from unfair competition and the unauthorized use or disclosure of Confidential Information. However, should the scope or enforceability of any restrictive covenant be disputed at any time, Executive specifically agrees that a court may modify or enforce the covenant to the full extent it believes to be reasonable under the circumstances existing at the time.
Appears in 1 contract
Samples: Employment Agreement (Allscripts Healthcare Solutions, Inc.)
Reasonableness of Restriction. (i) Executive acknowledges that the foregoing non-solicitation, solicitation and non-competition and non-interference restrictions placed upon Executive are necessary and reasonable to avoid the improper disclosure or use of Confidential Informationreasonable, and that it has been made clear to Executive that Executive’s compliance with Section 5 9 of this Agreement is a material condition to Executive’s employment by Companythe payments and benefits provided to Executive pursuant to Section 5 and Schedule 1 of this Agreement. Executive further acknowledges and agrees that, if Executive breaches any of the requirements of subsections (a), (b) and (c) of this Section 5.1, 5.2 or 5.39, the twelve (12) month restricted period periods set forth therein shall be tolled during the time of such breach. .
(ii) Executive further acknowledges and agrees that Allscripts the Company Group has attempted to impose the restrictions contained hereunder only to the extent necessary to protect Allscripts the Company Group from unfair competition and the unauthorized use or disclosure of Confidential Informationcompetition. However, should the scope or enforceability of any the restrictive covenant be disputed at any time, Executive specifically agrees that a court may modify or enforce the covenant to the full extent it believes to be reasonable under the circumstances existing at the time.
Appears in 1 contract
Samples: Separation Agreement (Allscripts Healthcare Solutions, Inc.)
Reasonableness of Restriction. Executive acknowledges that the foregoing non-solicitation, non-competition and non-interference restrictions non solicitation restriction placed upon Executive are is necessary and reasonable to avoid the improper disclosure or use of Confidential Information, and that it has been made clear to Executive that Executive’s compliance with Section 5 4 of this Agreement is a material condition to Executive’s employment by Companyreceipt of the benefits provided under this Agreement. Executive further acknowledges and agrees that, if Executive breaches any of the requirements of Section 5.1, 5.2 or 5.34.1, the twelve (12) month restricted period set forth therein shall be tolled during the time of such breach, but not for longer than twelve (12) months. Executive further acknowledges and agrees that Allscripts 3D Systems has attempted to impose the restrictions contained hereunder only to the extent necessary to protect Allscripts 3D Systems from unfair competition and the unauthorized use or disclosure of Confidential Information. However, should the scope or enforceability of any restrictive covenant be disputed at any time, Executive specifically agrees that a court may modify or enforce the covenant to the full extent it believes to be reasonable under the circumstances existing at the time.
Appears in 1 contract