Common use of Reasonableness of Restrictions and Remedies Clause in Contracts

Reasonableness of Restrictions and Remedies. The Executive agrees that the terms of Section 8 of this Agreement are intended to protect and preserve legitimate business interests of the Employer and are reasonable and necessary. It is further agreed that any breach of Sections 8 of this Agreement may render irreparable harm to the Employer. In the event of a breach or threatened breach by the Executive, the Executive acknowledges and agrees that the Employer’s remedies at law may be inadequate and that, subject to Section 9, the Employer shall be entitled to injunctive and other equitable relief against any threatened or continued breach of this Agreement by the Executive without the necessity of proving irreparable harm or injury as a result of such breach or threatened breach or posting a bond. In the event a court of competent jurisdiction determines that any provision of this Agreement is excessively broad, it is expressly agreed that this Agreement shall be construed so that the remaining provisions hereof shall not be affected by any such determination, but shall remain in full force and effect, and any such overbroad provision(s) shall be deemed, without further action on the part of any party, to be modified, amended and/or limited, but only to the extent necessary to render the same valid and enforceable in such jurisdiction. Further, a court of competent jurisdiction may modify any such overbroad provision to the extent necessary to make the provision enforceable according to applicable law and enforce the provision as modified. The Executive further agrees that any applicable restricted period set forth in Sections 8(e) and (f) shall be tolled during any legal proceedings during which the Employer seeks to enforce any of these covenants against the Executive if it is ultimately determined that the Executive was in breach of such covenants.

Reasonableness of Restrictions and Remedies. The Executive Employee agrees that the terms of Section 8 Sections 3 through 7 of this Agreement are intended to protect and preserve legitimate business interests of the Employer Company and are reasonable and necessary. It is further agreed that any breach of Sections 8 3 through 7 of this Agreement may render irreparable harm to the EmployerCompany. In Except as otherwise provided in Addendum A to this Agreement, in the event of a breach or threatened breach by the ExecutiveEmployee, the Executive Employee acknowledges and agrees that the EmployerCompany’s remedies at law may be inadequate and that, subject to Section 9, that the Employer Company shall be entitled to injunctive and other equitable relief against any threatened or continued breach of this Agreement by the Executive Employee without the necessity of proving irreparable harm or injury as a result of such breach or threatened breach or posting a bondbond and without liability should relief be denied, modified or vacated. In the event a court of competent jurisdiction determines that any provision of this Agreement is excessively broad, it is expressly agreed that this Agreement shall be construed so that the remaining provisions hereof shall not be affected by any such determination, but shall remain in full force and effect, and any such overbroad provision(s) shall be deemed, without further action on the part of any party, to be modified, amended and/or limited, but only to the extent necessary to render the same valid and enforceable in such jurisdiction. Further, a court of competent jurisdiction may modify any such overbroad provision to the extent necessary to make the provision enforceable according to applicable law and enforce the provision as modified. The Executive further agrees that any applicable restricted period set forth Except as otherwise provided in Sections 8(e) and (f) Addendum A, the Restricted Period shall be tolled during any legal proceedings period of violation of any of the covenants in Sections 4 through 6 of this Agreement and during any other period required for litigation during which the Employer Company seeks to enforce any of these such covenants against the Executive Employee if it is ultimately determined that the Executive Employee was in breach of such covenants.

Reasonableness of Restrictions and Remedies. The Executive agrees You agree that the terms of Section 8 Sections 3 through 9 of this Agreement are intended to protect and preserve legitimate business interests of the Employer Company and are reasonable and necessary. It is further agreed that any breach of Sections 8 3 through 9 of this Agreement may render irreparable harm to the EmployerCompany. In the event of a breach or threatened breach by the Executiveyou, the Executive acknowledges you acknowledge and agrees agree that the EmployerCompany’s remedies at law may be inadequate and that, subject to Section 9, that the Employer Company shall be entitled to injunctive and other equitable relief against any threatened or continued breach of this Agreement by the Executive you without the necessity of proving irreparable harm or injury as a result of such breach or threatened breach or posting a bondbond and without liability should relief be denied, modified or vacated. In the event a court of competent jurisdiction determines that any provision of this Agreement is excessively broad, it is expressly agreed that this Agreement shall be construed so that the remaining provisions hereof shall not be affected by any such determination, but shall remain in full force and effect, and any such overbroad provision(s) shall be deemed, without further action on the part of any party, to be modified, amended and/or limited, but only to the extent necessary to render the same valid and enforceable in such jurisdiction. Further, a court of competent jurisdiction may modify any such overbroad provision to the extent necessary to make the provision enforceable according to applicable law and enforce the provision as modified. The Executive You further agrees agree that any applicable restricted period set forth in Sections 8(e) 5–6 and (f) 9 shall be tolled during any legal proceedings during which the Employer Company seeks to enforce any of these covenants against the Executive you if it is ultimately determined that the Executive was you were in breach of such covenants.