Reasonableness of Restrictions; Severability. 13.1 The Employee has carefully read and considered the provisions of Sections 1 through 12 and, having done so, agrees that the restrictions set forth in these provisions are fair and reasonable and are reasonably required for the protection of the interests of the Employer and its business, officers, directors and employees and, therefore, waives all defenses to the strict enforcement of such restrictions by the Employer. The Employer and the Employee acknowledge and agree that the restrictions set forth in this Agreement shall not impair the Employee's ability to secure employment within the field or fields of the Employee's choice including, without limitation, those areas in which the Employee is, is to be, or has been employed by the Employer.
Reasonableness of Restrictions; Severability. The Executive has carefully read and considered the provisions of Section 4 hereof, and agrees that the restrictions set forth in such Section are fair and are reasonably required for the protection of the legitimate interests of the Company. In the event that, notwithstanding the foregoing, any section of this Agreement, or any other part hereof, shall be held by a court of competent jurisdiction to be invalid or unenforceable, the remaining provisions thereof and hereof shall nevertheless continue to be valid and enforceable as though the invalid or unenforceable parts had not been included therein. Without limiting the foregoing, in the event that any provision of Section 4 hereof relating to the time period or the areas of restriction (or both) shall be held by a court of competent jurisdiction to exceed the maximum time period or area such court deems reasonable and enforceable, the time period or areas of restriction (or both) deemed reasonable and enforceable by the court shall become and thereafter be the maximum time period or areas of restriction (or both). The periods of time applicable to any covenant in Section 4 shall be extended by the duration of any violation by the Executive of such covenant. The Executive shall, while the covenants under Section 4 are in effect, give notice to the Company, within ten days after accepting any other employment, of the identity of the Executive's employer. The Company may notify such employer that the Executive is bound by this Agreement and, at the Company's election, furnish such employer with a copy of the relevant portions of this Agreement.
Reasonableness of Restrictions; Severability. THE UNDERSIGNED HAS CAREFULLY READ AND CONSIDERED THE PROVISIONS OF SECTIONS 1 THROUGH 7 HEREOF AND, HAVING DONE SO, AGREES THAT THE RESTRICTIONS SET FORTH IN SUCH SECTIONS ARE FAIR AND REASONABLE AND ARE REASONABLY REQUIRED FOR THE PROTECTION OF THE INTERESTS OF THE AGENT. The provisions of this Agreement shall be deemed reasonable, and the invalidity or unenforceability of any one or more of the provisions hereof shall not affect the validity and enforceability of the other provisions hereof. The Undersigned agrees that the breach or alleged breach by the Undersigned of any covenant contained in another agreement (if any) between the Agent and the Undersigned or any obligation owed to the Undersigned by the Agent, shall not affect the validity or enforceability of the covenants and agreements of the Undersigned set forth herein.
Reasonableness of Restrictions; Severability. 4.1 EMPLOYEE HAS CAREFULLY READ AND CONSIDERED THE PROVISIONS OF SECTION 3, INCLUDING ALL SUBPARTS, AND HAVING DONE SO, AGREES THAT THE RESTRICTIONS SET FORTH IN SUCH SECTION ARE FAIR AND REASONABLE AND ARE REASONABLY REQUIRED FOR THE PROTECTION OF THE INTERESTS OF THE COMPANY AND ITS BUSINESS, OFFICERS, DIRECTORS, AND EMPLOYEES. The Employee further agrees that the restrictions set forth in this Agreement shall not impair his ability to secure employment within the field or fields of his choice including, without limitation. those areas in which the Employee is, is to be or has been employed by the Company.
Reasonableness of Restrictions; Severability. 7.1 EXECUTIVE HAS CAREFULLY READ AND CONSIDERED THE PROVISIONS OF SECTION 6, INCLUDING ALL SUBPARTS, AND HAVING DONE SO, AGREES THAT THE RESTRICTIONS SET FORTH IN SUCH SECTION ARE FAIR AND REASONABLE AND ARE REASONABLY REQUIRED FOR THE PROTECTION OF THE INTERESTS OF THE COMPANY AND ITS BUSINESS, OFFICERS, DIRECTORS, AND EMPLOYEES. Executive further agrees that the restrictions set forth in this Agreement shall not impair his ability to secure employment within the field or fields of his choice including, without limitation. those areas in which Executive is, is to be or has been employed by the Company.
Reasonableness of Restrictions; Severability. (a) Employee agrees that the terms of this Agreement are reasonable and do not impose a greater restraint than necessary to protect Employer’s legitimate protectable business interests, including, but not limited to, the protection of its Confidential Information and trade secrets. Employee agrees and acknowledges that the restrictions contained in this Agreement do not preclude Employee from earning a livelihood, nor do they unreasonably impose limitations on Employee’s ability to earn a living. Employee further agrees and acknowledges that the potential harm to Employer of the non-enforcement of this Agreement outweighs any potential harm to Employee from its enforcement by injunction or otherwise. It is the desire and intent of the parties hereto that the provisions of this Agreement shall be enforced to the fullest extent legally permissible.
Reasonableness of Restrictions; Severability. 9.1 The Employer and the Employee acknowledge and agree that the restrictions set forth in this Agreement shall not impair the Employee's ability to secure employment within the field or fields of the Employee's choice including, without limitation, those areas in which the Employee is, is to be, or has been employed by the Employer.
Reasonableness of Restrictions; Severability. 3.4.1 MAI represents and warrants that it has carefully read and considered the provisions of section 3.0 and having done so, agrees that the restrictions set forth therein are fair and reasonable and are reasonably required for the protection of the interests of Isotonix(R), its business, assigns and shareholders.
Reasonableness of Restrictions; Severability. The parties agree that the restrictions contained in Section 5.7 and Section 5.8 are reasonable and necessary to protect the Proprietary Information, business relationships and employment relationships of the Company, and the goodwill and intangibles associated therewith, and in particular that the duration and scope of the restrictions are reasonable under all the circumstances known on the date hereof. Sellers understand that the covenants set forth herein are essential elements of the consideration underlying this Agreement. The parties further agree that if, at the time these covenants are sought to be enforced, a court of competent jurisdiction determines that any provision is overly broad, unenforceable or void under applicable Law, the court shall reform such overly broad, unenforceable or void provision to the extent needed to make it enforceable or, if reformation is not permissible under applicable Law, strike out such overly broad, unenforceable or void provision, and enforce the other terms as written.
Reasonableness of Restrictions; Severability. 9.1 The Company and the Consultant acknowledge and agree that the restrictions set forth in this Agreement shall not impair the Consultant's ability to secure employment or consulting engagements within the field or fields of the Consultant's choice including, without limitation, those areas in which the Consultant is, is to be, or has been employed by the Company.
