Common use of Reasonableness of Restrictions Clause in Contracts

Reasonableness of Restrictions. (a) Employee expressly acknowledges that he has carefully read and considered the provisions of Paragraphs 6, 7, 8 and 9, and, having done so, agrees that the restrictions set forth in these Paragraphs, including, but not limited to, the time periods and geographic areas of restriction are fair and reasonable and are reasonably required for the protection of the interests of the Company and its officers, directors, shareholders and other employees. (b) In the event that, notwithstanding the foregoing, any of the provisions of Xxxxxxxxxx 0, 0, 0 xxx 0 xxxxx xx held to be invalid or unenforceable, the remaining provisions thereof shall nevertheless continue to be valid and enforceable as though the invalid or unenforceable parts had not been included therein. In the event that any provision of Paragraphs 6, 7, 8 and 9 relating to the time period and/or the areas of restriction and/or related aspects shall be declared by a court of competent jurisdiction to exceed the maximum restrictiveness such court deems reasonable and enforceable, the time period and/or areas of restriction and/or related aspects deemed reasonable and enforceable by the court shall become and thereafter be the maximum restriction in such regard, and the restriction shall remain enforceable to the fullest extent deemed reasonable by such court.

Appears in 19 contracts

Samples: Employment Agreement (Syntroleum Corp), Employment Agreement (Syntroleum Corp), Employment Agreement (Syntroleum Corp)

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Reasonableness of Restrictions. (a) The Employee expressly acknowledges that he has carefully read and considered the provisions of Paragraphs 6, 7, Sections 8 and 9, and, having done so, agrees that the restrictions set forth in these Paragraphssaid Sections, including, but not limited to, the time periods period of restriction and geographic geographical areas of restriction are fair and reasonable and are reasonably required for the protection of the interests of the Company and its parent or subsidiary corporations, officers, directors, shareholders shareholders, and other employees. (b) In the event that, notwithstanding the foregoing, any of the provisions of Xxxxxxxxxx 0, 0, 0 xxx 0 xxxxx xx Sections 8 and 9 shall be held to be invalid or unenforceable, the remaining provisions thereof shall nevertheless continue to be valid and enforceable as though the invalid or unenforceable parts had not been included therein. In the event that any provision of Paragraphs 6, 7, Sections 8 and or 9 relating to the time period and/or the areas of restriction and/or related aspects shall be declared by a court of competent jurisdiction to exceed the maximum restrictiveness such court deems reasonable and enforceable, the time period and/or areas of restriction and/or related aspects deemed reasonable and enforceable by the court shall become and thereafter be the maximum restriction in such regard, and the restriction shall remain enforceable to the fullest extent deemed reasonable by such court.

Appears in 11 contracts

Samples: Employment Agreement (Medplus Inc /Oh/), Employment Agreement (Medplus Inc /Oh/), Employment Agreement (Medplus Inc /Oh/)

Reasonableness of Restrictions. (a) Employee expressly acknowledges that he The Executive has carefully read and considered the provisions of Paragraphs 6, this Section 7, 8 and 9, and, having done so, agrees (a) that the restrictions set forth herein are reasonable, in these Paragraphsterms of scope, includingduration, but not limited togeographic area, the time periods and geographic areas of restriction are fair and reasonable and are reasonably required for otherwise, (b) that the protection afforded to the Company hereunder is necessary to protect its legitimate business interests, (c) that the agreement to observe such restrictions form a material part of the interests of consideration for this Agreement and the Executive's employment by the Company and its officers(d) that upon the termination of the Executive’s employment with the Company for any reason, directors, shareholders and other employees. (b) he will be able to earn a livelihood without violating the foregoing restrictions. In the event that, notwithstanding the foregoing, any of the provisions of Xxxxxxxxxx 0, 0, 0 xxx 0 xxxxx xx this Section 7 shall be held to be invalid or unenforceable, the remaining provisions thereof shall nevertheless continue to be valid and enforceable as though the invalid or unenforceable parts had not been included therein. In the event that any provision of Paragraphs 6, 7, 8 and 9 this Section relating to the time period and/or the areas of restriction and/or related aspects shall be declared by a court of competent jurisdiction to exceed the maximum restrictiveness such court deems reasonable and enforceable, the time period and/or areas of restriction and/or related aspects deemed reasonable and enforceable by the court shall become and thereafter be the maximum restriction in such regard, and the restriction shall remain enforceable to the fullest extent deemed reasonable by such court.

Appears in 4 contracts

Samples: Executive Employment Agreement (Fortress America Acquisition CORP), Executive Employment Agreement (Fortress America Acquisition CORP), Executive Employment Agreement (Fortress International Group, Inc.)

Reasonableness of Restrictions. (a) The Employee expressly acknowledges that he has carefully read and considered the provisions of Paragraphs 6, Sections 6 and 7, 8 and 9, and, having done so, agrees that the restrictions set forth in these Paragraphssections, including, but not limited to, the time periods period of restriction and geographic geographical areas of restriction are fair and reasonable and are reasonably required for the protection of the interests of the Company and its parent or subsidiary companies, officers, directors, shareholders and other employeesEmployees. (b) In the event that, notwithstanding the foregoing, any of the provisions of Xxxxxxxxxx 0, 0, 0 xxx 0 xxxxx xx Sections 6 and 7 shall be held to be invalid or unenforceable, the remaining provisions thereof shall nevertheless continue to be valid and enforceable as though the invalid or unenforceable parts had not been included therein. In the event that any provision of Paragraphs 6, 7, 8 and 9 Sections 6 or 7 relating to the time period and/or the areas of restriction and/or related aspects shall be declared by a court of competent jurisdiction to exceed the maximum restrictiveness such court deems reasonable and enforceable, the time period and/or areas of restriction and/or related aspects deemed reasonable and enforceable by the court shall become and thereafter be the maximum restriction in such regard, and the restriction shall remain enforceable to the fullest extent deemed reasonable by such court.

Appears in 3 contracts

Samples: Employment Agreement (DG FastChannel, Inc), Employment Agreement (DG FastChannel, Inc), Employment Agreement (DG FastChannel, Inc)

Reasonableness of Restrictions. (a) Employee expressly acknowledges that he a. Executive has carefully read and considered the provisions of Paragraphs 6, 7, Section 8 and Section 9, and, having done so, agrees that the that: (i) The restrictions set forth in these ParagraphsSection 8 and Section 9, including, including but not limited toto the character, the time periods duration, and geographic areas geographical area of restriction restriction, are fair and reasonable and are reasonably required for the protection of the good will and other legitimate business interests of the Company Corporation and its affiliates, officers, directors, shareholders shareholders, and other employees; (ii) Executive has received, or is entitled to receive pursuant to the terms of this Agreement, adequate consideration for such obligations; and (iii) Such obligations do not prevent Executive from earning a livelihood. (b) In the event thatb. If, notwithstanding the foregoing, any of the provisions of Xxxxxxxxxx 0, 0, 0 xxx 0 xxxxx xx Section 8 or Section 9 shall be held to be invalid or unenforceable, the remaining provisions thereof shall nevertheless continue to be valid and enforceable as though the invalid or and unenforceable parts had not been included therein. In the event that If any provision of Paragraphs 6, 7, Section 8 and or Section 9 relating to the time period and/or the areas of restriction and/or related aspects shall be declared is determined by a court of competent jurisdiction to exceed that the maximum restrictiveness such court deems reasonable and enforceablecharacter, the time period and/or areas of restriction and/or duration, geographical scope, or related aspects deemed reasonable and enforceable are unreasonable in light of the circumstances as they then exist, then it is the intention of the parties that Section 8 and/or Section 9 shall be construed by the court in such a manner as to impose only those restrictions on the conduct of Executive that are reasonable in light of the circumstances as they then exist and as are necessary to assure the Corporation of the intended benefit of this Agreement and such restrictions, as so modified, shall become and thereafter be the maximum restriction in such regard, and the restriction shall remain enforceable to the fullest extent deemed reasonable by such court.

Appears in 3 contracts

Samples: Employment Agreement (Genaissance Pharmaceuticals Inc), Employment Agreement (Genaissance Pharmaceuticals Inc), Employment Agreement (Genaissance Pharmaceuticals Inc)

Reasonableness of Restrictions. (a) A. Employee expressly acknowledges that he has carefully read and considered the provisions of Paragraphs 6, 7, 8 and 9, Section 1 hereof and, having done so, agrees that the restrictions set forth in these Paragraphs, therein (including, but not limited to, the time periods period of restriction and geographic the geographical areas of restriction restriction) are fair and reasonable and are reasonably required for the protection of the interests of the Company and Employer, its officers, directors, shareholders and other employees. (b) B. In the event that, notwithstanding the foregoing, any part of the provisions of Xxxxxxxxxx 0, 0, 0 xxx 0 xxxxx xx covenants set forth in Section 1 hereof shall be held to be invalid or unenforceable, the remaining provisions parts thereof shall nevertheless continue to be valid and enforceable as though the invalid or unenforceable parts had not been included therein. In the event that any provision of Paragraphs 6, 7, 8 and 9 Section 1 relating to the time period and/or the areas of restriction and/or related aspects shall be declared by a court of competent jurisdiction to exceed the maximum restrictiveness time period or areas such court deems reasonable and enforceable, the agreed upon time period and/or areas of restriction and/or related aspects shall be deemed reasonable and enforceable by the court shall to become and thereafter be the maximum restriction in time period and/or areas which such regardcourt deems reasonable and enforceable. C. For the Employees Benefit of this agreement, the Employer shall provide all training and advertising that the restriction shall remain enforceable to employer deems necessary for the fullest extent deemed reasonable by such courtsuccess of the Employee and Employer.

Appears in 3 contracts

Samples: Employee Non Compete Agreement, Employee Non Compete Agreement, Employee Non Compete Agreement

Reasonableness of Restrictions. (a) Employee expressly acknowledges that he The Executive has carefully read and considered the provisions of Paragraphs 6, this Section 7, 8 and 9, and, having done so, agrees (a) that the restrictions set forth herein are reasonable, in these Paragraphsterms of scope, includingduration, but not limited togeographic area, the time periods and geographic areas of restriction are fair and reasonable and are reasonably required for otherwise, (b) that the protection afforded to the Company hereunder is necessary to protect its legitimate business interests, (c) that the agreement to observe such restrictions form a material part of the interests of consideration for this Agreement and the Executive’s employment by the Company and its officers(d) that upon the termination of the Executive’s employment with the Company for any reason, directors, shareholders and other employees. (b) he will be able to earn a livelihood without violating the foregoing restrictions. In the event that, notwithstanding the foregoing, any of the provisions of Xxxxxxxxxx 0, 0, 0 xxx 0 xxxxx xx this Section 7 shall be held to be invalid or unenforceable, the remaining provisions thereof shall nevertheless continue to be valid and enforceable as though the invalid or unenforceable parts had not been included therein. In the event that any provision of Paragraphs 6, 7, 8 and 9 this Section 7 relating to the time period and/or the areas of restriction and/or related aspects shall be declared by a court of competent jurisdiction to exceed the maximum restrictiveness such court deems reasonable and enforceable, the time period and/or areas of restriction and/or related aspects deemed reasonable and enforceable by the court shall become and thereafter be the maximum restriction in such regard, and the restriction shall remain enforceable to the fullest extent deemed reasonable by such court. The Restrictive Period shall be computed by excluding from such computation any time during which the Executive is in violation of any provision of this Section 7.

Appears in 3 contracts

Samples: Executive Employment Agreement (TSS, Inc.), Executive Employment Agreement (TSS, Inc.), Executive Employment Agreement (TSS, Inc.)

Reasonableness of Restrictions. (a) Employee expressly acknowledges that he A. Executive has carefully read and considered the provisions of Paragraphs 6Section XIV and XV hereof, 7, 8 and 9, and, having done so, agrees that the restrictions set forth in these Paragraphs, such Sections (including, but not limited to, the time periods period of restriction and geographic the geographical areas of restriction set forth in Section XV hereof) are fair and reasonable and are reasonably required for the protection of the interests of the Company and Employer, its officers, directors, shareholders and other employeesExecutives. (b) B. In the event that, notwithstanding the foregoing, any of the provisions of Xxxxxxxxxx 0, 0, 0 xxx 0 xxxxx xx Sections XIV and XV shall be held to be invalid or unenforceable, the remaining provisions thereof shall nevertheless continue to be valid and enforceable as though the invalid or unenforceable parts had not been included therein. In the event that any provision of Paragraphs 6, 7, 8 and 9 Section XV hereof relating to the time period and/or the areas of restriction and/or related aspects shall be declared by a court of competent jurisdiction to exceed the maximum restrictiveness time period or areas such court deems reasonable and enforceable, the said time period and/or areas of restriction shall be deemed to become, and thereafter be, the maximum time period and/or related aspects deemed area which such court deems reasonable and enforceable by the court shall become and thereafter be the maximum restriction in such regard, and the restriction shall remain enforceable to the fullest extent deemed reasonable by such courtenforceable.

Appears in 3 contracts

Samples: Employment Agreement (Abatix Corp), Employment Agreement (Abatix Corp), Employment Agreement (Abatix Corp)

Reasonableness of Restrictions. (a) Employee expressly acknowledges that he a. Executive has carefully read and considered the provisions of Paragraphs Section 6, 7, 8 and 9, and, having done so, agrees that the that: (i) The restrictions set forth in these ParagraphsSection 6, including, including but not limited to, to the time periods period, scope and geographic areas geographical area of restriction restriction, are fair and reasonable and are reasonably required for the protection of the good will and other legitimate business interests of the Company Corporation and its affiliates, officers, directors, shareholders shareholders, and other employees; (ii) Executive has received, or is entitled to receive pursuant to the provisions of this Agreement, adequate consideration for such obligations; and (iii) Such obligations do not prevent Executive from earning a livelihood. (b) In the event thatb. If, notwithstanding the foregoing, any of the provisions of Xxxxxxxxxx 0, 0, 0 xxx 0 xxxxx xx Section 6 shall be held to be invalid or unenforceable, the remaining provisions thereof shall nevertheless continue to be valid and enforceable as though the invalid or and unenforceable parts had not been included therein. In the event that If any provision of Paragraphs 6, 7, 8 and 9 Section 6 relating to the time period and/or the areas of restriction and/or related aspects shall be declared by a court of competent jurisdiction to exceed the maximum restrictiveness such court deems reasonable and enforceable, the time period and/or areas of restriction and/or related aspects deemed reasonable and enforceable by the court shall become and thereafter be the maximum restriction in such regard, and the restriction shall remain enforceable to the fullest extent deemed reasonable by such court.

Appears in 3 contracts

Samples: Employment Agreement (Genaissance Pharmaceuticals Inc), Employment Agreement (Genaissance Pharmaceuticals Inc), Employment Agreement (Genaissance Pharmaceuticals Inc)

Reasonableness of Restrictions. (a) Employee expressly acknowledges that he The Executive has carefully read and considered the provisions of Paragraphs 6, this Section 7, 8 and 9, and, having done so, agrees (a) that the restrictions set forth herein are reasonable, in these Paragraphsterms of scope, includingduration, but not limited togeographic area, the time periods and geographic areas of restriction are fair and reasonable and are reasonably required for otherwise, (b) that the protection afforded to the Company hereunder is necessary to protect its legitimate business interests, (c) that the agreement to observe such restrictions form a material part of the interests of consideration for this Agreement and the Executive’s employment by the Company and its officers(d) that upon the termination of the Executive’s employment with the Company for any reason, directors, shareholders and other employees. (b) he will be able to earn a livelihood without violating the foregoing restrictions. In the event that, notwithstanding the foregoing, any of the provisions of Xxxxxxxxxx 0, 0, 0 xxx 0 xxxxx xx this Section 7 shall be held to be invalid or unenforceable, the remaining provisions thereof shall nevertheless continue to be valid and enforceable as though the invalid or unenforceable parts had not been included therein. In the event that any provision of Paragraphs 6, 7, 8 and 9 this Section 7 relating to the time period and/or the areas of restriction and/or related aspects shall be declared by a court of competent jurisdiction to exceed the maximum restrictiveness such court deems reasonable and enforceable, the time period and/or areas of restriction and/or related aspects deemed reasonable and enforceable by the court shall become and thereafter be the maximum restriction in such regard, and the restriction shall remain enforceable to the fullest extent deemed reasonable by such court.

Appears in 2 contracts

Samples: Executive Employment Agreement (Fortress International Group, Inc.), Executive Employment Agreement (Fortress International Group, Inc.)

Reasonableness of Restrictions. (a) Employee expressly acknowledges that he Executive has carefully read and considered the provisions of Paragraphs 6, this Section 7, 8 and 9, and, having done so, agrees that the that: (i) The restrictions set forth in these ParagraphsSection 7, including, including but not limited toto the character, the time periods duration, and geographic areas geographical area of restriction restriction, are fair and reasonable and are reasonably required for the protection of the good will and other legitimate business interests of the Company Corporation and its affiliates, officers, directors, shareholders shareholders, and other employees.; (bii) In the event thatExecutive has received, or is entitled to receive, adequate consideration for such obligations; and (iii) Such obligations do not prevent Executive from earning a livelihood. If, notwithstanding the foregoing, any of the provisions of Xxxxxxxxxx 0, 0, 0 xxx 0 xxxxx xx this Section 7 shall be held to be invalid or unenforceable, the remaining provisions thereof shall nevertheless continue to be valid and enforceable as though the invalid or and unenforceable parts had not been included therein. In the event that If any provision of Paragraphs 6, 7, 8 and 9 relating to the time period and/or the areas of restriction and/or related aspects shall be declared this Section 7 is determined by a court of competent jurisdiction to exceed that the maximum restrictiveness such court deems reasonable and enforceablecharacter, the time period and/or areas of restriction and/or duration, geographical scope, or related aspects deemed reasonable and enforceable are unreasonable in light of the circumstances as they then exist, then it is the intention of the parties that Section 7 shall be construed by the court in such a manner as to impose only those restrictions on the conduct of Executive that are reasonable in light of the circumstances as they then exist and as are necessary to assure the Corporation of the intended benefit of this Agreement and such restrictions, as so modified, shall become and thereafter be the maximum restriction in such regard, and the restriction shall remain enforceable to the fullest extent deemed reasonable by such court.

Appears in 2 contracts

Samples: Employment Agreement (Hesperos, Inc), Employment Agreement (Fuelcell Energy Inc)

Reasonableness of Restrictions. (a) Employee expressly acknowledges that he has carefully read and considered the provisions of Paragraphs 6paragraphs 5, 6 and 7, 8 and 9, and, having done so, agrees that the restrictions set forth in these Paragraphsparagraphs, including, but not limited to, the time periods period of restriction and geographic the geographical areas of restriction set forth in paragraph 6, are fair and reasonable and are reasonably required for the protection of the interests of the Company Employer and its officers, directors, shareholders and other employees. (b) In the event that, notwithstanding the foregoing, any of the provisions of Xxxxxxxxxx 0paragraphs 5, 0, 0 xxx 0 xxxxx xx 6 and 7 shall be held to be invalid or unenforceable, the remaining provisions thereof shall nevertheless continue to be valid and enforceable as though the invalid or unenforceable parts had not been included therein. In the event that any provision of Paragraphs 6, 7, 8 and 9 paragraph 5 or 6 relating to the time period and/or the areas of restriction and/or related aspects shall be declared by a court of competent jurisdiction arbitration to exceed the maximum restrictiveness time period or areas such court deems reasonable and enforceable, the time period and/or areas of restriction and/or related aspects deemed reasonable and enforceable by the court shall become and thereafter be the maximum restriction in such regard, and the restriction shall remain enforceable to the fullest extent deemed reasonable by such courttime period and/or areas.

Appears in 2 contracts

Samples: Employment Agreement (Dimensional Visions Inc/ De), Employment Agreement (Dimensional Visions Inc/ De)

Reasonableness of Restrictions. (a) Employee expressly acknowledges that he has carefully read and considered the provisions of Paragraphs Sections 5, 6, 7, 8 and 98, and, having done so, agrees that the restrictions set forth in these ParagraphsSections, including, but not limited to, the time periods and geographic areas of restriction are fair and reasonable and are reasonably required for the protection of the interests of the Company and its officers, directors, shareholders and other employees. (b) In the event that, notwithstanding the foregoing, any of the provisions of Xxxxxxxxxx Sxxxxxxx 0, 0, 0 0, xxx 0 xxxxx xx held to be invalid or unenforceable, the remaining provisions thereof shall nevertheless continue to be valid and enforceable as though the invalid or unenforceable parts had not been included therein. In the event that any provision of Paragraphs Sections 5, 6, 7, 7 and 8 and 9 relating to the time period and/or the areas of restriction and/or related aspects shall be declared by a court of competent jurisdiction to exceed the maximum restrictiveness such court deems reasonable and enforceable, the time period and/or areas of restriction and/or related aspects deemed reasonable and enforceable by the court shall become and thereafter be the maximum restriction in such regard, and the restriction shall remain enforceable to the fullest extent deemed reasonable by such court.

Appears in 1 contract

Samples: Employment Agreement (Syntroleum Corp)

Reasonableness of Restrictions. (a) 10.1 Employee expressly acknowledges that he has carefully read and considered the provisions of Paragraphs paragraphs 6, 7, 8 and 9, 9 hereof and, having done so, agrees that the restrictions and agreements set forth in these Paragraphs, such paragraphs (including, but not limited to, the time periods and geographic areas of restriction period or restriction) are fair and reasonable and are reasonably required for the protection of the interests of the Company and Employer, its respective officers, directors, shareholders directors and other employees. (b) 10.2 In the event that, notwithstanding the foregoing, any of the provisions of Xxxxxxxxxx 0paragraphs 6, 07, 0 xxx 0 xxxxx xx 8 and 9 hereof shall be held to be invalid or unenforceableenforceable, the remaining provisions thereof shall nevertheless continue to be valid and enforceable as though the invalid or and unenforceable parts had not been included therein. In the event that any provision of Paragraphs 6paragraphs 6 or 7 relating time period and/or areas of restriction, 7, 8 and 9 relating to the time period and/or the areas area of restriction and/or related aspects under this Agreement shall be declared by a court of competent jurisdiction to exceed the maximum restrictiveness time period and/or areas of restriction shall be deemed to become and thereafter be the maximum time period and/or areas which such court deems reasonable and enforceable, the time period and/or areas of restriction and/or related aspects deemed reasonable and enforceable by the court shall become and thereafter be the maximum restriction in such regard, and the restriction shall remain enforceable to the fullest extent deemed reasonable by such court.

Appears in 1 contract

Samples: Employment Agreement (Harmon Industries Inc)

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Reasonableness of Restrictions. (a) Employee expressly acknowledges that he The Executive has carefully read and considered the provisions of Paragraphs 6, this Section 7, 8 and 9, and, having done so, agrees (a) that the restrictions set forth herein are reasonable, in these Paragraphsterms of scope, includingduration, but not limited togeographic area, the time periods and geographic areas of restriction are fair and reasonable and are reasonably required for otherwise, (b) that the protection afforded to the Company hereunder is necessary to protect its legitimate business interests, (c) that the agreement to observe such restrictions form a material part of the interests of consideration for this Agreement and the Executive’s employment by the Company and its officers(d) that upon the termination of the Executive’s employment with the Company for any reason, directors, shareholders and other employees. (b) she will be able to earn a livelihood without violating the foregoing restrictions. In the event that, notwithstanding the foregoing, any of the provisions of Xxxxxxxxxx 0, 0, 0 xxx 0 xxxxx xx this Section 7 shall be held to be invalid or unenforceable, the remaining provisions thereof shall nevertheless continue to be valid and enforceable as though the invalid or unenforceable parts had not been included therein. In the event that any provision of Paragraphs 6, 7, 8 and 9 this Section 7 relating to the time period and/or the areas of restriction and/or related aspects shall be declared by a court of competent jurisdiction to exceed the maximum restrictiveness such court deems reasonable and enforceable, the time period and/or areas of restriction and/or related aspects deemed reasonable and enforceable by the court shall become and thereafter be the maximum restriction in such regard, and the restriction shall remain enforceable to the fullest extent deemed reasonable by such court.

Appears in 1 contract

Samples: Executive Employment Agreement (Fortress International Group, Inc.)

Reasonableness of Restrictions. (a) Employee expressly acknowledges that he a. Executive has carefully read and considered the provisions of Paragraphs 6, 7, 8 Section 4 and 9Section 5, and, having done so, agrees that the that: (i) The restrictions set forth in these ParagraphsSection 4 and Section 5, including, including but not limited to, to the time periods period, scope and geographic areas geographical area of restriction restriction, are fair and reasonable and are reasonably required for the protection of the good will and other legitimate business interests of the Company Corporation and its affiliates, officers, directors, shareholders shareholders, and other employees; (ii) Executive has received adequate consideration for such obligations; and (iii) Such obligations do not prevent Executive from earning a livelihood. (b) In the event thatb. If, notwithstanding the foregoing, any of the provisions of Xxxxxxxxxx 0, 0, 0 xxx 0 xxxxx xx Section 4 or Section 5 shall be held to be invalid or unenforceable, the remaining provisions thereof shall nevertheless continue to be valid and enforceable as though the invalid or and unenforceable parts had not been included therein. In the event that If any provision of Paragraphs 6, 7, 8 and 9 Section 4 or Section 5 relating to the time period and/or the areas of restriction and/or related aspects shall be declared by a court of competent jurisdiction to exceed the maximum restrictiveness such court deems reasonable and enforceable, the time period and/or areas of restriction and/or related aspects deemed reasonable and enforceable by the court shall become and thereafter be the maximum restriction in such regard, and the restriction shall remain enforceable to the fullest extent deemed reasonable by such court.

Appears in 1 contract

Samples: Confidentiality & Noncompetition Agreement (Genaissance Pharmaceuticals Inc)

Reasonableness of Restrictions. (a) Employee expressly acknowledges that he Mx. Xxxxxx has carefully read and considered the provisions of Paragraphs 6, 7, 8 and 9this Section 3, and, having done so, agrees (a) that the restrictions set forth in these Paragraphsthis Section 3 are reasonable, includingin terms of scope, but not limited toduration, the time periods geographic area, and geographic areas of restriction are fair and reasonable and are reasonably required for otherwise, (b) that the protection of the interests of afforded to the Company and its officersSubsidiaries under this Section 3 is necessary to protect their legitimate business interests, directors, shareholders and other employees. (bc) In Mx. Xxxxxx will be able to earn a livelihood without violating the event that, notwithstanding restrictions contained in this Section 3. Notwithstanding the foregoing, if any of the provisions of Xxxxxxxxxx 0, 0, 0 xxx 0 xxxxx xx this Section 3 shall be held to be invalid or unenforceable, the remaining provisions thereof of this Section 3 shall nevertheless continue to be valid and enforceable as though the invalid or unenforceable parts had not been included thereinin this Section 3. In the event that If any provision of Paragraphs 6, 7, 8 and 9 this Section 3 relating to the time period and/or the areas of restriction and/or related aspects shall be declared by a court of competent jurisdiction to exceed the maximum restrictiveness such court deems reasonable and enforceable, the time period and/or areas of restriction and/or related aspects deemed reasonable and enforceable by the court shall become and thereafter be the maximum restriction in such regard, and the restriction shall remain enforceable to the fullest extent deemed reasonable by such court.

Appears in 1 contract

Samples: Resignation Agreement (Fortress International Group, Inc.)

Reasonableness of Restrictions. (a) Employee expressly acknowledges that he Xxxxxxx has carefully read and considered the provisions of Paragraphs 6Sections 11, 712, 8 and 913, and, having done so, voluntarily agrees that the restrictions set forth in these Paragraphsthose Sections, including, but not limited to, the time periods period of restriction, and geographic areas the scope of restriction restricted activities set forth in Section 12, are fair and reasonable and are reasonably required for the protection of the legitimate interests of the Company UCI of SC and Employer, and its parent or subsidiary corporations, partnerships, officers, directors, shareholders partners, employees and other employees. (b) affiliates, including but not limited to UCI Medical Affiliates, Inc. In the event that, notwithstanding the foregoing, any of the provisions of Xxxxxxxxxx 0Sections 11, 012, 0 xxx 0 xxxxx xx or 13 or any parts thereof shall be held to be invalid or unenforceable, the remaining provisions or parts thereof shall nevertheless continue to be valid and enforceable as though the invalid or unenforceable portions or parts had not been included therein. In the event that any provision provisions of Paragraphs 6, 7, 8 and 9 Sections 11 or 12 relating to the time period and/or the areas of restriction and/or the scope of restricted activities and/or related aspects shall be declared by a court of competent jurisdiction to exceed the maximum restrictiveness such court deems reasonable and enforceable, the time period and/or areas of restriction and/or the scope of restricted activities and/or related aspects deemed reasonable and enforceable by the court shall become and thereafter be the maximum restriction in such regard, and the restriction shall remain enforceable to the fullest extent deemed reasonable by such court.

Appears in 1 contract

Samples: Asset Purchase Agreement (Uci Medical Affiliates Inc)

Reasonableness of Restrictions. (a) Employee expressly acknowledges that he has carefully read and considered the provisions of Paragraphs 6, 7, 8 and 9, and, having done so, agrees that the restrictions set forth in these Paragraphs, including, but not limited to, the time periods and geographic areas of restriction are fair and reasonable and are reasonably required for the protection of the interests of the Company and its officers, directors, shareholders and other employees.. Syntroleum - Employment Agreement -------------------------------------------------------------------------------- CONFIDENTIAL (b) In the event that, notwithstanding the foregoing, any of the provisions of Xxxxxxxxxx 0, 0, 0 xxx 0 xxxxx xx held to be invalid or unenforceable, the remaining provisions thereof shall nevertheless continue to be valid and enforceable as though the invalid or unenforceable parts had not been included therein. In the event that any provision of Paragraphs 6, 7, 8 and 9 relating to the time period and/or the areas of restriction and/or related aspects shall be declared by a court of competent jurisdiction to exceed the maximum restrictiveness such court deems reasonable and enforceable, the time period and/or areas of restriction and/or related aspects deemed reasonable and enforceable by the court shall become and thereafter be the maximum restriction in such regard, and the restriction shall remain enforceable to the fullest extent deemed reasonable by such court.

Appears in 1 contract

Samples: Employment Agreement (Syntroleum Corp)

Reasonableness of Restrictions. (a) Employee expressly acknowledges that he has carefully read and considered the provisions of Paragraphs 5, 6, 7, 8 and 98, and, having done so, agrees that the restrictions set forth in these Paragraphs, including, but not limited to, the time periods and geographic areas of restriction are fair and reasonable and are reasonably required for the protection of the interests of the Company and its officers, directors, shareholders and other employees. (b) In the event that, notwithstanding the foregoing, any of the provisions of Xxxxxxxxxx 0, 0, 0 0, xxx 0 xxxxx xx held to be invalid or unenforceable, the remaining provisions thereof shall nevertheless continue to be valid and enforceable as though the invalid or unenforceable parts had not been included therein. In the event that any provision of Paragraphs 5, 6, 7, 7 and 8 and 9 relating to the time period and/or the areas of restriction and/or related aspects shall be declared by a court of competent jurisdiction to exceed the maximum restrictiveness such court deems reasonable and enforceable, the time period and/or areas of restriction and/or related aspects deemed reasonable and enforceable by the court shall become and thereafter be the maximum restriction in such regard, and the restriction shall remain enforceable to the fullest extent deemed reasonable by such court.

Appears in 1 contract

Samples: Employment Agreement (Syntroleum Corp)

Reasonableness of Restrictions. (a) Employee expressly acknowledges that he Executive has carefully read and considered the provisions of Paragraphs 6, Sections 7, 8 and 9, 9 hereof and, having done so, agrees that the restrictions set forth in these Paragraphs, therein (including, but not limited to, the time periods period of restriction and geographic the geographical areas of restriction set forth in Section 8 hereof) are fair and reasonable and are reasonably required for the protection of the interests of the Company and its officers, directors, shareholders and other employeesCompany. (b) Executive represents that his experience, capabilities and personal assets are such that this Agreement does not deprive him from either earning a livelihood in the unrestricted business activities which remain open to him or from otherwise adequately and appropriately supporting himself and his family. (c) In the event that, notwithstanding the foregoing, that any of the provisions of Xxxxxxxxxx 0Sections 7, 0, 0 xxx 0 xxxxx xx 8 or 9 shall be held to be invalid or unenforceable, the remaining provisions thereof shall nevertheless continue to be valid and enforceable as though the invalid or unenforceable parts had not been included therein. In the event that any provision of Paragraphs 6, 7, Sections 7 or 8 and 9 relating to the time period and/or the areas of restriction and/or related aspects shall be declared by a court of competent jurisdiction to exceed the maximum restrictiveness time period or areas such court deems reasonable and enforceable, the said time period and/or areas of restriction and/or related aspects shall be deemed reasonable and enforceable by the court shall to become and thereafter be the maximum restriction in time period and/or areas which such regard, court deems reasonable and the restriction shall remain enforceable to the fullest extent deemed reasonable by such courtenforceable.

Appears in 1 contract

Samples: Employment Agreement (First American Capital Corp /Ks)

Reasonableness of Restrictions. (a) Employee expressly acknowledges that he has carefully read and considered the provisions of Paragraphs 6, 7, 8 and 9, and, having done so, agrees that the restrictions set forth in these Paragraphs, including, but not limited to, the time periods and geographic areas of restriction are fair and reasonable and are reasonably required for the protection of the interests of the Company and its officers, directors, shareholders and other employees. (b) In the event that, notwithstanding the foregoing, any of the provisions of Xxxxxxxxxx 0Paragraphs 6, 07, 0 xxx 0 xxxxx xx 8 and 9 shall be held to be invalid or unenforceableunenforceablx, the remaining provisions thereof xxx xxxxxxxxx xxxxxxxxxx xxxxxof shall nevertheless continue to be valid and enforceable as though the invalid or unenforceable parts had not been included therein. In the event that any provision of Paragraphs 6, 7, 8 and 9 relating to the time period and/or the areas of restriction and/or related aspects shall be declared by a court of competent jurisdiction to exceed the maximum restrictiveness such court deems reasonable and enforceable, the time period and/or areas of restriction and/or related aspects deemed reasonable and enforceable by the court shall become and thereafter be the maximum restriction in such regard, and the restriction shall remain enforceable to the fullest extent deemed reasonable by such court.

Appears in 1 contract

Samples: Employment Agreement (Syntroleum Corp)

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