Common use of Reasonableness of Restrictive Covenants Clause in Contracts

Reasonableness of Restrictive Covenants. (i) Executive acknowledges that the covenants contained in this Section 3 are reasonable in the scope of the activities restricted, the geographic area covered by the restrictions, and the duration of the restrictions, and that such covenants are reasonably necessary to protect the Company’s legitimate interests in its Confidential Information, its reputation, and in its relationships with its employees, customers, and suppliers. (ii) The Company has consulted, and Executive has had an opportunity to consult, with their respective legal counsel and to be advised concerning the reasonableness and propriety of such covenants. Executive acknowledges that Executive’s observance of the covenants contained herein will not deprive Executive of the ability to earn a livelihood or to support Executive’s dependents. (iii) If any provision or portion of Section 3 of this Agreement is held to be unenforceable because of the scope, duration, territory or terms thereof, Executive agrees that the court making such determination shall have the power to and shall reduce the scope, duration, territory and/or terms of such provision, so that the provision is enforceable by the court to afford the maximum protection to the Company under the law, and such provision as amended shall be enforced by the court.

Appears in 6 contracts

Samples: Employee Protection and Restrictive Covenants Agreement (Ventas, Inc.), Employee Protection and Restrictive Covenants Agreement (Ventas, Inc.), Employee Protection and Noncompetition Agreement (Ventas Inc)

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Reasonableness of Restrictive Covenants. (i) Executive Employee acknowledges that the covenants contained in this Section 3 are reasonable in the scope of the activities restricted, the geographic area covered by the restrictions, and the duration of the restrictions, and that such covenants are reasonably necessary to protect the Company’s legitimate interests in its Confidential Information, its reputation, and in its relationships with its employees, customers, and suppliers. (ii) The Company has consulted, and Executive Employee has had an opportunity to consult, with their respective legal counsel and to be advised concerning the reasonableness and propriety of such covenants. Executive Employee acknowledges that ExecutiveEmployee’s observance of the covenants contained herein will not deprive Executive Employee of the ability to earn a livelihood or to support ExecutiveEmployee’s dependents. (iii) If any provision or portion of Section 3 of this Agreement is held to be unenforceable because of the scope, duration, territory territory, or terms thereof, Executive Employee agrees that the court making such determination shall have the power to and shall reduce the scope, duration, territory and/or terms of such provision, so that the provision is enforceable by the court to afford the maximum protection to the Company under the law, and such provision as amended shall be enforced by the court.

Appears in 4 contracts

Samples: Employee Protection and Noncompetition Agreement (Care Capital Properties, Inc.), Employee Protection and Noncompetition Agreement (Care Capital Properties, Inc.), Employee Protection and Noncompetition Agreement (Care Capital Properties, Inc.)

Reasonableness of Restrictive Covenants. (i) Executive Employee acknowledges that the covenants contained in this Section 3 2 are reasonable in the scope of the activities restricted, the geographic area covered by the restrictions, and the duration of the restrictions, and that such covenants are reasonably necessary to protect the Company’s legitimate interests in its Confidential Information, its reputation, and in its relationships with its employees, customers, and suppliers. (ii) The Company has consulted, and Executive Employee has had an opportunity to consult, with their respective legal counsel and to be advised concerning the reasonableness and propriety of such covenants. Executive Employee acknowledges that ExecutiveEmployee’s observance of the covenants contained herein will not deprive Executive Employee of the ability to earn a livelihood or to support ExecutiveEmployee’s dependents. (iii) If any provision or portion of Section 3 2 of this Agreement is held to be unenforceable because of the scope, duration, territory territory, or terms thereof, Executive Employee agrees that the court making such determination shall have the power to and shall reduce the scope, duration, territory and/or terms of such provision, so that the provision is enforceable by the court to afford the maximum protection to the Company under the law, and such provision as amended shall be enforced by the court.

Appears in 1 contract

Samples: Employee Protection and Noncompetition Agreement (Care Capital Properties, Inc.)

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Reasonableness of Restrictive Covenants. (i) Executive Employee acknowledges that the covenants contained in this Section 3 are reasonable in the scope of the activities restricted, the geographic area covered by the restrictions, and the duration of the restrictions, and that such covenants are reasonably necessary to protect the Company’s legitimate interests in its Confidential Information, its reputation, and in its relationships with its employees, customers, and suppliers. (ii) The Company has consulted, and Executive Employee has had an opportunity to consult, with their respective legal counsel and to be advised concerning the reasonableness and propriety of such covenants. Executive Employee acknowledges that ExecutiveEmployee’s observance of the covenants contained herein will not deprive Executive Employee of the ability to earn a livelihood or to support ExecutiveEmployee’s dependents. (iii) If any provision or portion of Section 3 of this Agreement is held to be unenforceable because of the scope, duration, territory or terms thereof, Executive Employee agrees that the court making such determination shall have the power to and shall reduce the scope, duration, territory and/or terms of such provision, so that the provision is enforceable by the court to afford the maximum protection to the Company under the law, and such provision as amended shall be enforced by the court.

Appears in 1 contract

Samples: Employment Transition Agreement (Ventas Inc)

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