Common use of Reasonableness, Revival and Reliance Clause in Contracts

Reasonableness, Revival and Reliance. (a) The provisions contained in Sections 7.2 and 7.3 are the result of specific negotiations between the Executive and the Company, and the Executive hereby specifically agrees that the provisions are reasonable under the circumstances. The Executive further agrees that if, despite the express agreement of the parties to this Agreement, a court should hold any portion of Sections 7.2 or 7.3 unenforceable for any reason, the maximum restrictions that are reasonable under the circumstances, as determined by the court, will be substituted for the restrictions held unenforceable. The Executive also expressly agrees that in the event a court of any jurisdiction within the Territory (other than a court with jurisdiction in the State of Texas) holds the covenants and agreements contained in Sections 7.2 and/or 7.3 wholly unenforceable by reason of the breadth of their scope or otherwise, it is the intention of the parties that such determination not bar or in any way affect the Company's right to the relief in the courts of any other jurisdiction within the Territory, as to breaches of such covenants and agreements in such other respective jurisdictions, the covenants and Agreements in Sections 7.2 and 7.3 as they relate to each jurisdiction within the Territory being, for this purpose, severable into diverse and independent covenants and agreements. (b) The Executive's covenants, warranties and agreements set forth herein shall be revived continuously throughout the Executive's employment by the Company. (c) The Company is materially relying upon each of the Executive's representations, covenants, warranties and agreements in entering into this Agreement and as a condition for paying the additional compensation under Article VI.

Reasonableness, Revival and Reliance. (a) The provisions contained in Sections 7.2 and 7.3 are the result of specific negotiations between the Executive and the Company, and the Executive hereby specifically agrees that the provisions are reasonable under the circumstances. The Executive further agrees that if, despite the express agreement of the parties to this Agreement, a court should hold any portion of Sections 7.2 or 7.3 unenforceable for any reason, the maximum restrictions that are reasonable under the circumstances, as determined by the court, will be substituted for the restrictions held unenforceable. The Executive also expressly agrees that in the event a court of any jurisdiction within the Territory (other than a court with jurisdiction in the State of Texas) holds the covenants and agreements contained in Sections 7.2 and/or 7.3 wholly unenforceable by reason of the breadth of their scope or otherwise, it is the intention of the parties that such determination not bar or in any way affect the Company's ’s right to the relief in the courts of any other jurisdiction within the Territory, as to breaches of such covenants and agreements in such other respective jurisdictions, the covenants and Agreements in Sections 7.2 and 7.3 as they relate to each jurisdiction within the Territory being, for this purpose, severable into diverse and independent covenants and agreements. (b) The Executive's ’s covenants, warranties and agreements set forth herein shall be revived continuously throughout the Executive's ’s employment by the Company. (c) The Company is materially relying upon each of the Executive's ’s representations, covenants, warranties and agreements in entering into this Agreement and as a condition for paying the additional compensation under Article VI.

Reasonableness, Revival and Reliance. (a) The provisions contained in Sections 7.2 and 7.3 are the result of specific negotiations between the Executive and the Company, and the Executive hereby specifically agrees that the provisions are reasonable under the circumstances. The Executive further agrees that if, despite the express agreement of the parties to this Agreement, a court should hold any portion of Sections 7.2 or 7.3 unenforceable for any reason, the maximum restrictions that are reasonable under the circumstances, as determined by the court, will be substituted for the restrictions held unenforceable. The Executive also expressly agrees that in the event a court of any jurisdiction within the Territory (other than a court with jurisdiction in the State of Texas) holds the covenants and agreements contained in Sections 7.2 and/or 7.3 wholly unenforceable by reason of the breadth of their scope or otherwise, it is the intention of the parties that such determination not bar or in any way affect the Company's right to the relief in the courts of any other jurisdiction within the Territory, as to breaches of such covenants and agreements in such other respective jurisdictions, the covenants and Agreements in Sections 7.2 and 7.3 as they relate to each jurisdiction within the Territory being, for this purpose, severable into diverse and independent covenants and agreements. (b) The Executive's covenants, warranties and agreements set forth herein shall be revived continuously throughout the Executive's employment by the Company. (c) The Company is materially relying upon each of the Executive's =s representations, covenants, warranties and agreements in entering into this Agreement and as a condition for paying the additional compensation under Article VI.