Common use of Representation and Warranty of Executive Clause in Contracts

Representation and Warranty of Executive. Except for the covenants that have been previously disclosed to the Company (on a confidential basis), the Executive represents and warrants that he is subject to no agreement or restriction that would limit his ability to execute and deliver this Agreement, or, as of the Commencement Date, immediately serve in the capacities and fully perform the services contemplated herein. It is the mutual intent of the Executive and the Company that the Executive will fully honor his post-employment obligations to his prior employer, and in recognition of such obligations, including those applicable to any equity awards in respect of his prior employer’s common stock, the Company and its affiliates shall not, directly or indirectly, require the Executive to take any action or engage in conduct that could reasonably be expected to result in a breach of such covenants.