REPRESENTATION OF THE EXECUTIVE. The Executive hereby represents to the Company that the Executive has read and fully understands the provisions of this Agreement and the Program and his or her decision to participate in the Program is completely voluntary.
REPRESENTATION OF THE EXECUTIVE. The Executive represents and warrants to the Company that:
(a) The Executive is not, as of the Effective Date, currently employed or engaged as an independent contractor with any other entity, and Executive’s acceptance of employment with the Company and the performance of his duties hereunder will not conflict with or result in a violation of, a breach of, or a default under any contract, agreement or understanding to which he is a party or is otherwise bound.
(b) The Executive’s acceptance of employment with the Company and the performance of his duties hereunder will not violate any non-solicitation, non-competition or other similar covenant or agreement of a prior employer.
REPRESENTATION OF THE EXECUTIVE. The Executive hereby warrants and represents that he is not bound by any other agreement or subject to any other restriction which would either prevent him from entering into this Agreement or from performing his duties as contemplated hereunder.
REPRESENTATION OF THE EXECUTIVE. The Executive hereby warrants and represents that he is not bound by any other agreement or subject to any other restriction which would either prevent him from entering into this Agreement or from performing his duties as contemplated hereunder. The Company hereby warrants and represents that all corporate action, consents and approvals on the part of the Company, its officers and directors necessary for the authorization, execution and delivery of this Agreement and the performance of all obligations of the Company hereunder has been taken or have been obtained, and the Agreement constitutes the valid and legally binding obligation of the Company and is enforceable against the Company in accordance with its terms.
REPRESENTATION OF THE EXECUTIVE. The Executive agrees and represents that his acquisition of the Options and/or Common Shares is voluntary and that the purchase or continued holding of Common Shares by the Executive shall not be construed as giving the Executive any right to be retained in the employ of the Company or any Subsidiary. Further, the Company and its Subsidiaries expressly reserve the right at any time to dismiss the Executive free from any liability, or any claim under this Option Agreement, except as provided herein.
REPRESENTATION OF THE EXECUTIVE. The Executive represents that, as of the date of filing of the particular financial statement or other public filing referred to below, he had no knowledge of any accounting irregularity with respect to, or any material misstatement or omission contained in, any financial statement or other public filing made by any publicly-traded corporation on whose board of directors the Executive served as of such date (each such corporation being referred to as a “Public Corporation”).
REPRESENTATION OF THE EXECUTIVE. The Executive represents and warrants to the Company that the Executive is not party to or bound by any employment agreement, noncompetition agreement or confidentiality agreement with any person or entity other than the Company and its affiliates.
REPRESENTATION OF THE EXECUTIVE. The Executive hereby represents and warrants to the Company that he has full power and authority to enter into this Agreement and to perform his duties and obligations hereunder, and that the execution and performance hereof is not and will not in any manner conflict with or result in a violation of any other contract, agreement, covenant.
REPRESENTATION OF THE EXECUTIVE. The Executive represents and warrants to the Company that the Executive is free to enter into this Agreement and has no contract, commitment, arrangement or understanding to or with any party that restrains or is in conflict with the Executive’s performance of the covenants, services and duties provided for in this Agreement. The Executive agrees to indemnify the Company and to hold it harmless against any and all liabilities or claims arising out of any unauthorized act or acts by the Executive that, the foregoing representation and warranty to the contrary notwithstanding, are in violation, or constitute a breach, of any such contract, commitment, arrangement or understanding.
REPRESENTATION OF THE EXECUTIVE. The Executive agrees to comply with and be bound by all of the terms and conditions contained in this Agreement and in the Plan.
