Common use of Representations and Acknowledgments of Executive Clause in Contracts

Representations and Acknowledgments of Executive. Executive represents and warrants that: (i) Executive is familiar with the covenants not to compete and not to solicit or interfere with Clients, Candidates and employees, and to protect, not disclose and not use Confidential Information set forth in Sections 8 (b), (c), (d) and (e) of this Agreement; (ii) Company has a legitimate business interest in enforcement of the restrictions contained in this Section 8, including without limitation, Company’s need to protect the goodwill of Company, its investment in training of Executive, the client relationships of Company, the stability of Company’s workforce, and the confidentiality of Company’s business information, and that if its affiliates and customers/clients and other legitimate interests; (iii) Executive is fully aware of Executive’s obligations under this Agreement, including, without limitation, the length of time, scope and geographic coverage of these covenants and has had an opportunity to consult an attorney. Executive agrees that these covenants and obligations are necessary to protect Company’s Confidential Information, and Company’s legitimate business interests and other legitimate interests, in view of Executive’s key role with each branch of Company [and its affiliates] and the extent of confidential and proprietary information about the entire Company and its affiliates and clients to which Executive has information. Company and Executive agree that the provisions of this Section 8 do not impose an undue hardship on Executive and are not injurious to the public; that they are necessary to protect the business of Company and its affiliates and clients; that the nature of Executive’s responsibilities with Company under this Agreement and Executive’s former responsibilities with Company provide and/or have provided Executive with access to Confidential Information that is valuable and confidential to Company; that Company would not enter into this Agreement if Executive did not agree to the provisions of this Section 8; that this Section 8 is reasonable in its terms and that consideration supports this Agreement, including, without limit, Section 8. (iv) Executive understands that the identity of Company’s Clients sometimes may be ascertainable by observation or through publicly available resources. Nonetheless, Executive acknowledges that as a result of Executive’s employment with Company, Executive will be acting as a representative of Company and will be utilizing Company’s assets, resources and will be benefiting from Company’s goodwill, name recognition, reputation, and experience in regard to these Clients, and Executive will gain Confidential Information about these Clients, and consequently, the covenants set forth above are reasonable and necessary to protect Company’s legitimate business interests. (v) The covenants set forth above are independent of any other provision of this Agreement. Executive agrees that they will be enforceable whether or not Executive has any claim against Company. Executive and Company agrees that this Agreement should be interpreted in the way that provides the maximum protection to Company’s business interests and Confidential Information. (vi) Executive acknowledges that if Executive violates any of the foregoing covenants, the damage to Company will be such that Company is not likely to be made whole with a monetary award. Therefore, Executive agrees that if Executive violates or threatens to violate any such covenant, Company will be entitled to a temporary restraining order, a preliminary injunction and/or a permanent injunction, in addition to any and all other legal or equitable remedies available under law and equity.

Representations and Acknowledgments of Executive. Executive represents and warrants that: (i) Executive is familiar with the covenants not to compete and not to solicit or interfere with Clients, Candidates and employees, and to protect, not disclose and not use Confidential Information set forth in Sections 8 (b), (c), (d) and (e) of this Agreement; (ii) Company Labor Ready has a legitimate business interest in enforcement of the restrictions contained in this Section 8, including without limitation, CompanyLabor Ready’s need to protect the goodwill of CompanyLabor Ready, its investment in training of Executive, the client relationships of CompanyLabor Ready, the stability of CompanyLabor Ready’s workforce, and the confidentiality of CompanyLabor Ready’s business information, and that if of its affiliates and customers/clients and other legitimate interests; (iii) Executive is fully aware of Executive’s obligations under this Agreement, including, without limitation, the length of time, scope and geographic coverage of these covenants and has had an opportunity to consult an attorney. Executive agrees that these covenants and obligations are necessary to protect Company’s Confidential Information, and Company’s legitimate business interests and other legitimate interests, in view of Executive’s key role with each branch of Company [and its affiliates] affiliates and the extent of confidential and proprietary information about the entire Company and its affiliates and clients to which Executive has information. Company and Executive agree that the provisions of this Section 8 do not impose an undue hardship on Executive and are not injurious to the public; that they are necessary to protect the business of Company and its affiliates and clients; that the nature of Executive’s responsibilities with Company under this Agreement and Executive’s former responsibilities with Company provide and/or have provided Executive with access to Confidential Information that is valuable and confidential to Company; that Company would not enter into this Agreement if Executive did not agree to the provisions of this Section 8; that this Section 8 is reasonable in its terms and that consideration supports this Agreement, including, without limit, Section 8. (iv) Executive understands that the identity of CompanyLabor Ready’s Clients sometimes may be ascertainable by observation or through publicly available resources. Nonetheless, Executive acknowledges that as a result of Executive’s employment with CompanyLabor Ready, Executive will be acting as a representative of Company Labor Ready and will be utilizing CompanyLabor Ready’s assets, resources and will be benefiting from CompanyLabor Ready’s goodwill, name recognition, reputation, and experience in regard to these Clients, and Executive will gain Confidential Information about these Clients, and consequently, the covenants set forth above are reasonable and necessary to protect CompanyLabor Ready’s legitimate business interests. (v) The covenants set forth above are independent of any other provision of this Agreement. Executive agrees that they will be enforceable whether or not Executive has any claim against Company. Executive and Company agrees agree that this Agreement should be interpreted in the way that provides the maximum protection to Company’s business interests and Confidential Information. (vi) Executive acknowledges that if Executive violates any of the foregoing covenants, the damage to Company will be such that Company is not likely to be made whole with a monetary award. Therefore, Executive agrees that if Executive violates or threatens to violate any such covenant, Company will be entitled to a temporary restraining order, a preliminary injunction and/or a permanent injunction, in addition to any and all other legal or equitable remedies available under law and equity.

Representations and Acknowledgments of Executive. Executive represents and warrants that: (i) 1. Executive is familiar with the covenants not to compete and not to solicit or interfere with Clients, Candidates and employees, and to protect, not disclose and not use Confidential Information Executives set forth in Sections 8 (b), (c), (d) and (e) Article I of this Agreement; (ii) Company 2. Labor Ready has a legitimate business interest in enforcement of the restrictions contained in this Section 8Article I, including without limitation, CompanyLabor Ready’s need to protect the goodwill of CompanyLabor Ready, its investment in training of the Executive, the client relationships of CompanyLabor Ready, the stability of CompanyLabor Ready’s workforce, and the confidentiality of CompanyLabor Ready’s business information, and that if its affiliates and customers/clients information and other legitimate interests; (iii) 3. Executive is fully aware of Executive’s obligations under this Agreement, including, without limitation, the length of time, scope and geographic coverage of these covenants and has had an opportunity to consult an attorney. Executive agrees that these covenants attorney and obligations are necessary to protect Company’s Confidential Information, and Company’s legitimate business interests and other legitimate interests, in view of Executive’s key role with each branch of Company [and its affiliates] and the extent of confidential and proprietary information about the entire Company and its affiliates and clients to which Executive has information. Company Labor Ready and Executive agree that the provisions of this Section 8 Article I do not impose an undue hardship on Executive and are not injurious to the public; that they are necessary to protect the business of Company Labor Ready and its affiliates and clients; that the nature of Executive’s responsibilities with Company Labor Ready under this Agreement and Executive’s former responsibilities with Company Labor Ready provide and/or have provided Executive with access to Confidential Information that is valuable and confidential to CompanyLabor Ready; that Company Labor Ready would not enter into this Agreement employ or continue to employ Executive if Executive did not agree to the provisions of this Section 8Article I; that this Section 8 Article I is reasonable in its terms and that consideration supports Article I, including new consideration as set forth in the Executive Employment Agreement; 4. Executive’s execution of this Agreementagreement, includingand Executive’s employment by Labor Ready, without limitdoes not violate any agreement that Executive has entered into with a third party, Section 8.and Executive acknowledges that any inaccuracy in this representation and warranty will constitute grounds for Executive’s immediate termination by Labor Ready which will, upon any such termination, have no further obligation to Executive. Executive agrees to indemnify and hold Labor Ready harmless from any and all suits and claims arising out of any breach of any terms and conditions contained in any such agreements entered into by Executive; and (iv) 5. Executive understands that the identity of CompanyLabor Ready’s Clients sometimes may be ascertainable by observation or through publicly available resources. Nonetheless, Executive acknowledges that as a result of Executive’s employment with CompanyLabor Ready, Executive will be acting as a representative of Company Labor Ready and will be utilizing CompanyLabor Ready’s assets, resources and will be benefiting from CompanyLabor Ready’s goodwill, name recognition, reputation, and experience in regard to these Clients, and Executive will gain Confidential Information about these Clients, and consequently, the covenants set forth above are reasonable and necessary to protect CompanyLabor Ready’s legitimate business interests. (v) The covenants set forth above are independent of any other provision of this Agreement. Executive agrees that they will be enforceable whether or not Executive has any claim against Company. Executive and Company agrees that this Agreement should be interpreted in the way that provides the maximum protection to Company’s business interests and Confidential Information. (vi) Executive acknowledges that if Executive violates any of the foregoing covenants, the damage to Company will be such that Company is not likely to be made whole with a monetary award. Therefore, Executive agrees that if Executive violates or threatens to violate any such covenant, Company will be entitled to a temporary restraining order, a preliminary injunction and/or a permanent injunction, in addition to any and all other legal or equitable remedies available under law and equity.

Representations and Acknowledgments of Executive. Executive represents and warrants that: (i) 1. Executive is familiar with the covenants not to compete and not to solicit or interfere with Clients, Candidates and employees, and to protect, not disclose and not use Confidential Information Executives set forth in Sections 8 (b), (c), (d) and (e) Article I of this Agreement; (ii) Company 2. TrueBlue has a legitimate business interest in enforcement of the restrictions contained in this Section 8Article I, including without limitation, CompanyTrueBlue’s need to protect the goodwill of CompanyTrueBlue, its investment in training of the Executive, the client relationships of CompanyTrueBlue, the stability of CompanyTrueBlue’s workforce, and the confidentiality of CompanyTrueBlue’s business information, and that if its affiliates and customers/clients information and other legitimate interests; (iii) 3. Executive is fully aware of Executive’s obligations under this Agreement, including, without limitation, the length of time, scope and geographic coverage of these covenants and has had an opportunity to consult an attorney. Executive agrees that these covenants attorney and obligations are necessary to protect Company’s Confidential Information, and Company’s legitimate business interests and other legitimate interests, in view of Executive’s key role with each branch of Company [and its affiliates] and the extent of confidential and proprietary information about the entire Company and its affiliates and clients to which Executive has information. Company TrueBlue and Executive agree that the provisions of this Section 8 Article I do not impose an undue hardship on Executive and are not injurious to the public; that they are necessary to protect the business of Company TrueBlue and its affiliates and clients; that the nature of Executive’s responsibilities with Company TrueBlue under this Agreement and Executive’s former responsibilities with Company TrueBlue provide and/or have provided Executive with access to Confidential Information that is valuable and confidential to CompanyTrueBlue; that Company TrueBlue would not enter into this Agreement employ or continue to employ Executive if Executive did not agree to the provisions of this Section 8Article I; that this Section 8 Article I is reasonable in its terms and that consideration supports Article I, including new consideration as set forth in the First and Second Amendments to the Executive Employment Agreement and the Change In Control Agreement; 4. Executive’s execution of this Agreementagreement, includingand Executive’s employment by TrueBlue, without limitdoes not violate any agreement that Executive has entered into with a third party, Section 8.and Executive acknowledges that any inaccuracy in this representation and warranty will constitute grounds for Executive’s immediate termination by TrueBlue which will, upon any such termination, have no further obligation to Executive. Executive agrees to indemnify and hold TrueBlue harmless from any and all suits and claims arising out of any breach of any terms and conditions contained in any such agreements entered into by Executive; and (iv) 5. Executive understands that the identity of CompanyTrueBlue’s Clients sometimes may be ascertainable by observation or through publicly available resources. Nonetheless, Executive acknowledges that as a result of Executive’s employment with CompanyTrueBlue, Executive will be acting as a representative of Company TrueBlue and will be utilizing CompanyTrueBlue’s assets, resources and will be benefiting from CompanyTrueBlue’s goodwill, name recognition, reputation, and experience in regard to these Clients, and Executive will gain Confidential Information about these Clients, and consequently, the covenants set forth above are reasonable and necessary to protect CompanyTrueBlue’s legitimate business interests. (v) The covenants set forth above are independent of any other provision of this Agreement. Executive agrees that they will be enforceable whether or not Executive has any claim against Company. Executive and Company agrees that this Agreement should be interpreted in the way that provides the maximum protection to Company’s business interests and Confidential Information. (vi) Executive acknowledges that if Executive violates any of the foregoing covenants, the damage to Company will be such that Company is not likely to be made whole with a monetary award. Therefore, Executive agrees that if Executive violates or threatens to violate any such covenant, Company will be entitled to a temporary restraining order, a preliminary injunction and/or a permanent injunction, in addition to any and all other legal or equitable remedies available under law and equity.