Common use of Representations by the Executive Clause in Contracts

Representations by the Executive. The Executive represents to the Company that (i) his execution and performance of this Agreement does not violate any agreement or obligation (whether or not written) that the Executive has with or to any person or entity including, but not limited to, any prior employer, (ii) he is not subject to the terms of any noncompetition, non-solicitation or confidentiality agreement with any prior employer, and (iii) he has not been convicted of, or entered a plea of guilty or nolo contendere to a crime that constitutes a felony in any jurisdiction (or comparable crime in any jurisdiction which uses a different nomenclature). In the event of a determination by the Board that the Executive is in material breach of either of these representations, the Company may terminate the Executive’s employment, and any such termination shall be considered a termination for Cause under Section 5(a)(ii).

Representations by the Executive. The Executive represents to the Company that (i) his her execution and performance of this Agreement does not violate any agreement or obligation (whether or not written) that the Executive has with or to any person or entity including, but not limited to, any prior employer, (ii) he she is not subject to the terms of any noncompetition, non-solicitation or confidentiality agreement with any prior employer, and (iii) he she has not been convicted of, or entered a plea of guilty or nolo contendere to a crime that constitutes a felony in any jurisdiction (or comparable crime in any jurisdiction which uses a different nomenclature). In the event of a determination by the Board that the Executive is in material breach of either of these representations, the Company may terminate the Executive’s employment, and any such termination shall be considered a termination for Cause under Section 5(a)(ii).