Common use of Survival; Modification of Terms Clause in Contracts

Survival; Modification of Terms. The obligations set forth under paragraphs 9(a) through (i) shall remain in full force and effect for the entire period provided therein notwithstanding the termination of your employment under this Agreement for any reason or the expiration of the Term; provided, however, that your obligations under paragraph 9(a) (but not under any other provision of this Agreement) shall cease if you terminate your employment for Good Reason or the Company terminates your employment without Cause and you notify the Company in writing that you have elected to waive your right to receive, or to continue to receive, termination payments and benefits under paragraphs 10(d)(i) through (iv). You and the Company agree that the restrictions and remedies contained in paragraphs 9(a) through (h) are reasonable and that it is your intention and the intention of the Company that such restrictions and remedies shall be enforceable to the fullest extent permissible by law. If a court of competent jurisdiction shall find that any such restriction or remedy is unenforceable but would be enforceable if some part were deleted or the period or area of application reduced, then such restriction or remedy shall apply with the modification necessary to make it enforceable.

Survival; Modification of Terms. The obligations set forth under paragraphs 9(a) through (i) shall remain in full force and effect for the entire period provided therein notwithstanding the termination of your employment under this Agreement for any reason or the expiration of the Term; provided, however, that your obligations under paragraph 9(a) (but not under any other provision of this Agreement) shall cease if you terminate your employment for Good Reason or the Company terminates your employment without Cause and you notify the Company in writing that you have elected to waive your right to receive, or to continue to receive, termination payments and benefits under paragraphs 10(d)(i) through (ivvi). You and the Company agree that the restrictions and remedies contained in paragraphs 9(a) through (h) are reasonable and that it is your intention and the intention of the Company that such restrictions and remedies shall be enforceable to the fullest extent permissible by law. If a court of competent jurisdiction shall find that any such restriction or remedy is unenforceable but would be enforceable if some part were deleted or the period or area of application reduced, then such restriction or remedy shall apply with the modification necessary to make it enforceable.

Survival; Modification of Terms. The Your obligations set forth under paragraphs 9(a6(a) through (i) shall remain in full force and effect for the entire period provided therein notwithstanding the termination of your employment under this Agreement for any reason or the expiration of the Term; provided, however, that your obligations under paragraph 9(a6(a) (but not under any other provision of this Agreement) shall cease if you terminate your employment for Good Reason or the Company Viacom terminates your employment without Cause and you notify the Company Viacom in writing that you have elected to waive your right to receive, or to continue to receive, termination payments and benefits under paragraphs 10(d)(i8(d)(i) through (iv) and/or 8(e). You and the Company Viacom agree that the restrictions and remedies contained in paragraphs 9(a6(a) through (hi) are reasonable and that it is your intention and the intention of the Company Viacom that such restrictions and remedies shall be enforceable to the fullest extent permissible by law. If a court of competent jurisdiction shall find that any such restriction or remedy is unenforceable but would be enforceable if some part were deleted or the period or area of application reduced, then such restriction or remedy shall apply with the modification necessary to make it enforceable.

Survival; Modification of Terms. The Your obligations set forth under paragraphs 9(a6(a) through (i) shall remain in full force and effect for the entire period provided therein notwithstanding the termination of your employment under this Agreement for any reason or the expiration of the Term; provided, however, that your obligations under paragraph 9(a6(a) (but not under any other provision of this Agreement) shall cease if you terminate your employment for Good Reason or the Company Viacom terminates your employment without Cause and you notify the Company Viacom in writing that you have elected to waive your right to receive, or to continue to receive, termination payments and benefits under paragraphs 10(d)(i8(d)(i) through (ivvi) and/or 8(e). You and the Company Viacom agree that the restrictions and remedies contained in paragraphs 9(a6(a) through (hi) are reasonable and that it is your intention and the intention of the Company Viacom Xxxxxx X. Xxxxxx August 1, 2004 Page 9 that such restrictions and remedies shall be enforceable to the fullest extent permissible by law. If a court of competent jurisdiction shall find that any such restriction or remedy is unenforceable but would be enforceable if some part were deleted or the period or area of application reduced, then such restriction or remedy shall apply with the modification necessary to make it enforceable.

Survival; Modification of Terms. The Your obligations set forth under paragraphs 9(a6(a) through (i) shall remain in full force and effect for the entire period provided therein notwithstanding the termination of your employment under this Agreement for any reason or the expiration of the Term; provided, however, that your obligations under paragraph 9(a6(a) (but not under any other provision of this Agreement) shall cease if you terminate your employment for Good Reason or the Company Viacom terminates your employment without Cause and you notify the Company Viacom in writing that you have elected to waive your right to receive, or to continue to receive, termination payments and benefits under paragraphs 10(d)(i8(d)(i) through (ivvi) and/or 8(e). You and the Company Viacom agree that the restrictions and remedies contained in paragraphs 9(a6(a) through (hi) are reasonable and that it is your intention and the intention of the Company Viacom that such restrictions and remedies shall be enforceable to the fullest extent permissible by law. If a court of competent jurisdiction shall find that any such restriction or remedy is unenforceable but would be enforceable if some part were deleted or the period or area of application reduced, then such restriction or remedy shall apply with the modification necessary to make it enforceable.

Survival; Modification of Terms. The Your obligations set forth under paragraphs 9(a6(a) through (i) shall remain in full force and effect for the entire period provided therein notwithstanding the termination of your employment under this Agreement for any reason or the expiration of the Term; providedPROVIDED, howeverHOWEVER, that your obligations under paragraph 9(a6(a) (but not under any other provision of this Agreement) shall cease if you terminate your employment for Good Reason or the Company Viacom terminates your employment without Cause and you notify the Company Viacom in writing that you have elected to waive your right to receive, or to continue to receive, termination payments and benefits under paragraphs 10(d)(i8(d)(i) through (ivvii), paragraph 8(d)(ix) and/or 8(e). You and the Company Viacom agree that the restrictions and remedies contained in paragraphs 9(a6(a) through (hi) are reasonable and that it is your intention and the intention of the Company Viacom that such restrictions and remedies shall be enforceable to the fullest extent permissible by law. If a court of competent jurisdiction shall find that any such restriction or remedy is unenforceable but would be enforceable if some part were deleted or the period or area of application reduced, then such restriction or remedy shall apply with the modification necessary to make it enforceable.

Survival; Modification of Terms. The rights and obligations set forth under paragraphs 9(a10(a) through (ij) shall remain in full force and effect for the entire period provided therein notwithstanding the termination of your employment under this Agreement for any reason or the expiration of the Term; provided, however, that your obligations under paragraph 9(a10(a) (but not under any other provision of this Agreement) shall cease if you terminate your employment for Good Reason or the Company terminates your employment without Cause and you notify the Company in writing that you have elected to waive your right to receive, or to continue to receive, termination payments and benefits under paragraphs 10(d)(i11(d)(i) through (iv); and provided, further, that your obligations under paragraphs 10(a) through (i) shall cease if the Company breaches any of its payments obligations under this Agreement and such breach remains uncured for 30 days following the Company’s receipt of your written notice of such breach. You and the Company agree that the restrictions and remedies contained in paragraphs 9(a10(a) through (hi) are reasonable and that it is your intention and the intention of the Company that such restrictions and remedies shall be enforceable to the fullest extent permissible by law. If a court of competent jurisdiction shall find that any such restriction or remedy is unenforceable but would be enforceable if some part were deleted or the period or area of application reduced, then such restriction or remedy shall apply with the modification necessary to make it enforceable.

Survival; Modification of Terms. The Your obligations set forth under paragraphs 9(a6(a) through (i) shall remain in full force and effect for the entire period provided therein notwithstanding the termination of your employment under this Agreement for any reason or the expiration of the Term; provided, however, that your obligations under paragraph 9(a6(a) (but not under any other provision of this Agreement) shall cease if you terminate your employment for Good Reason or the Company Viacom terminates your employment without Cause and you notify the Company Viacom in writing that you have elected to waive your right to receive, or to continue to receive, termination payments and benefits under paragraphs 10(d)(i8(d)(i) through (ivvi) and/or 8(e). You and the Company Viacom agree that the restrictions and remedies contained in paragraphs 9(a6(a) through (hi) are reasonable and that it is your intention and the intention of the Company Viacom that such restrictions and remedies shall be enforceable to the fullest extent permissible by law. If a court of competent jurisdiction shall Xxxxx X. Xxxxxx As of March 1, 2001 Page 6 find that any such restriction or remedy is unenforceable but would be enforceable if some part were deleted or the period or area of application reduced, then such restriction or remedy shall apply with the modification necessary to make it enforceable.