Common use of Survival of Terms; Representations Clause in Contracts

Survival of Terms; Representations. The Executive’s obligations under this paragraph 7 hereof shall remain in full force and effect notwithstanding the termination of his employment. He acknowledges that he is sophisticated in business, and that the restrictions and remedies set forth in this paragraph 7 do not create an undue hardship on him and will not prevent him from earning a livelihood. He further acknowledges that he has had a sufficient period of time within which to review this Agreement, including this paragraph 7, with an attorney of his choice and he has done so to the extent he desired. The Executive and Holding Co. agree that the restrictions and remedies contained in this paragraph 7 are reasonable and necessary to protect Holding Co.’s legitimate business interests regardless of the reason for or circumstances giving rise to such termination and that he and Holding Co. intend that such restrictions and remedies shall be enforceable to the fullest extent permissible by law. The Executive agrees that given the scope of Holding Co.’s business and the sophistication of the information highway, any further geographic limitation on such remedies and restrictions would deny Holding Co. the protection to which it is entitled hereunder. If it shall be found by a court of competent jurisdiction that any such restriction or remedy is unenforceable but would be enforceable if some part thereof were deleted or modified, then such restriction or remedy shall apply with such modification as shall be necessary to make it enforceable to the fullest extent permissible under law.

Survival of Terms; Representations. The Executive’s obligations under this paragraph 7 hereof shall remain in full force and effect notwithstanding the termination of his employment. He acknowledges that he is sophisticated in business, and that the restrictions and remedies set forth in this paragraph 7 do not create an undue hardship on him and will not prevent him from earning a livelihood. He further acknowledges that he has had a sufficient period of time within which to review this Agreement, including including, without limitation, this paragraph 7, with an attorney of his choice and he has done so to the extent he desired. The Executive and Holding Co. the Corporation agree that the restrictions and remedies contained in this paragraph 7 are reasonable and necessary to protect Holding Co.the Corporation’s legitimate business interests regardless of the reason for or circumstances giving rise to such termination and that he and Holding Co. the Corporation intend that such restrictions and remedies shall be enforceable to the fullest extent permissible by law. The Executive agrees that given the scope of Holding Co.the Corporation’s business and the sophistication of the information highway, any further geographic limitation on such remedies and restrictions would deny Holding Co. the Corporation the protection to which it is entitled hereunder. If it shall be found by a court of competent jurisdiction that any such restriction or remedy is unenforceable but would be enforceable if some part thereof were deleted or modified, then such restriction or remedy shall apply with such modification as shall be necessary to make it enforceable to the fullest extent permissible under law.

Survival of Terms; Representations. The Executive’s 's obligations under this paragraph 7 hereof shall remain in full force and effect notwithstanding the termination of his employment. He acknowledges that he is sophisticated in business, and that the restrictions and remedies set forth in this paragraph 7 do not create an undue hardship on him and will not prevent him from earning a livelihood. He further acknowledges that he has had a sufficient period of time within which to review this Agreement, including including, without limitation, this paragraph 7, with an attorney of his choice and he has done so to the extent he desired. The Executive and Holding Co. the Corporation agree that the restrictions and remedies contained in this paragraph 7 are reasonable and necessary to protect Holding Co.’s the Corporation's legitimate business interests regardless of the reason for or circumstances giving rise to such termination and that he and Holding Co. the Corporation intend that such restrictions and remedies shall be enforceable to the fullest extent permissible by law. The Executive agrees that given the scope of Holding Co.’s the Corporation's business and the sophistication of the information highway, any further geographic limitation on such remedies and restrictions would deny Holding Co. the Corporation the protection to which it is entitled hereunder. If it shall be found by a court of competent jurisdiction that any such restriction or remedy is unenforceable but would be enforceable if some part thereof were deleted or modified, then such restriction or remedy shall apply with such modification as shall be necessary to make it enforceable to the fullest extent permissible under law.

Survival of Terms; Representations. The Executive’s obligations under this paragraph 7 hereof shall remain in full force and effect notwithstanding the termination of his employment. He The Executive acknowledges that he is sophisticated in business, and that the restrictions and remedies set forth in this paragraph 7 do not create an undue hardship on him and will not prevent him from earning a livelihood. He The Executive further acknowledges that he has had a sufficient period of time within which to review this Agreement, including including, without limitation, this paragraph 7, with an attorney of his choice and he has done so to the extent he desired. The Executive and Holding Co. the Corporation agree that the restrictions and remedies contained in this paragraph 7 are reasonable and necessary to protect Holding Co.the Corporation’s legitimate business interests regardless of the reason for or circumstances giving rise to such termination and that he and Holding Co. the Corporation intend that such restrictions and remedies shall be enforceable to the fullest extent permissible by law. The Executive agrees that given the scope of Holding Co.the Corporation’s business and the sophistication of the information highway, any further geographic limitation on such remedies and restrictions would deny Holding Co. the Corporation the protection to which it is entitled hereunder. If it shall be found by a court of competent jurisdiction that any such restriction or remedy is unenforceable but would be enforceable if some part thereof were deleted or modified, then such restriction or remedy shall apply with such modification as shall be necessary to make it enforceable to the fullest extent permissible under law.

Survival of Terms; Representations. The Executive’s obligations Obligations under this paragraph 7 Section 9 hereof shall remain in full force and effect notwithstanding the termination of his Executive’s employment. He Executive acknowledges that he is sophisticated in business, and that the restrictions and remedies set forth in this paragraph 7 Section 9 do not create an undue hardship on him and will not prevent him from earning a livelihood. He further acknowledges that he has had a sufficient period of time within which to review this Agreement, including this paragraph 7Section 9, with an attorney of his choice and he has done so to the extent he desired. The Executive and Holding Co. the Company agree that the restrictions and remedies contained in this paragraph 7 Section 9 are reasonable and necessary to protect Holding Co.the Company’s legitimate business interests regardless of the reason for or circumstances giving rise to such termination and that he and Holding Co. the Company intend that such restrictions and remedies shall be enforceable to the fullest extent permissible by law. The Executive agrees that given the scope of Holding Co.the Company’s business and the sophistication of the information highway, any further geographic limitation on such remedies and restrictions would deny Holding Co. the Company the protection to which it is entitled hereunder. If it shall be found by a court of competent jurisdiction that any such restriction or remedy is unenforceable but would be enforceable if some part thereof were deleted or modified, then such restriction or remedy shall apply with such modification as shall be necessary to make it enforceable to the fullest extent permissible under law.

Survival of Terms; Representations. The Executive’s obligations Obligations under this paragraph 7 Section 9 hereof shall remain in full force and effect notwithstanding the termination of his Executive’s employment. He Executive acknowledges that he she is sophisticated in business, and that the restrictions and remedies set forth in this paragraph 7 Section 9 do not create an undue hardship on him her and will not prevent him her from earning a livelihood. He She further acknowledges that he she has had a sufficient period of time within which to review this Agreement, including this paragraph 7Section 9, with an attorney of his her choice and he she has done so to the extent he she desired. The Executive and Holding Co. the Company agree that the restrictions and remedies contained in this paragraph 7 Section 9 are reasonable and necessary to protect Holding Co.the Company’s legitimate business interests regardless of the reason for or circumstances giving rise to such termination and that he she and Holding Co. the Company intend that such restrictions and remedies shall be enforceable to the fullest extent permissible by law. The Executive agrees that given the scope of Holding Co.the Company’s business and the sophistication of the information highway, any further geographic limitation on such remedies and restrictions would deny Holding Co. the Company the protection to which it is entitled hereunder. If it shall be found by a court of competent jurisdiction that any such restriction or remedy is unenforceable but would be enforceable if some part thereof were deleted or modified, then such restriction or remedy shall apply with such modification as shall be necessary to make it enforceable to the fullest extent permissible under law.

Survival of Terms; Representations. The Executive’s 's obligations under this paragraph 7 hereof shall remain in full force and effect notwithstanding the termination of his employment. He The Executive acknowledges that he is sophisticated in business, and that the restrictions and remedies set forth in this paragraph 7 do not create an undue hardship on him and will not prevent him from earning a livelihood. He The Executive further acknowledges that he has had a sufficient period of time within which to review this Agreement, including including, without limitation, this paragraph 7, with an attorney of his choice and he has done so to the extent he desired. The Executive and Holding Co. the Corporation agree that the restrictions and remedies contained in this paragraph 7 are reasonable and necessary to protect Holding Co.’s the Corporation's legitimate business interests regardless of the reason for or circumstances giving rise to such termination and that he and Holding Co. the Corporation intend that such restrictions and remedies shall be enforceable to the fullest extent permissible by law. The Executive agrees that given the scope of Holding Co.’s the Corporation's business and the sophistication of the information highway, any further geographic limitation on such remedies and restrictions would deny Holding Co. the Corporation the protection to which it is entitled hereunder. If it shall be found by a court of competent jurisdiction that any such restriction or remedy is unenforceable but would be enforceable if some part thereof were deleted or modified, then such restriction or remedy shall apply with such modification as shall be necessary to make it enforceable to the fullest extent permissible under law.

Survival of Terms; Representations. The Executive’s obligations under this paragraph 7 hereof shall remain in full force and effect notwithstanding the termination of his employment. He The Executive acknowledges that he is sophisticated in business, and that the restrictions and remedies set forth in this paragraph 7 do not create an undue hardship on him and will not prevent him from earning a livelihood. He The Executive further acknowledges that he has had a sufficient period of time within which to review this Agreement, including including, without limitation, this paragraph 7, with an attorney of his choice and he has done so to the extent he desired. The Executive and Holding Co. the Parent Company agree that the restrictions and remedies contained in this paragraph 7 are reasonable and necessary to protect Holding Co.the Parent Company’s legitimate business interests regardless of the reason for or circumstances giving rise to such termination and that he and Holding Co. the Parent Company intend that such restrictions and remedies shall be enforceable to the fullest extent permissible by law. The Executive agrees that given the scope of Holding Co.the Parent Company’s business and the sophistication of the information highway, any further geographic limitation on such remedies and restrictions would deny Holding Co. the Parent Company the protection to which it is entitled hereunder. If it shall be found by a court of competent jurisdiction that any such restriction or remedy is unenforceable but would be enforceable if some part thereof were deleted or modified, then such restriction or remedy shall apply with such modification as shall be necessary to make it enforceable to the fullest extent permissible under law.

Survival of Terms; Representations. The Executive’s 's obligations under this paragraph 7 hereof Section 6 shall remain in full force and effect notwithstanding the termination of his employmentemployment for any reason. He acknowledges that he is sophisticated in business, and that the restrictions and remedies set forth in this paragraph 7 Section 6 do not create an undue hardship on him and will not prevent him from earning a livelihood. He further acknowledges that he has had a sufficient period of time within which to review this Agreement, including this paragraph 7Section 6, with an attorney of his choice and he has done so to the extent he desired. The Executive and Holding Co. the Company agree that the restrictions and remedies contained in this paragraph 7 Section 6 are reasonable and necessary to protect Holding Co.’s the Company's legitimate business interests regardless of the reason for or circumstances giving rise to such termination and that he and Holding Co. the Company intend that such restrictions and remedies shall be enforceable to the fullest extent permissible by law. The Executive agrees that that, given the scope of Holding Co.’s the Company's business and the sophistication global nature of the information highwayoil and gas business, any further geographic limitation on such remedies and restrictions would deny Holding Co. the Company the protection to which it is entitled hereunder. If it shall be found by a court of competent jurisdiction that any such restriction or remedy is unenforceable but would be enforceable if some part thereof were deleted or modified, then such restriction or remedy shall apply with such modification as shall be necessary to make it enforceable to the fullest extent permissible under law.

Survival of Terms; Representations. The Executive’s obligations under this paragraph 7 hereof shall remain in full force and effect notwithstanding the termination of his employment. He acknowledges that he is sophisticated in business, and that the restrictions and remedies set forth in this paragraph 7 do not create an undue hardship on him and will not prevent him from earning a livelihood. He further acknowledges that he has had a sufficient period of time within which to review this Agreement, including including, without limitation, this paragraph 7, with an attorney of his choice and he has done so to the extent he desired. The Executive and Holding Co. the Company agree that the restrictions and remedies contained in this paragraph 7 are reasonable and necessary to protect Holding Co.the Company’s legitimate business interests regardless of the reason for or circumstances giving rise to such termination and that he and Holding Co. the Company intend that such restrictions and remedies shall be enforceable to the fullest extent permissible by law. The Executive agrees that given the scope of Holding Co.the Company’s business and the sophistication of the information highway, any further geographic limitation on such remedies and restrictions would deny Holding Co. the Company the protection to which it is entitled hereunder. If it shall be found by a court of competent jurisdiction that any such restriction or remedy is unenforceable but would be enforceable if some part thereof were deleted or modified, then such restriction or remedy shall apply with such modification as shall be necessary to make it enforceable to the fullest extent permissible under law.

Survival of Terms; Representations. The Executive’s obligations under this paragraph Section 7 hereof shall remain in full force and effect notwithstanding the termination of his Executive’s employment. He Executive acknowledges that he whe is sophisticated in business, and that the restrictions and remedies set forth in this paragraph Section 7 do not create an undue hardship on him her and will not prevent him her from earning a livelihood. He She further acknowledges that he she has had a sufficient period of time within which to review this Agreement, including this paragraph Section 7, with an attorney of his her choice and he she has done so to the extent he she desired. The Executive and Holding Co. the Company agree that the restrictions and remedies contained in this paragraph Section 7 are reasonable and necessary to protect Holding Co.the Company’s legitimate business interests regardless of the reason for or circumstances giving rise to such a termination of Executive’s employment by Employer and that he she and Holding Co. the Company intend that such restrictions and remedies shall be enforceable to the fullest extent permissible by law. The Executive agrees that that, given the scope of Holding Co.the Company’s business and the sophistication of the dissemination of information highwayrelating to the Company’s business, any further geographic limitation on such remedies and restrictions would deny Holding Co. the Company the protection to which it is entitled hereunder. If it shall be found by a court of competent jurisdiction that any such restriction or remedy is unenforceable but would be enforceable if some part thereof were deleted or modified, then such restriction or remedy shall apply with such modification as shall be necessary to make it enforceable to the fullest extent permissible under law.

Survival of Terms; Representations. The Executive’s obligations under this paragraph 7 hereof shall remain in full force and effect notwithstanding the termination of his employment. He The Executive acknowledges that he is sophisticated in business, and that the restrictions and remedies set forth in this paragraph 7 do not create an undue hardship on him and will not prevent him from earning a livelihood. He The Executive further acknowledges that he has had a sufficient period of time within which to review this Agreement, including including, without limitation, this paragraph 7, with an attorney of his choice and he has done so to the extent he desired. The Executive and Holding Co. the Corporation agree that the restrictions and remedies contained in this paragraph 7 are reasonable and necessary to protect Holding Co.the Corporation’s legitimate business interests regardless of the reason for or circumstances giving rise to such termination and that he and Holding Co. the Corporation intend that such restrictions and remedies shall be enforceable to the fullest extent permissible by law. The Executive agrees that given the scope of Holding Co.the Corporation’s business and the sophistication of the information highway, any further geographic limitation on such remedies and restrictions would deny Holding Co. the Corporation the protection to which it is entitled hereunder. If it shall be found by a court of competent jurisdiction that any such restriction or remedy is unenforceable but would be enforceable if some part thereof were deleted or modified, then such restriction or remedy shall apply with such modification as shall be necessary to make it enforceable to the fullest extent permissible under law.

Survival of Terms; Representations. The Executive’s obligations under this paragraph 7 hereof shall remain in full force and effect notwithstanding the termination of his her employment. He The Executive acknowledges that he she is sophisticated in business, and that the restrictions and remedies set forth in this paragraph 7 do not create an undue hardship on him her and will not prevent him her from earning a livelihood. He The Executive further acknowledges that he she has had a sufficient period of time within which to review this Agreement, including including, without limitation, this paragraph 7, with an attorney of his her choice and he she has done so to the extent he she desired. The Executive and Holding Co. the Corporation agree that the restrictions and remedies contained in this paragraph 7 are reasonable and necessary to protect Holding Co.the Corporation’s legitimate business interests regardless of the reason for or circumstances giving rise to such termination and that he she and Holding Co. the Corporation intend that such restrictions and remedies shall be enforceable to the fullest extent permissible by law. The Executive agrees that given the scope of Holding Co.the Corporation’s business and the sophistication of the information highway, any further geographic limitation on such remedies and restrictions would deny Holding Co. the Corporation the protection to which it is entitled hereunder. If it shall be found by a court of competent jurisdiction that any such restriction or remedy is unenforceable but would be enforceable if some part thereof were deleted or modified, then such restriction or remedy shall apply with such modification as shall be necessary to make it enforceable to the fullest extent permissible under law.

Survival of Terms; Representations. The Executive’s 's obligations under this paragraph 7 9 hereof shall remain in full force and effect notwithstanding the termination of his Executive's employment. He The Executive acknowledges that he is sophisticated in business, and that the restrictions and remedies set forth in this paragraph 7 9 do not create an undue hardship on him the Executive and will not prevent him Executive from earning a livelihood. He further acknowledges that he has had a sufficient period of time within which to review this Agreement, including this paragraph 7, with an attorney of his choice and he has done so to the extent he desired. The Executive and Holding Co. Corporation agree that the restrictions and remedies contained in this paragraph 7 paragraphs 9 are reasonable and necessary to protect Holding Co.’s Corporation's legitimate business interests regardless of the reason for or circumstances giving rise to such termination and that he Executive and Holding Co. Corporation intend that such restrictions and remedies shall be enforceable to the fullest extent permissible by law. The Executive agrees that given the scope of Holding Co.’s business and the sophistication of the information highway, any further geographic limitation on such remedies and restrictions would deny Holding Co. Corporation the protection to which it is entitled hereunder. If it shall be found by a court of competent jurisdiction that any such restriction or remedy is unenforceable but would be enforceable if some part thereof were deleted or modified, then such restriction or remedy shall apply with such modification as shall be necessary to make it enforceable to the fullest extent permissible under law.

Survival of Terms; Representations. The Executive’s obligations under this paragraph 7 hereof shall remain in full force and effect notwithstanding the termination of his employment. He The Executive acknowledges that he is sophisticated in business, and that the restrictions and remedies set forth in this paragraph 7 do not create an undue hardship on him and will not prevent him from earning a livelihood. He The Executive further acknowledges that he NY 76278983v5 has had a sufficient period of time within which to review this Agreement, including including, without limitation, this paragraph 7, with an attorney of his choice and he has done so to the extent he desired. The Executive and Holding Co. the Corporation agree that the restrictions and remedies contained in this paragraph 7 are reasonable and necessary to protect Holding Co.the Corporation’s legitimate business interests regardless of the reason for or circumstances giving rise to such termination and that he and Holding Co. the Corporation intend that such restrictions and remedies shall be enforceable to the fullest extent permissible by law. The Executive agrees that given the scope of Holding Co.the Corporation’s business and the sophistication of the information highway, any further geographic limitation on such remedies and restrictions would deny Holding Co. the Corporation the protection to which it is entitled hereunder. If it shall be found by a court of competent jurisdiction that any such restriction or remedy is unenforceable but would be enforceable if some part thereof were deleted or modified, then such restriction or remedy shall apply with such modification as shall be necessary to make it enforceable to the fullest extent permissible under law.

Survival of Terms; Representations. The Executive’s obligations under this paragraph 7 Section 8 hereof shall remain in full force and effect notwithstanding the termination of his employmentemployment or this Agreement. He The Executive acknowledges that he is sophisticated in business, and that the restrictions and remedies set forth in this paragraph 7 Section 8 do not create an undue hardship on him and will not prevent him from earning a livelihood. He further acknowledges that he has had a sufficient period of time within which to review this Agreement, including this paragraph 7Section 8, with an attorney of his choice and he has done so to the extent he desired. The Executive and Holding Co. the Company agree that the restrictions and remedies contained in this paragraph 7 Section 8 are reasonable and necessary to protect Holding Co.the Company’s legitimate business interests regardless of the reason for or circumstances giving rise to such termination and that he and Holding Co. the Company intend that such restrictions and remedies shall be enforceable to the fullest extent permissible by law. The Executive agrees that given the scope of Holding Co.’s business and the sophistication of the information highwayCompany's business, any further geographic limitation on such remedies and restrictions would deny Holding Co. the Company the protection to which it is entitled hereunder. If it shall be found by a court of competent jurisdiction that any such restriction or remedy is unenforceable but would be enforceable if some part thereof were deleted or modified, then such restriction or remedy shall apply with such modification as shall be necessary to make it enforceable to the fullest extent permissible under law.

Survival of Terms; Representations. The Executive’s obligations under this paragraph 7 hereof shall remain in full force and effect notwithstanding the termination of his employment. He The Executive acknowledges that he is sophisticated in business, and that the restrictions and remedies set forth in this paragraph 7 do not create an undue hardship on him and will not prevent him from earning a livelihood. He The Executive further acknowledges that he has had a sufficient period of time within which to review this Agreement, including including, without limitation, this paragraph 7, with an attorney of his choice and he has done so to the extent he desired. The Executive and Holding Co. agree agrees that the restrictions and remedies contained in this paragraph 7 are reasonable and necessary to protect Holding Co.the Group Company’s legitimate business interests regardless of the reason for or circumstances giving rise to such termination and that he and Holding Co. the parties intend that such restrictions and remedies shall be enforceable to the fullest extent permissible by law. The Executive agrees that given the scope of Holding Co.the Group Company’s business and the sophistication of the information highway, any further geographic limitation on such remedies and restrictions would deny Holding Co. the Group Company the protection to which it is entitled hereunder. If it shall be found by a court of competent jurisdiction that any such restriction or remedy is unenforceable but would be enforceable if some part thereof were deleted or modified, then such restriction or remedy shall apply with such modification as shall be necessary to make it enforceable to the fullest extent permissible under law.