Survival of Undertakings and Injunctive Relief. (a) The provisions of Sections 6.01, 6.02, 6.03 and 6.04 shall survive the termination of the Executive's employment with the Company irrespective of the reasons therefor. (b) The Executive acknowledges and agrees that the restrictions imposed upon the Executive by Sections 6.01, 6.02, 6.03 and 6.04 and the purpose of such restrictions are reasonable and are designed to protect the Protected Information and the continued success of the Company without unduly restricting the Executive's future employment by others. Furthermore, the Executive acknowledges that, in view of the Protected Information which the Executive has or will acquire or has or will have access to and in view of the necessity of the restrictions contained in Sections 6.01, 6.02, 6.03 and 6.04, any violation of any provision of Sections 6.01, 6.02, 6.03 and 6.04 hereof would cause irreparable injury to the Company and its successors in interest with respect to the resulting disruption in their operations. By reason of the foregoing, the Executive consents and agrees that if the Executive violates any of the provisions of Sections 6.01, 6.02, 6.03 or 6.04 of this Agreement, the Company and its successors in interest as the case may be, shall be entitled, in addition to any other remedies that they may have, including money damages, to an injunction to be issued by a court of competent jurisdiction, restraining the Executive from committing or continuing any violation of such Sections of this Agreement. In the event of any such violation of Sections 6.01, 6.02, 6.03 and 6.04 of this Agreement, the Executive further agrees that the time periods set forth in such Section shall be extended by the period of such violation.
Appears in 3 contracts
Samples: Employment Agreement (Fonix Corp), Employment Agreement (Fonix Corp), Employment Agreement (Fonix Corp)
Survival of Undertakings and Injunctive Relief. (a) The provisions of Sections 6.015.01, 6.025.02, 6.03 5.03 and 6.04 5.04 of this Agreement shall survive both the termination of the Executive's employment with the Company and the termination of this Agreement irrespective of the reasons thereforfor such termination.
(b) The Executive acknowledges and agrees that the restrictions imposed upon the Executive by Sections 6.015.01, 6.025.02, 6.03 5.03 and 6.04 5.04 of this Agreement and the purpose of such restrictions are reasonable and are designed to protect the Protected Information and the continued success of the Company without unduly restricting the Executive's future employment by others. Furthermore, the Executive acknowledges that, in view of the Protected Information which the Executive has or will acquire or has or will have access to and in view of the necessity of the restrictions contained in Sections 6.015.01, 6.025.02, 6.03 5.03 and 6.045.04, any violation of any provision of Sections 6.015.01, 6.025.02, 6.03 5.03 and 6.04 5.04 hereof would cause irreparable injury to the Company and its successors in interest with respect to the resulting disruption in their operations. By reason of the foregoing, foregoing the Executive consents and agrees that if the Executive violates any of the provisions of Sections 6.015.01, 6.025.02, 6.03 5.03 or 6.04 5.04 of this Agreement, the Company and its successors in interest as the case may be, shall be entitled, in addition to any other remedies that they may have, including money damages, to an injunction to be issued by a court of competent jurisdiction, restraining the Executive from committing or continuing any violation of such Sections of this Agreement. In the event of any such violation of Sections 6.015.01, 6.025.02, 6.03 5.03 and 6.04 5.04 of this Agreement, the Executive further agrees that the time periods set forth in such Section Sections shall be extended by the period of such violation.
Appears in 3 contracts
Samples: Employment Agreement (Hardie James Industries Nv), Employment Agreement (Hardie James Industries Nv), Employment Agreement (Hardie James Industries Nv)
Survival of Undertakings and Injunctive Relief. (a) 5.5.1 The provisions of Sections 6.015.1, 6.025.2, 6.03 5.3 and 6.04 5.4 shall survive the termination of the Executive's employment with the Company irrespective of the reasons therefor.
(b) 5.5.2 The Executive acknowledges and agrees that the restrictions imposed upon the Executive by Sections 6.015.1, 6.025.2, 6.03 5.3 and 6.04 5.4 and the purpose of such restrictions are reasonable and are designed to protect the Protected Information and the continued success of the Company without unduly restricting the Executive's future employment by others. Furthermore, the Executive acknowledges that, in view of the Protected Information which the Executive has or will acquire or has or will have access to and in view of the necessity of the restrictions contained in Sections 6.015.1, 6.025.2, 6.03 5.3 and 6.045.4, any violation of any provision of Sections 6.015.1, 6.025.2, 6.03 5.3 and 6.04 5.4 hereof would cause irreparable injury to the Company and its successors in interest with respect to the resulting disruption in their operations. By reason of the foregoing, the Executive consents and agrees that if the Executive violates any of the provisions of Sections 6.015.1, 6.025.2, 6.03 5.3 or 6.04 5.4 of this Agreement, the Company and its successors in interest interest, as the case may be, shall be entitled, in addition to any other remedies that they may have, including money damages, to an injunction to be issued by a court of competent jurisdiction, restraining the Executive from committing or continuing any violation of such Sections of this Agreement. In the event of any such violation of Sections 6.015.1, 6.025.2, 6.03 5.3 and 6.04 5.4 of this Agreement, the Executive further agrees that the time periods set forth in such Section Sections shall be extended by the period of such violation.
Appears in 2 contracts
Samples: Employment Agreement (PCT Holdings Inc /Nv/), Employment Agreement (PCT Holdings Inc /Nv/)
Survival of Undertakings and Injunctive Relief. (a) The provisions of Sections 6.01, 6.02, 6.02 and 6.03 and 6.04 shall survive the termination of the Executive's employment with the Company irrespective of the reasons therefor.
(b) The Executive acknowledges and agrees that the restrictions imposed upon the Executive by Sections 6.01, 6.02, 6.02 and 6.03 and 6.04 and the purpose of such restrictions are reasonable and are designed to protect the Protected Information and the continued success of the Company without unduly restricting the Executive's future employment by others. Furthermore, the Executive acknowledges that, in view of the Protected Information which the Executive has or will acquire or has or will have access to and in view of the necessity of the restrictions contained in Sections 6.01, 6.02, 6.03 6.02 and 6.046.03, any violation of any provision of Sections 6.01, 6.02, 6.02 and 6.03 and 6.04 hereof would cause irreparable injury to the Company and its successors in interest with respect to the resulting disruption in their operations. By reason of the foregoing, foregoing the Executive consents and agrees that if the Executive violates any of the provisions of Sections 6.01, 6.02, 6.02 or 6.03 or 6.04 of this Agreement, the Company and its successors in interest as the case may be, shall be entitled, in addition to any other remedies that they may have, including money damages, to an injunction to be issued by a court of competent jurisdiction, restraining the Executive from committing or continuing any violation of such Sections of this Agreement. In the event of any such violation of Sections 6.01, 6.02, 6.02 or 6.03 and 6.04 of this Agreement, the Executive further agrees that the time periods set forth in such Section Sections shall be extended by the period of such violation.
Appears in 2 contracts
Samples: Employment Agreement (Dynatronics Corp), Employment Agreement (Dynatronics Corp)
Survival of Undertakings and Injunctive Relief. (a) The provisions of Sections 6.01, 6.02, 6.02 and 6.03 and 6.04 shall survive the termination of the Executive's employment with the Company irrespective regardless of the reasons therefor.
(b) The Executive acknowledges and agrees that the restrictions imposed upon the Executive by Sections 6.01, 6.02, 6.02 and 6.03 and 6.04 and the purpose of such restrictions are reasonable and are designed to protect the Protected Information and the continued success of the Company without unduly restricting the Executive's future employment by others. Furthermore, the Executive acknowledges that, in view of the Protected Information which the Executive has or will acquire or has or will have access to and in view of the necessity of the restrictions contained in Sections 6.01, 6.02, 6.03 6.02 and 6.046.03, any violation of any provision of Sections 6.01, 6.02, 6.02 and 6.03 and 6.04 hereof would cause irreparable injury to the Company and its successors in interest with respect to the resulting disruption in their operations. By reason of the foregoing, foregoing the Executive consents and agrees that if the Executive violates any of the provisions of Sections 6.01, 6.02, 6.02 or 6.03 or 6.04 of this Agreement, the Company and its successors in interest as the case may be, shall be entitled, in addition to any other remedies that they may have, including money damages, to an injunction to be issued by a court of competent jurisdiction, restraining the Executive from committing or continuing any violation of such Sections of this Agreement. In the event of any such violation of Sections 6.01, 6.02, 6.02 or 6.03 and 6.04 of this Agreement, the Executive further agrees that the time periods set forth in such Section Sections shall be extended by the period of such violation.
Appears in 2 contracts
Samples: Employment Agreement (Dynatronics Corp), Employment Agreement (Dynatronics Corp)
Survival of Undertakings and Injunctive Relief. (a1) The provisions of Sections 6.01, 6.02, 6.02 and 6.03 and 6.04 shall survive the termination of the Executive's employment with the Company irrespective of the reasons therefor.
(b2) The Executive acknowledges and agrees that the restrictions imposed upon the Executive by Sections 6.01, 6.02, 6.02 and 6.03 and 6.04 and the purpose of such restrictions are reasonable and are designed to protect the Protected Information and the continued success of the Company without unduly restricting the Executive's future employment by others. Furthermore, the Executive acknowledges that, in view of the Protected Information which the Executive has or will acquire or has or will have access to and in view of the necessity of the restrictions contained in Sections 6.01, 6.02, 6.03 6.02 and 6.046.03, any violation of any provision of Sections 6.01, 6.02, 6.02 and 6.03 and 6.04 hereof would cause irreparable injury to the Company and its successors in interest with respect to the resulting disruption in their operations. By reason of the foregoing, foregoing the Executive consents and agrees that if the Executive violates any of the provisions of Sections 6.01, 6.02, 6.02 or 6.03 or 6.04 of this Agreement, the Company and its successors in interest as the case may be, shall be entitled, in addition to any other remedies that they may have, including money damages, to an injunction to be issued by a court of competent jurisdiction, restraining the Executive from committing or continuing any violation of such Sections of this Agreement. In the event of any such violation of Sections 6.01, 6.02, 6.02 or 6.03 and 6.04 of this Agreement, the Executive further agrees that the time periods set forth in such Section Sections shall be extended by the period of such violation.
Appears in 2 contracts
Samples: Employment Agreement (Dynatronics Corp), Employment Agreement (Dynatronics Corp)
Survival of Undertakings and Injunctive Relief. (a) The provisions of Sections 6.015.01, 6.025.02, 6.03 5.03 and 6.04 5.04 shall survive the termination of the Executive's employment with the Company irrespective of the reasons therefor.
(b) The Executive acknowledges and agrees that the restrictions imposed upon the Executive by Sections 6.015.01, 6.025.02, 6.03 5.03 and 6.04 5.04 and the purpose of such restrictions are reasonable and are designed to protect the Protected Information and the continued success of the Company without unduly restricting the Executive's future employment by others. Furthermore, the Executive acknowledges that, in view of the Protected Information which the Executive has or will acquire or has or will have access to and in view of the necessity of the restrictions contained in Sections 6.015.01, 6.025.02, 6.03 5.03 and 6.045.04, any violation of any provision of Sections 6.015.01, 6.025.02, 6.03 5.03 and 6.04 5.04 hereof would cause irreparable injury to the Company and its successors in interest with respect to the resulting disruption in their operations. By reason of the foregoing, foregoing the Executive consents and agrees that if the Executive violates any of the provisions of Sections 6.015.01, 6.025.02, 6.03 5.03 or 6.04 5.04 of this Agreement, the Company and its successors in interest as the case may be, shall be entitled, in addition to any other remedies that they may have, including money damages, to an injunction to be issued by a court of competent jurisdiction, restraining the Executive from committing or continuing any violation of such Sections of this Agreement. In the event of any such violation of Sections 6.015.01, 6.025.02, 6.03 5.03 and 6.04 5.04 of this Agreement, the Executive further agrees that the time periods set forth in such Section Sections shall be extended by the period of such violation.
Appears in 1 contract
Survival of Undertakings and Injunctive Relief. (a) The provisions of Sections 6.01, 6.02, 6.03 and 6.04 Section 5.01 shall survive the termination of the ExecutiveEmployee's employment with the Company irrespective of the reasons therefor.
(b) The Executive Employee acknowledges and agrees that the restrictions imposed upon the Executive Employee by Sections 6.01, 6.02, 6.03 and 6.04 Section 5.01 and the purpose of such restrictions are reasonable and are designed to protect the Protected Information and the continued success of the Company without unduly restricting the ExecutiveEmployee's future employment by others. Furthermore, the Executive Employee acknowledges that, in view of the Protected Information which the Executive Employee has or will acquire or has or will have access to and in view of the necessity of the restrictions contained in Sections 6.01, 6.02, 6.03 and 6.04Section 5.01, any violation of any provision of Sections 6.01, 6.02, 6.03 and 6.04 Section 5.01 hereof would cause irreparable injury to the Company and its successors in interest with respect to the resulting disruption in their operations. By reason of the foregoing, the Executive Employee consents and agrees that if the Executive Employee violates any of the provisions of Sections 6.01, 6.02, 6.03 or 6.04 Section 5.01 of this Agreement, the Company and its successors in interest interest, as the case may be, shall be entitled, in addition to any other remedies that they may have, including money damages, to an injunction to be issued by a court of competent jurisdiction, restraining the Executive Employee from committing or continuing any violation of such Sections of this Agreement. In the event of any such violation of Sections 6.01, 6.02, 6.03 and 6.04 Section 5.01 of this Agreement, the Executive Employee further agrees that the time periods set forth in such Section Sections shall be extended by the period of such violation.
Appears in 1 contract
Survival of Undertakings and Injunctive Relief. (a) The provisions of Sections 6.015.01, 6.02, 6.03 5.02 and 6.04 5.03 shall survive the termination of the ExecutiveEmployee's employment with the Company irrespective of the reasons therefor.
(b) The Executive Employee acknowledges and agrees that the restrictions imposed upon the Executive Employee by Sections 6.015.01, 6.02, 6.03 5.02 and 6.04 5.03 and the purpose of such restrictions are reasonable and are designed to protect the Protected Information and the continued success of the Company without unduly restricting the ExecutiveEmployee's future employment by others. Furthermore, the Executive Employee acknowledges that, in view of the Protected Information which the Executive Employee has or will acquire or has or will have access to and in view of the necessity of the restrictions contained in Sections 6.015.01, 6.02, 6.03 5.02 and 6.045.03, any violation of any provision of Sections 6.015.01, 6.02, 6.03 5.02 and 6.04 5.03 hereof would cause irreparable injury to the Company and its successors in interest with respect to the resulting disruption in their operations. By reason of the foregoing, the Executive Employee consents and agrees that if the Executive Employee violates any of the provisions of Sections 6.015.01, 6.02, 6.03 5.02 or 6.04 5.03 of this Agreement, the Company and its successors in interest interest, as the case may be, shall be entitled, in addition to any other remedies that they may have, including money damages, to an injunction to be issued by a court of competent jurisdiction, restraining the Executive Employee from committing or continuing any violation of such Sections of this Agreement. In the event of any such violation of Sections 6.015.01, 6.02, 6.03 and 6.04 5.02 or 5.03 of this Agreement, the Executive Employee further agrees that the time periods set forth in such Section Sections shall be extended by the period of such violation.
Appears in 1 contract
Survival of Undertakings and Injunctive Relief. (a) The Except as provide herein, the provisions of Sections 6.017.01, 6.027.02, 6.03 7.03 and 6.04 7.04 shall survive the termination of the Executive's employment with the Company irrespective of the reasons therefor.
(b) The Executive acknowledges and agrees that the restrictions imposed upon the Executive by Sections 6.017.01, 6.027.02, 6.03 7.03 and 6.04 7.04 and the purpose of such restrictions are reasonable and are designed to protect the Protected Information and the continued success of the Company without unduly restricting the Executive's future employment by others. Furthermore, the Executive acknowledges that, in view of the Protected Information which the Executive has or will acquire or has or will have access to and in view of the necessity of the restrictions contained in Sections 6.017.01, 6.027.02, 6.03 7.03 and 6.047.04, any violation of any provision of Sections 6.017.01, 6.027.02, 6.03 7.03 and 6.04 7.04 hereof would cause irreparable injury to the Company and its successors in interest with respect to the resulting disruption in their operations. By reason of the foregoing, the Executive consents and agrees that if the Executive violates any of the provisions of Sections 6.017.01, 6.027.02, 6.03 7.03 or 6.04 7.04 of this Agreement, the Company and its successors in interest as the case may be, shall be entitled, in addition to any other remedies that they may have, including money damages, to an injunction to be issued by a court of competent jurisdiction, restraining the Executive from committing or continuing any violation of such Sections of this Agreement. In the event of any such violation of Sections 6.017.01, 6.027.02, 6.03 7.03 and 6.04 7.04 of this Agreement, the Executive further agrees that the time periods set forth in such Section Sections shall be extended by the period of such violation.
Appears in 1 contract
Samples: Employment Agreement (Intermet Corp)
Survival of Undertakings and Injunctive Relief. (a) The provisions of Sections 6.01, 6.02, 6.03 and 6.04 shall survive the termination of the Executive's employment with the Company irrespective of the reasons therefor.
(b) The Executive acknowledges and agrees that the restrictions imposed upon the Executive by Sections 6.01, 6.02, 6.03 and 6.04 and the purpose of such restrictions are reasonable and are designed to protect the Protected Information and the continued success of the Company without unduly restricting the Executive's future employment by others. Furthermore, the Executive acknowledges that, in view of the Protected Information which the Executive has or will acquire or has or will have access to and in view of the necessity of the restrictions contained in Sections 6.01, 6.02, 6.03 and 6.04, any violation of any provision of Sections 6.01, 6.02, 6.03 and 6.04 hereof would cause irreparable injury to the Company and its successors in interest with respect to the resulting disruption in their operations. By reason of the foregoing, foregoing the Executive consents and agrees that if the Executive violates any of the provisions of Sections 6.01, 6.02, 6.03 or 6.04 of this Agreement, the Company and its successors in interest as the case may be, shall be entitled, in addition to any other remedies that they may have, including money damages, to an injunction to be issued by a court of competent jurisdiction, restraining the Executive from committing or continuing any violation of such Sections of this Agreement. In the event of any such violation of Sections 6.01, 6.02, 6.03 and 6.04 of this Agreement, the Executive further agrees that the time periods set forth in such Section Sections shall be extended by the period of such violation.
Appears in 1 contract