Common use of Understandings Clause in Contracts

Understandings. (i) The provisions of this Section 1 shall be construed as an agreement independent of any other claim. The existence of any claim or cause of action of the Employee against the Company, whether predicated on the Employee’s employment or otherwise, shall not constitute a defense to the enforcement by the Company of the terms of this Section 1. The Employee waives any right to a jury trial in any litigation relating to or arising from this Agreement. (ii) The Employee acknowledges and agrees that the covenants and agreements contained herein are necessary for the protection of the Company’s legitimate business interests and are reasonable in scope and content. The Employee agrees that the restrictions contained in this Section 1 are reasonable and will not unduly restrict the Employee in securing other employment or income in the event the Employee’s employment with the Company ends.

Appears in 4 contracts

Sources: Severance and Non Competition Agreement (Broadwind, Inc.), Severance and Non Competition Agreement (Broadwind Energy, Inc.), Severance and Non Competition Agreement (Broadwind Energy, Inc.)

Understandings. (i) The provisions of this Section 1 shall be construed as an agreement independent of any other claim. The existence of any claim or cause of action of the Employee against the Company, whether predicated on the Employee’s employment or otherwise, shall not constitute a defense to the enforcement by the Company of the terms of Section 1 of this Section 1Agreement. The Employee waives any right to a jury trial in any litigation relating to or arising from this Agreement. (ii) The Employee acknowledges and agrees that the covenants and agreements contained herein are necessary for the protection of the Company’s legitimate business interests and are reasonable in scope and content. The Employee agrees that the restrictions contained in this Section 1 are reasonable and will not unduly restrict the Employee in securing other employment or income in the event the Employee’s employment with the Company ends.

Appears in 3 contracts

Sources: Severance and Non Competition Agreement (Broadwind Energy, Inc.), Severance and Non Competition Agreement (Broadwind Energy, Inc.), Severance and Non Competition Agreement (Broadwind Energy, Inc.)

Understandings. (i) The provisions of this Section 1 shall be construed as an agreement independent of any other claim. The existence of any claim or cause of action of the Employee against the Company, whether predicated on the Employee’s employment or otherwise, shall not constitute a defense to the enforcement by the Company of the terms of this Section 11 . The Employee waives any right to a jury trial in any litigation relating to or arising from this Agreement. (ii) The Employee acknowledges and agrees that the covenants and agreements contained herein are necessary for the protection of the Company’s legitimate business interests and are reasonable in scope and content. The Employee agrees that the restrictions contained in this Section 1 are reasonable and will not unduly restrict the Employee in securing other employment or income in the event the Employee’s employment with the Company ends.

Appears in 1 contract

Sources: Executive Non Competition Agreement