Common use of Violation if Restrictive Covenants Determined Invalid or Unenforceable Clause in Contracts

Violation if Restrictive Covenants Determined Invalid or Unenforceable. If a court or tribunal of competent jurisdiction declares some or all of the Restrictive Covenants or other obligations described in this Agreement invalid, void or unenforceable, including without limitation Section 6(A)(i), and You provide services in any capacity (including without limitation as employee, consultant, contractor, agent, director, or otherwise) with any of the business entities described or named in Section 6(A)(i), the forfeiture and claw-back provisions described in Section 7(A) of this Agreement shall nevertheless apply, and Your actions will be considered a violation of this Agreement, resulting in the forfeiture of all unpaid Separation Compensation payable under Section 2(A)(i-ii) and triggering Your obligation to repay the Net Cash Value in excess of $1,000 of any previously paid Separation Compensation payable under Section 2(A)(i) after the Separation Date.

Appears in 1 contract

Samples: Mutual Separation Agreement and Release (Jabil Inc)

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Violation if Restrictive Covenants Determined Invalid or Unenforceable. If a court or tribunal of competent jurisdiction declares some or all of the Restrictive Covenants or other obligations described in this Agreement invalid, void or unenforceable, including without limitation Section 6(A)(i), and You provide services in any capacity (including without limitation as employee, consultant, contractor, agent, director, or otherwise) with any of the business entities described or named in Section 6(A)(i), the forfeiture and claw-back provisions described in Section 7(A) of this Agreement shall nevertheless apply, and Your actions will be considered a violation of this Agreement, resulting in the forfeiture of all unpaid Separation Compensation payable under Section 2(A)(i-ii) and triggering Your obligation to repay the Net Cash Value in excess of $1,000 100,000 of any previously paid Separation Compensation payable under Section 2(A)(i) after the Separation Date.

Appears in 1 contract

Samples: Mutual Separation Agreement and Release (Jabil Inc)

Violation if Restrictive Covenants Determined Invalid or Unenforceable. If a court or tribunal of competent jurisdiction declares some or all of the Restrictive Covenants or other obligations described in this Agreement invalid, void or unenforceable, including without limitation Section Paragraph 6(A)(i), and You provide services are found by a court or tribunal of competent jurisdiction to have engaged in any capacity (including without limitation as employeeconduct that would, consultantbut for the above-referenced declaration, contractor, agent, director, or otherwise) with any constitute a violation of the business entities described or named in Section Paragraph 6(A)(i), the forfeiture and claw-back provisions described in Section 7(A) of this Agreement shall nevertheless apply, and Your actions will be considered a violation of this Agreement, resulting in the forfeiture of all unpaid Separation Compensation payable under Section 2(A)(i-ii) and triggering Your obligation to repay the Net Cash Value in excess of $1,000 of any previously paid Separation Compensation payable under Section 2(A)(i) after the Separation Date.

Appears in 1 contract

Samples: Mutual Separation Agreement and Release (Jabil Inc)

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Violation if Restrictive Covenants Determined Invalid or Unenforceable. If a court or tribunal of competent jurisdiction declares some or all of the Restrictive Covenants or other obligations described in this Agreement invalid, void or unenforceable, including without limitation pursuant to Section 6(A)(i4(A)(i), and You provide services in any capacity (including without limitation as employee, consultant, contractor, agent, director, or otherwise) with any of the business entities described or named in Section 6(A)(i4(A)(i), the forfeiture and claw-back repayment provisions described in Section 7(A6(A) of this Agreement shall nevertheless apply, and Your actions will be considered a violation of this Agreement, resulting in the forfeiture of all unpaid Separation Compensation payable under Section 2(A)(i-ii) Consideration Payments and Unvested Stock Awards and triggering Your obligation to repay the Net Cash Value in excess of $1,000 of (x) any previously paid Separation Compensation payable under Section 2(A)(iConsideration Payments and (y) any equity award which vested after the Separation Date.

Appears in 1 contract

Samples: Restrictive Covenants Agreement (Jabil Inc)

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