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 Paragraph 6(A)(i), and You are found by a court or tribunal of competent jurisdiction to have engaged in conduct that would, but for the above-referenced declaration, constitute a violation of 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) 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 (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 Paragraph Section 6(A)(i), and You are found by a court provide services in any capacity (including without limitation as employee, consultant, contractor, agent, director, or tribunal otherwise) with any of competent jurisdiction to have engaged the business entities described or named in conduct that would, but for the above-referenced declaration, constitute a violation of Paragraph 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 (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 Paragraph 6(A)(ipursuant to Section 4(A)(i), and You are found by a court provide services in any capacity (including without limitation as employee, consultant, contractor, agent, director, or tribunal otherwise) with any of competent jurisdiction to have engaged the business entities described or named in conduct that would, but for the above-referenced declaration, constitute a violation of Paragraph 6(A)(iSection 4(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) 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: Separation, Release and Restrictive Covenants Agreement (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 Paragraph Section 6(A)(i), and You are found by a court provide services in any capacity (including without limitation as employee, consultant, contractor, agent, director, or tribunal otherwise) with any of competent jurisdiction to have engaged the business entities described or named in conduct that would, but for the above-referenced declaration, constitute a violation of Paragraph 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 (Jabil Inc)

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