Common use of Waiver of Defenses; Enforceability of Covenants Clause in Contracts

Waiver of Defenses; Enforceability of Covenants. The Executive acknowledges and agrees that the covenants contained in this Section 10 (as well as each sub-section) shall be construed as agreements independent of each other and of any provision of this or any other contract between the parties hereto, and that the existence of any claim or cause of action by the Executive against the Company, whether predicated upon this or any other contract, shall not constitute a defense to the enforcement by the Company of said covenants. The Executive further agrees that the term of the covenants contained in this Section 10 (as well as each sub-section) and the geographic limitations are reasonable limits within the context of the Executive’s current or former activities for the Company. The Executive therefore waives any defense to enforcement of these covenants on the grounds that these covenants are not valid or that the terms of these covenants are not reasonable, but the Executive expressly does not waive the right to seek a construction of the covenants themselves. In the event that any provisions relating to this covenant shall be declared by a court of competent jurisdiction to exceed the maximum time periods and/or areas of restriction deemed reasonable and enforceable, the time period and/or areas of restriction deemed reasonable and enforceable by such court shall become and thereafter be the maximum time period and/or areas.

Waiver of Defenses; Enforceability of Covenants. The Executive Employee acknowledges and agrees that the covenants contained in Sections 7, 8, 9 and 10 of this Section 10 Agreement (as well as each sub-sectionsubsection of such Sections) shall be construed as agreements independent of each other and of any provision of this or any other contract between the parties hereto, and that the existence of any claim or cause of action by the Executive Employee against the CompanyEmployer, whether predicated upon this or any other contract, shall not constitute a defense to the enforcement by the Company Employer of said covenants. The Executive Employee further agrees that the term of the covenants contained in Sections 7, 8, 9 and 10 of this Section 10 Agreement (as well as each sub-sectionsubsection of such Sections) and the geographic limitations are reasonable limits within the context of the ExecutiveEmployee’s current or former activities for the CompanyEmployer. The Executive Employee therefore waives any defense to enforcement of these covenants on the grounds that these covenants are not valid or that the terms of these covenants are not reasonable, but the Executive Employee expressly does not waive the right to seek a construction of the covenants themselves. In the event that any provisions relating to this covenant these covenants shall be declared by a court of competent jurisdiction to exceed the maximum time periods and/or areas of restriction deemed reasonable and enforceable, the time period and/or areas of restriction deemed reasonable and enforceable by such court shall become and thereafter be the maximum time period and/or areas.

Waiver of Defenses; Enforceability of Covenants. The Executive Employee acknowledges and agrees that the covenants contained in Sections 3, 4, 5 and 6 of this Section 10 Agreement (as well as each sub-sectionsubsection of such Sections) shall be construed as agreements independent of each other and of any provision of this or any other contract between the parties hereto, and that the existence of any claim or cause of action by the Executive Employee against the CompanyCompany or its subsidiaries, whether predicated upon this or any other contract, shall not constitute a defense to the enforcement by the Company of said covenants. The Executive Employee further agrees that the term of the covenants contained in Sections 3, 4, 5 and 6 of this Section 10 Agreement (as well as each sub-sectionsubsection of such Sections) and the geographic limitations are reasonable limits within the context of the ExecutiveEmployee’s current or former activities for the Company. The Executive Employee therefore waives any defense to enforcement of these covenants on the grounds that these covenants are not valid or that the terms of these covenants are not reasonable, but the Executive Employee expressly does not waive the right to seek a construction of the covenants themselves. In the event that any provisions relating to this covenant these covenants shall be declared by a court of competent jurisdiction to exceed the maximum time periods and/or areas of restriction deemed reasonable and enforceable, the time period and/or areas of restriction deemed reasonable and enforceable by such court shall become and thereafter be the maximum time period and/or areas.