Executive Covenants definition
Examples of Executive Covenants in a sentence
If any court determines that any of the Executive Covenants, or any part thereof, is unenforceable because of the duration or geographical scope of such provision, such court shall have the power to reduce the duration or scope of such provision, as the case may be, and, in its reduced form, such provision shall then be enforceable.
If any court determines that any of the Executive Covenants, or any part thereof, is invalid or unenforceable, the remainder of the Restrictive Covenants shall not thereby be affected and shall be given full effect without regard to the invalid portions.
Except as set forth in Section 1(b), the Executive Covenants set forth in Section 5 shall survive the Executive’s termination of employment, regardless of the reason for such termination.
Notwithstanding the foregoing, the Executive shall have the duty to disclose to any employer or prospective employer the fact that the Executive is bound by the Executive Covenants contained in Sections 6(b), (d), and (e) of this Agreement, but remains prohibited from disclosing other terms of this Agreement consistent with this Section 6(f).
The Executive Covenants shall survive the termination or expiration of the Term of Employment and the Executive’s employment with the Company Group and shall be fully enforceable thereafter.
Executive’s eligibility for and receipt of the payments and benefits set forth in this Section 4(c) is contingent on (A) Executive’s execution of the severance agreement provided by the Company (which will include a full release of claims against the Company and reaffirmation of the Executive Covenants set forth in Section 5) within 30 days after the Separation Date and (B) Executive’s compliance with the Executive Covenants set forth in Section 5.
Nothing contained in this Section 8(a) shall release Executive from Executive’s obligations, including any obligations to abide by the Executive Covenants.
The parties acknowledge that a remedy at law for any breach or threatened breach by Executive of any of the Executive Covenants would be inadequate and the harm would be irreparable and agree that the Company shall be entitled to injunctive relief in case of any such breach or threatened breach.
Executive hereby confirms that Executive is and has been in compliance with all terms and conditions of (i) the Executive Covenants and (ii) the material terms of any other individual written agreement between Executive and the Company and/or any of its affiliates.
In executing this Separation Agreement and as a condition to the Company’s performance of its obligations herein, Executive hereby reaffirms his Executive Covenants as set forth in Section 6 of the ESA (Exhibit A).