Common use of Acknowledgments by Executive Clause in Contracts

Acknowledgments by Executive. Executive hereby agrees and acknowledges (i) that the Corporation has a protectable interest in the information, data, and plans, both technical and business in nature, which are treated as confidential by the Corporation, as well as the goodwill and specialized knowledge acquired by the Executive during the course of the Executive's employment with the Corporation; (ii) that the provisions of Paragraphs 7, 8, 9 and 10 of this Agreement are in consideration of (a) employment with the Corporation, (b) employment for a fixed period of time, (c) eligibility to participate in the Corporation's benefit plans and enter into this extended Employment Agreement and any extended termination compensation agreement with the Corporation, (d) access to and use of confidential information, including but not limited to information, data, and plans, both technical and business in nature, such as customer lists and records, sales records and marketing plans, research and technical reports and records, formulas, processes, inventions, patent applications, designs and drawings, instructions and training manuals, business and financial information, salary information, contracts and other legal documents, and correspondence to which the Corporation has been a party, (e) access to and the Executive's development on behalf of the Corporation of near-permanent relationships with the Corporation's customers, and (f) additional good and valuable consideration as set forth in this Agreement; (iii) that the restrictions contained in Paragraphs 7, 8, 9 and 10 do not preclude the Executive from earning a livelihood, nor do they unreasonably impose limitations on the Executive's ability to earn a living, and that the potential harm to the Corporation of the non-enforcement of Paragraphs 7, 8, 9 and 10 outweighs any harm to the Executive of their enforcement by injunction or otherwise; and (iv) that the Executive has carefully read this Agreement, has given careful consideration to the restraints imposed upon the Executive by this Agreement and is in full accord as to their necessity for the reasonable and proper protection of the Corporation's near permanent customer relationships and confidential information, data and plans, and that each and every restraint imposed by this Agreement is reasonable with respect to subject matter, time period and geographical area.

Acknowledgments by Executive. Executive hereby acknowledges that the terms of this Section 10, including the definitions of Business, Compete, Customer, Restricted Territory, and Noncompetition Term are reasonable, and are no broader than necessary to protect the Company’s legitimate business interests. Executive specifically acknowledges and agrees that (i) he has received adequate and valuable consideration for entering into this noncompetition agreement, (ii) the Company is currently engaged in the Business, and is either actively engaged in each aspect thereof set out in the definition set forth in Section 10.3(a)(i) above, or it reasonably anticipates that it will be engaged in each such aspect or activity during the Term, and that part of Executive’s responsibilities as Executive Vice President and General Manager of Alliance Display have been, are and will continue to be to explore and expand the Company into each aspect of the Business where it can profitably do so, (iii) the nature of the Business is such that the range of business and competition is not necessarily contained within easily definable geographic territories, and that, in many respects, otherwise unrelated aspects of the Business are competitive with each other, (iv) the Business is highly competitive, and (v) by reason of his responsibilities as Executive Vice President and General Manager of Alliance Display, he has been, is and will continue to be intimately familiar with and engaged in developing Alliance Display’s business, financial, strategic and growth plans and other Confidential Information, and that if he engages in any of the activity prohibited by this Section 10, it is inevitable that he would use or disclose Confidential Information of the Company. Further, Executive agrees and acknowledges (i) that the Corporation has a protectable interest in Company shall have the informationright to limit, dataunilaterally, and plans, both technical and business in nature, which are treated as confidential by the Corporation, as well as the goodwill and specialized knowledge acquired by the Executive during the course scope of the Executive's employment with the Corporation; (ii) that the provisions of Paragraphs 7, 8, 9 and 10 any provision of this Agreement are in consideration to ensure the enforceability of (a) employment with the Corporation, (b) employment for a fixed period of time, (c) eligibility to participate in the Corporation's benefit plans and enter into this extended Employment Agreement and any extended termination compensation agreement with the Corporation, (d) access to and use of confidential information, including but not limited to information, data, and plans, both technical and business in nature, such as customer lists and records, sales records and marketing plans, research and technical reports and records, formulas, processes, inventions, patent applications, designs and drawings, instructions and training manuals, business and financial information, salary information, contracts and other legal documents, and correspondence to which the Corporation has been a party, (e) access to and the Executive's development on behalf of the Corporation of near-permanent relationships with the Corporation's customers, and (f) additional good and valuable consideration as set forth ’s agreements in this Agreement; (iii) that the restrictions contained in Paragraphs 7, 8, 9 and 10 do not preclude the Executive from earning a livelihood, nor do they unreasonably impose limitations on the Executive's ability to earn a living, and that the potential harm to the Corporation of the non-enforcement of Paragraphs 7, 8, 9 and 10 outweighs any harm to the Executive of their enforcement by injunction or otherwise; and (iv) that the Executive has carefully read this Agreement, has given careful consideration to the restraints imposed upon the Executive by this Agreement and is in full accord as to their necessity for the reasonable and proper protection of the Corporation's near permanent customer relationships and confidential information, data and plans, and that each and every restraint imposed by this Agreement is reasonable with respect to subject matter, time period and geographical areaSection 10.

Acknowledgments by Executive. Executive hereby acknowledges that the terms of this Section 6, including the definitions of "Compete", "Telecommunications Industry" and "Prohibited Territory", and the two (2) year post employment term are reasonable, and are no broader than necessary to protect the Company's legitimate business interests. Executive specifically acknowledges and agrees and acknowledges that (i) that the Corporation he has a protectable interest in the informationreceived adequate and valuable consideration for entering into this noncompetition agreement, data, and plans, both technical and business in nature, which are treated as confidential by the Corporation, as well as the goodwill and specialized knowledge acquired by the Executive during the course of the Executive's employment with the Corporation; (ii) the Company is currently engaged in business in the Telecommunications Industry, and is either actively engaged in each aspect thereof set out in the definition set forth in Section 6(b) above, or it reasonably anticipates that it will be engaged in each such aspect or activity competitive with it, during the Employment Period, and that part of Executive's responsibilities as Chief Executive Officer of the Company and as Chairman of the Board of Directors of the Company are and will continue to be to explore and expand the Company into each aspect of the Telecommunications Industry where it can profitably do so, (iii) the nature of the Telecommunications Industry is such that the provisions range of Paragraphs 7business and competition is not necessarily contained within easily definable geographic territories, 8and that in many respects, 9 otherwise unrelated aspects of the Telecommunications Industry are competitive with each other (for example, cable television providers, telephone companies and 10 of this Agreement are in consideration of (a) employment ISPs all compete with the Corporationeach other to provide Internet access and services to consumers and businesses), (biv) employment for a fixed period the business of timeinvesting in and operating RLECs, (c) eligibility to participate in the Corporation's benefit plans and enter into this extended Employment Agreement and any extended termination compensation agreement with the CorporationILECs, (d) access to and use of confidential information, including but not limited to information, data, and plans, both technical and business in nature, such as customer lists and records, sales records and marketing plans, research and technical reports and records, formulas, processes, inventions, patent applications, designs and drawings, instructions and training manuals, business and financial information, salary information, contracts and other legal documents, and correspondence to which the Corporation has been a party, (e) access to and the Executive's development on behalf of the Corporation of near-permanent relationships with the Corporation's customersCLECs and/or ISPs is highly competitive, and (fv) additional good by reason of his responsibilities as Chief Executive Officer of the Company and valuable consideration as set forth Chairman of the Board of Directors of the Company, he will be intimately familiar with and engaged in this Agreement; (iii) that developing the restrictions contained in Paragraphs 7Company's business, 8, 9 financial and 10 do not preclude the Executive from earning a livelihood, nor do they unreasonably impose limitations on the Executive's ability to earn a livinggrowth plans and other Confidential Information, and that the potential harm to the Corporation if he engages in any of the non-enforcement of Paragraphs 7, 8, 9 and 10 outweighs any harm to the Executive of their enforcement by injunction or otherwise; and (iv) that the Executive has carefully read this Agreement, has given careful consideration to the restraints imposed upon the Executive activity prohibited by this Agreement and Section 6, it is in full accord as to their necessity for the reasonable and proper protection inevitable that he would use or disclose Confidential Information of the Corporation's near permanent customer relationships and confidential information, data and plans, and that each and every restraint imposed by this Agreement is reasonable with respect to subject matter, time period and geographical areaCompany.

Acknowledgments by Executive. The Executive hereby acknowledges that the terms of this Section 7, including the definitions of Compete, Communications Industry and Prohibited Territory, and the 2 year post employment term are reasonable, and are no broader than necessary to protect the Company’s legitimate business interests. The Executive specifically acknowledges and agrees and acknowledges that (i) that he has received adequate and valuable consideration for entering into this noncompetition agreement, (ii) the Corporation has a protectable interest Company is currently engaged in business in the information, dataCommunications Industry, and plansis either actively engaged in each aspect thereof set out in the definition set forth in Section 7(b) above, both technical and business or it reasonably anticipates that it will be engaged in nature, which are treated as confidential by the Corporation, as well as the goodwill and specialized knowledge acquired by the Executive each such aspect or activity during the course Employment Period, and that part of the Executive's employment with ’s responsibilities as Chairman and Chief Executive Officer of the Corporation; Company are and will continue to be to explore and expand the Company into each aspect of the Communications Industry where it can profitably do so, (iiiii) the nature of the Communications Industry is such that the provisions range of Paragraphs 7business and competition is not necessarily contained within easily definable geographic territories, 8and that, 9 in many respects, otherwise unrelated aspects of the Communications Industry are competitive with each other (for example, cable television providers, telephone companies, wireless providers and 10 of this Agreement are in consideration of (a) employment ISPs all compete with the Corporationeach other to provide Internet access and services to consumers and businesses), (biv) employment for a fixed period the business of timeinvesting in and operating RLECs, (c) eligibility to participate in the Corporation's benefit plans and enter into this extended Employment Agreement and any extended termination compensation agreement with the CorporationILECs, (d) access to and use of confidential information, including but not limited to information, data, and plans, both technical and business in nature, such as customer lists and records, sales records and marketing plans, research and technical reports and records, formulas, processes, inventions, patent applications, designs and drawings, instructions and training manuals, business and financial information, salary information, contracts and other legal documents, and correspondence to which the Corporation has been a party, (e) access to and the Executive's development on behalf of the Corporation of near-permanent relationships with the Corporation's customersCLECs and/or ISPs is highly competitive, and (fv) additional good by reason of his responsibilities as Chairman and valuable consideration as set forth Chief Executive Officer of the Company, he will be intimately familiar with and engaged in this Agreement; (iii) that developing the restrictions contained in Paragraphs 7Company’s business, 8financial, 9 strategic and 10 do not preclude the Executive from earning a livelihood, nor do they unreasonably impose limitations on the Executive's ability to earn a livinggrowth plans and other Confidential Information, and that the potential harm to the Corporation if he engages in any of the non-enforcement of Paragraphs activity prohibited by this Section 7, 8, 9 and 10 outweighs any harm to the Executive of their enforcement by injunction it is inevitable that he would use or otherwise; and (iv) that the Executive has carefully read this Agreement, has given careful consideration to the restraints imposed upon the Executive by this Agreement and is in full accord as to their necessity for the reasonable and proper protection disclose Confidential Information of the Corporation's near permanent customer relationships and confidential information, data and plans, and that each and every restraint imposed by this Agreement is reasonable with respect to subject matter, time period and geographical areaCompany.

Acknowledgments by Executive. Executive hereby acknowledges that the terms of this Section 6, including the definitions of Compete, Communications Industry and Prohibited Territory, and the three (3) year post employment term are reasonable, and are no broader than necessary to protect the Company’s legitimate business interests. Executive specifically acknowledges and agrees and acknowledges that (i) that the Corporation he has a protectable interest in the informationreceived adequate and valuable consideration for entering into this noncompetition agreement, data, and plans, both technical and business in nature, which are treated as confidential by the Corporation, as well as the goodwill and specialized knowledge acquired by the Executive during the course of the Executive's employment with the Corporation; (ii) the Company is currently engaged in business in the Communications Industry, and is either actively engaged in each aspect thereof set out in the definition set forth in Section 6(b) above, or it reasonably anticipates that it will be engaged in each such aspect or activity competitive with it, during the Employment Period, and that part of Executive’s responsibilities as Chief Executive Officer of the Company and as Chairman of the Board of Directors of the Company are and will continue to be to explore and expand the Company into each aspect of the Communications Industry where it can profitably do so, (iii) the nature of the Communications Industry is such that the provisions range of Paragraphs 7business and competition is not necessarily contained within easily definable geographic territories, 8and that, 9 in many respects, otherwise unrelated aspects of the Communications Industry are competitive with each other (for example, cable television providers, telephone companies and 10 of this Agreement are in consideration of (a) employment ISPs all compete with the Corporationeach other to provide Internet access and services to consumers and businesses), (biv) employment for a fixed period the business of timeinvesting in and operating RLECs, (c) eligibility to participate in the Corporation's benefit plans and enter into this extended Employment Agreement and any extended termination compensation agreement with the CorporationILECs, (d) access to and use of confidential information, including but not limited to information, data, and plans, both technical and business in nature, such as customer lists and records, sales records and marketing plans, research and technical reports and records, formulas, processes, inventions, patent applications, designs and drawings, instructions and training manuals, business and financial information, salary information, contracts and other legal documents, and correspondence to which the Corporation has been a party, (e) access to and the Executive's development on behalf of the Corporation of near-permanent relationships with the Corporation's customersCLECs and/or ISPs is highly competitive, and (fv) additional good by reason of his responsibilities as Chief Executive Officer of the Company and/or as Chairman of the Board of Directors of the Company, he will be intimately familiar with and valuable consideration as set forth engaged in this Agreement; (iii) that developing the restrictions contained in Paragraphs 7Company’s business, 8, 9 financial and 10 do not preclude the Executive from earning a livelihood, nor do they unreasonably impose limitations on the Executive's ability to earn a livinggrowth plans and other Confidential Information, and that the potential harm to the Corporation if he engages in any of the non-enforcement of Paragraphs 7, 8, 9 and 10 outweighs any harm to the Executive of their enforcement by injunction or otherwise; and (iv) that the Executive has carefully read this Agreement, has given careful consideration to the restraints imposed upon the Executive activity prohibited by this Agreement and Section 6, it is in full accord as to their necessity for the reasonable and proper protection inevitable that he would use or disclose Confidential Information of the Corporation's near permanent customer relationships and confidential information, data and plans, and that each and every restraint imposed by this Agreement is reasonable with respect to subject matter, time period and geographical areaCompany.

Acknowledgments by Executive. Executive hereby acknowledges that the terms of this Section 6, including the definitions of “Compete”, “Communications Industry” and “Prohibited Territory”, and the three (3) year post employment term are reasonable, and are no broader than necessary to protect the Company’s legitimate business interests. Executive specifically acknowledges and agrees and acknowledges that (i) that the Corporation he has a protectable interest in the informationreceived adequate and valuable consideration for entering into this noncompetition agreement, data, and plans, both technical and business in nature, which are treated as confidential by the Corporation, as well as the goodwill and specialized knowledge acquired by the Executive during the course of the Executive's employment with the Corporation; (ii) the Company is currently engaged in business in the Communications Industry, and is either actively engaged in each aspect thereof set out in the definition set forth in Section 6(b) above, or it reasonably anticipates that it will be engaged in each such aspect or activity competitive with it, during the Employment Period, and that part of Executive’s responsibilities as Chief Executive Officer of the Company and as Chairman of the Board of Directors of the Company are and will continue to be to explore and expand the Company into each aspect of the Communications Industry where it can profitably do so, (iii) the nature of the Communications Industry is such that the provisions range of Paragraphs 7business and competition is not necessarily contained within easily definable geographic territories, 8and that in many respects, 9 otherwise unrelated aspects of the Communications Industry are competitive with each other (for example, cable television providers, telephone companies and 10 of this Agreement are in consideration of (a) employment ISPs all compete with the Corporationeach other to provide Internet access and services to consumers and businesses), (biv) employment for a fixed period the business of timeinvesting in and operating RLECs, (c) eligibility to participate in the Corporation's benefit plans and enter into this extended Employment Agreement and any extended termination compensation agreement with the CorporationILECs, (d) access to and use of confidential information, including but not limited to information, data, and plans, both technical and business in nature, such as customer lists and records, sales records and marketing plans, research and technical reports and records, formulas, processes, inventions, patent applications, designs and drawings, instructions and training manuals, business and financial information, salary information, contracts and other legal documents, and correspondence to which the Corporation has been a party, (e) access to and the Executive's development on behalf of the Corporation of near-permanent relationships with the Corporation's customersCLECs and/or ISPs is highly competitive, and (fv) additional good by reason of his responsibilities as Chief Executive Officer of the Company and/or as Chairman of the Board of Directors of the Company, he will be intimately familiar with and valuable consideration as set forth engaged in this Agreement; (iii) that developing the restrictions contained in Paragraphs 7Company’s business, 8, 9 financial and 10 do not preclude the Executive from earning a livelihood, nor do they unreasonably impose limitations on the Executive's ability to earn a livinggrowth plans and other Confidential Information, and that the potential harm to the Corporation if he engages in any of the non-enforcement of Paragraphs 7, 8, 9 and 10 outweighs any harm to the Executive of their enforcement by injunction or otherwise; and (iv) that the Executive has carefully read this Agreement, has given careful consideration to the restraints imposed upon the Executive activity prohibited by this Agreement and Section 6, it is in full accord as to their necessity for the reasonable and proper protection inevitable that he would use or disclose Confidential Information of the Corporation's near permanent customer relationships and confidential information, data and plans, and that each and every restraint imposed by this Agreement is reasonable with respect to subject matter, time period and geographical areaCompany.