Reasonableness of Restrictions. (a) Employee expressly acknowledges that he has carefully read and considered the provisions of Paragraphs 6, 7, 8 and 9, and, having done so, agrees that the restrictions set forth in these Paragraphs, including, but not limited to, the time periods and geographic areas of restriction are fair and reasonable and are reasonably required for the protection of the interests of the Company and its officers, directors, shareholders and other employees. (b) In the event that, notwithstanding the foregoing, any of the provisions of ▇▇▇▇▇▇▇▇▇▇ ▇, ▇, ▇ ▇▇▇ ▇ ▇▇▇▇▇ ▇▇ held to be invalid or unenforceable, the remaining provisions thereof shall nevertheless continue to be valid and enforceable as though the invalid or unenforceable parts had not been included therein. In the event that any provision of Paragraphs 6, 7, 8 and 9 relating to the time period and/or the areas of restriction and/or related aspects shall be declared by a court of competent jurisdiction to exceed the maximum restrictiveness such court deems reasonable and enforceable, the time period and/or areas of restriction and/or related aspects deemed reasonable and enforceable by the court shall become and thereafter be the maximum restriction in such regard, and the restriction shall remain enforceable to the fullest extent deemed reasonable by such court.
Appears in 19 contracts
Sources: Employment Agreement (Syntroleum Corp), Employment Agreement (Syntroleum Corp), Employment Agreement (Syntroleum Corp)
Reasonableness of Restrictions. (a) The Employee expressly acknowledges that he has carefully read and considered the provisions of Paragraphs 6, 7, Sections 8 and 9, and, having done so, agrees that the restrictions set forth in these Paragraphssaid Sections, including, but not limited to, the time periods period of restriction and geographic geographical areas of restriction are fair and reasonable and are reasonably required for the protection of the interests of the Company and its parent or subsidiary corporations, officers, directors, shareholders shareholders, and other employees.
(b) In the event that, notwithstanding the foregoing, any of the provisions of ▇▇▇▇▇▇▇▇▇▇ ▇, ▇, ▇ ▇▇▇ ▇ ▇▇▇▇▇ ▇▇ Sections 8 and 9 shall be held to be invalid or unenforceable, the remaining provisions thereof shall nevertheless continue to be valid and enforceable as though the invalid or unenforceable parts had not been included therein. In the event that any provision of Paragraphs 6, 7, Sections 8 and or 9 relating to the time period and/or the areas of restriction and/or related aspects shall be declared by a court of competent jurisdiction to exceed the maximum restrictiveness such court deems reasonable and enforceable, the time period and/or areas of restriction and/or related aspects deemed reasonable and enforceable by the court shall become and thereafter be the maximum restriction in such regard, and the restriction shall remain enforceable to the fullest extent deemed reasonable by such court.
Appears in 11 contracts
Sources: Employment Agreement (Medplus Inc /Oh/), Employment Agreement (Medplus Inc /Oh/), Employment Agreement (Medplus Inc /Oh/)
Reasonableness of Restrictions. (a) Employee expressly acknowledges that he The Executive has carefully read and considered the provisions of Paragraphs 6, this Section 7, 8 and 9, and, having done so, agrees (a) that the restrictions set forth herein are reasonable, in these Paragraphsterms of scope, includingduration, but not limited togeographic area, the time periods and geographic areas of restriction are fair and reasonable and are reasonably required for otherwise, (b) that the protection afforded to the Company hereunder is necessary to protect its legitimate business interests, (c) that the agreement to observe such restrictions form a material part of the interests of consideration for this Agreement and the Executive's employment by the Company and its officers(d) that upon the termination of the Executive’s employment with the Company for any reason, directors, shareholders and other employees.
(b) he will be able to earn a livelihood without violating the foregoing restrictions. In the event that, notwithstanding the foregoing, any of the provisions of ▇▇▇▇▇▇▇▇▇▇ ▇, ▇, ▇ ▇▇▇ ▇ ▇▇▇▇▇ ▇▇ this Section 7 shall be held to be invalid or unenforceable, the remaining provisions thereof shall nevertheless continue to be valid and enforceable as though the invalid or unenforceable parts had not been included therein. In the event that any provision of Paragraphs 6, 7, 8 and 9 this Section relating to the time period and/or the areas of restriction and/or related aspects shall be declared by a court of competent jurisdiction to exceed the maximum restrictiveness such court deems reasonable and enforceable, the time period and/or areas of restriction and/or related aspects deemed reasonable and enforceable by the court shall become and thereafter be the maximum restriction in such regard, and the restriction shall remain enforceable to the fullest extent deemed reasonable by such court.
Appears in 4 contracts
Sources: Executive Employment Agreement (Fortress America Acquisition CORP), Executive Employment Agreement (Fortress International Group, Inc.), Executive Employment Agreement (Fortress America Acquisition CORP)
Reasonableness of Restrictions. (a) Employee expressly acknowledges that he a. Executive has carefully read and considered the provisions of Paragraphs Section 6, 7, 8 and 9, and, having done so, agrees that the that:
(i) The restrictions set forth in these ParagraphsSection 6, including, including but not limited to, to the time periods period, scope and geographic areas geographical area of restriction restriction, are fair and reasonable and are reasonably required for the protection of the good will and other legitimate business interests of the Company Corporation and its affiliates, officers, directors, shareholders shareholders, and other employees;
(ii) Executive has received, or is entitled to receive pursuant to the provisions of this Agreement, adequate consideration for such obligations; and
(iii) Such obligations do not prevent Executive from earning a livelihood.
(b) In the event thatb. If, notwithstanding the foregoing, any of the provisions of ▇▇▇▇▇▇▇▇▇▇ ▇, ▇, ▇ ▇▇▇ ▇ ▇▇▇▇▇ ▇▇ Section 6 shall be held to be invalid or unenforceable, the remaining provisions thereof shall nevertheless continue to be valid and enforceable as though the invalid or and unenforceable parts had not been included therein. In the event that If any provision of Paragraphs 6, 7, 8 and 9 Section 6 relating to the time period and/or the areas of restriction and/or related aspects shall be declared by a court of competent jurisdiction to exceed the maximum restrictiveness such court deems reasonable and enforceable, the time period and/or areas of restriction and/or related aspects deemed reasonable and enforceable by the court shall become and thereafter be the maximum restriction in such regard, and the restriction shall remain enforceable to the fullest extent deemed reasonable by such court.
Appears in 3 contracts
Sources: Employment Agreement (Genaissance Pharmaceuticals Inc), Employment Agreement (Genaissance Pharmaceuticals Inc), Employment Agreement (Genaissance Pharmaceuticals Inc)
Reasonableness of Restrictions. (a) Employee expressly acknowledges that he The Executive has carefully read and considered the provisions of Paragraphs 6, this Section 7, 8 and 9, and, having done so, agrees (a) that the restrictions set forth herein are reasonable, in these Paragraphsterms of scope, includingduration, but not limited togeographic area, the time periods and geographic areas of restriction are fair and reasonable and are reasonably required for otherwise, (b) that the protection afforded to the Company hereunder is necessary to protect its legitimate business interests, (c) that the agreement to observe such restrictions form a material part of the interests of consideration for this Agreement and the Executive’s employment by the Company and its officers(d) that upon the termination of the Executive’s employment with the Company for any reason, directors, shareholders and other employees.
(b) he will be able to earn a livelihood without violating the foregoing restrictions. In the event that, notwithstanding the foregoing, any of the provisions of ▇▇▇▇▇▇▇▇▇▇ ▇, ▇, ▇ ▇▇▇ ▇ ▇▇▇▇▇ ▇▇ this Section 7 shall be held to be invalid or unenforceable, the remaining provisions thereof shall nevertheless continue to be valid and enforceable as though the invalid or unenforceable parts had not been included therein. In the event that any provision of Paragraphs 6, 7, 8 and 9 this Section 7 relating to the time period and/or the areas of restriction and/or related aspects shall be declared by a court of competent jurisdiction to exceed the maximum restrictiveness such court deems reasonable and enforceable, the time period and/or areas of restriction and/or related aspects deemed reasonable and enforceable by the court shall become and thereafter be the maximum restriction in such regard, and the restriction shall remain enforceable to the fullest extent deemed reasonable by such court. The Restrictive Period shall be computed by excluding from such computation any time during which the Executive is in violation of any provision of this Section 7.
Appears in 3 contracts
Sources: Executive Employment Agreement (TSS, Inc.), Executive Employment Agreement (TSS, Inc.), Executive Employment Agreement (TSS, Inc.)
Reasonableness of Restrictions. (a) The Employee expressly acknowledges that he has carefully read and considered the provisions of Paragraphs 6, Sections 6 and 7, 8 and 9, and, having done so, agrees that the restrictions set forth in these Paragraphssections, including, but not limited to, the time periods period of restriction and geographic geographical areas of restriction are fair and reasonable and are reasonably required for the protection of the interests of the Company and its parent or subsidiary companies, officers, directors, shareholders and other employeesEmployees.
(b) In the event that, notwithstanding the foregoing, any of the provisions of ▇▇▇▇▇▇▇▇▇▇ ▇, ▇, ▇ ▇▇▇ ▇ ▇▇▇▇▇ ▇▇ Sections 6 and 7 shall be held to be invalid or unenforceable, the remaining provisions thereof shall nevertheless continue to be valid and enforceable as though the invalid or unenforceable parts had not been included therein. In the event that any provision of Paragraphs 6, 7, 8 and 9 Sections 6 or 7 relating to the time period and/or the areas of restriction and/or related aspects shall be declared by a court of competent jurisdiction to exceed the maximum restrictiveness such court deems reasonable and enforceable, the time period and/or areas of restriction and/or related aspects deemed reasonable and enforceable by the court shall become and thereafter be the maximum restriction in such regard, and the restriction shall remain enforceable to the fullest extent deemed reasonable by such court.
Appears in 3 contracts
Sources: Employment Agreement (DG FastChannel, Inc), Employment Agreement (DG FastChannel, Inc), Employment Agreement (DG FastChannel, Inc)
Reasonableness of Restrictions. (a) Employee expressly acknowledges that he has carefully read and considered the provisions of Paragraphs Sections 5, 6, 7, 8 and 98, and, having done so, agrees that the restrictions set forth in these ParagraphsSections, including, but not limited to, the time periods and geographic areas of restriction are fair and reasonable and are reasonably required for the protection of the interests of the Company and its officers, directors, shareholders and other employees.
(b) In the event that, notwithstanding the foregoing, any of the provisions of ▇▇▇S▇▇▇▇▇▇▇ ▇, ▇, ▇ ▇, ▇▇▇ ▇ ▇▇▇▇▇ ▇▇ held to be invalid or unenforceable, the remaining provisions thereof shall nevertheless continue to be valid and enforceable as though the invalid or unenforceable parts had not been included therein. In the event that any provision of Paragraphs Sections 5, 6, 7, 7 and 8 and 9 relating to the time period and/or the areas of restriction and/or related aspects shall be declared by a court of competent jurisdiction to exceed the maximum restrictiveness such court deems reasonable and enforceable, the time period and/or areas of restriction and/or related aspects deemed reasonable and enforceable by the court shall become and thereafter be the maximum restriction in such regard, and the restriction shall remain enforceable to the fullest extent deemed reasonable by such court.
Appears in 1 contract
Reasonableness of Restrictions. (a) Employee expressly acknowledges that he has carefully read and considered the provisions of Paragraphs 6, 7, 8 and 9, and, having done so, agrees that the restrictions set forth in these Paragraphs, including, but not limited to, the time periods and geographic areas of restriction are fair and reasonable and are reasonably required for the protection of the interests of the Company and its officers, directors, shareholders and other employees.
(b) In the event that, notwithstanding the foregoing, any of the provisions of Paragraphs 6, 7, 8 and 9 shall be held to be invalid or unenforceabl▇, ▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ ▇, ▇, ▇ ▇▇▇ ▇ ▇▇▇▇▇ ▇▇ held to be invalid or unenforceable, the remaining provisions thereof of shall nevertheless continue to be valid and enforceable as though the invalid or unenforceable parts had not been included therein. In the event that any provision of Paragraphs 6, 7, 8 and 9 relating to the time period and/or the areas of restriction and/or related aspects shall be declared by a court of competent jurisdiction to exceed the maximum restrictiveness such court deems reasonable and enforceable, the time period and/or areas of restriction and/or related aspects deemed reasonable and enforceable by the court shall become and thereafter be the maximum restriction in such regard, and the restriction shall remain enforceable to the fullest extent deemed reasonable by such court.
Appears in 1 contract
Reasonableness of Restrictions. (a) Employee expressly acknowledges that he has carefully read and considered the provisions of Paragraphs 6, 7, 8 and 9, and, having done so, agrees that the restrictions set forth in these Paragraphs, including, but not limited to, the time periods and geographic areas of restriction are fair and reasonable and are reasonably required for the protection of the interests of the Company and its officers, directors, shareholders and other employees.. Syntroleum - Employment Agreement -------------------------------------------------------------------------------- CONFIDENTIAL
(b) In the event that, notwithstanding the foregoing, any of the provisions of ▇▇▇▇▇▇▇▇▇▇ ▇, ▇, ▇ ▇▇▇ ▇ ▇▇▇▇▇ ▇▇ held to be invalid or unenforceable, the remaining provisions thereof shall nevertheless continue to be valid and enforceable as though the invalid or unenforceable parts had not been included therein. In the event that any provision of Paragraphs 6, 7, 8 and 9 relating to the time period and/or the areas of restriction and/or related aspects shall be declared by a court of competent jurisdiction to exceed the maximum restrictiveness such court deems reasonable and enforceable, the time period and/or areas of restriction and/or related aspects deemed reasonable and enforceable by the court shall become and thereafter be the maximum restriction in such regard, and the restriction shall remain enforceable to the fullest extent deemed reasonable by such court.
Appears in 1 contract
Reasonableness of Restrictions. (a) Employee expressly acknowledges that he has carefully read and considered the provisions of Paragraphs 5, 6, 7, 8 and 98, and, having done so, agrees that the restrictions set forth in these Paragraphs, including, but not limited to, the time periods and geographic areas of restriction are fair and reasonable and are reasonably required for the protection of the interests of the Company and its officers, directors, shareholders and other employees.
(b) In the event that, notwithstanding the foregoing, any of the provisions of ▇▇▇▇▇▇▇▇▇▇ ▇, ▇, ▇ ▇, ▇▇▇ ▇ ▇▇▇▇▇ ▇▇ held to be invalid or unenforceable, the remaining provisions thereof shall nevertheless continue to be valid and enforceable as though the invalid or unenforceable parts had not been included therein. In the event that any provision of Paragraphs 5, 6, 7, 7 and 8 and 9 relating to the time period and/or the areas of restriction and/or related aspects shall be declared by a court of competent jurisdiction to exceed the maximum restrictiveness such court deems reasonable and enforceable, the time period and/or areas of restriction and/or related aspects deemed reasonable and enforceable by the court shall become and thereafter be the maximum restriction in such regard, and the restriction shall remain enforceable to the fullest extent deemed reasonable by such court.
Appears in 1 contract
Reasonableness of Restrictions. (a) Employee expressly acknowledges that he M▇. ▇▇▇▇▇▇ has carefully read and considered the provisions of Paragraphs 6, 7, 8 and 9this Section 3, and, having done so, agrees (a) that the restrictions set forth in these Paragraphsthis Section 3 are reasonable, includingin terms of scope, but not limited toduration, the time periods geographic area, and geographic areas of restriction are fair and reasonable and are reasonably required for otherwise, (b) that the protection of the interests of afforded to the Company and its officersSubsidiaries under this Section 3 is necessary to protect their legitimate business interests, directors, shareholders and other employees.
(bc) In the event that, notwithstanding the foregoing, any of the provisions of M▇▇▇▇. ▇▇▇▇▇▇ ▇will be able to earn a livelihood without violating the restrictions contained in this Section 3. Notwithstanding the foregoing, ▇, ▇ ▇▇▇ ▇ ▇▇▇▇▇ ▇▇ if any of the provisions of this Section 3 shall be held to be invalid or unenforceable, the remaining provisions thereof of this Section 3 shall nevertheless continue to be valid and enforceable as though the invalid or unenforceable parts had not been included thereinin this Section 3. In the event that If any provision of Paragraphs 6, 7, 8 and 9 this Section 3 relating to the time period and/or the areas of restriction and/or related aspects shall be declared by a court of competent jurisdiction to exceed the maximum restrictiveness such court deems reasonable and enforceable, the time period and/or areas of restriction and/or related aspects deemed reasonable and enforceable by the court shall become and thereafter be the maximum restriction in such regard, and the restriction shall remain enforceable to the fullest extent deemed reasonable by such court.
Appears in 1 contract
Sources: Resignation Agreement (Fortress International Group, Inc.)