Understanding of Covenants. The Executive represents that he/she (i) is familiar with the foregoing confidentiality, non-solicitation, non-competition and non-disparagement covenants, (ii) is fully aware of his/her obligations hereunder, (iii) agrees to the reasonableness of the length of time, scope and geographic coverage of the foregoing covenants, and (iv) agrees that such covenants are necessary to protect the Company’s confidential and proprietary information, good will, stable workforce, and customer relations. The Executive acknowledges and agrees that the covenants contained in this Agreement are reasonable in time, scope and in all other respects; that such covenants shall be construed as agreements independent of each other and of any provision of this or any other contract between the parties hereto; that should any part or provision of any covenant be held invalid, void or unenforceable in any court of competent jurisdiction, such invalidity, voidness or unenforceability shall not render invalid, void or unenforceable any other part or provision of this Agreement. If any portion of the foregoing provisions is found to be invalid or unenforceable by a court of competent jurisdiction because its duration, the territory, the definition of activities or the definition of information covered is considered to be invalid or unreasonable in scope, the invalid or unreasonable term shall be redefined, or a new enforceable term provided, such that the intent of the Company and the Executive in agreeing to the provisions of this Agreement will not be impaired and the provision in question shall be enforceable to the fullest extent of the applicable laws; 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.
Appears in 2 contracts
Sources: Executive Employment Agreement (Blue Gold LTD), Executive Employment Agreement (Blue Gold LTD)
Understanding of Covenants. The Executive represents that he/she he (ia) is familiar with the foregoing confidentiality, invention assignment, non-solicitation, non-competition and non-disparagement nondisparagement covenants, (iib) is fully aware of his/her his obligations hereunder, (iiic) agrees to the reasonableness of the length of time, scope and geographic coverage of the foregoing covenants, and (ivd) agrees that such covenants are necessary to protect the Company’s confidential Confidential Information and Trade Secrets, and the proprietary information, good will, stable workforce, and customer relationsrelations of the Company. The Executive acknowledges and agrees that the covenants contained in this Agreement are reasonable in time, scope and in all other respects; that such covenants shall be construed as agreements independent of each other and of any provision of this or any other contract between the parties hereto; that should any part or provision of any covenant be held invalid, void or unenforceable in any court of competent jurisdiction, such invalidity, voidness or unenforceability shall not render invalid, void or unenforceable any other part or provision of this Agreement. If any portion of the foregoing provisions is found to be invalid or unenforceable by a court of competent jurisdiction because its duration, the territory, the definition of activities or the definition of information covered is considered to be invalid or unreasonable in scope, the invalid or unreasonable term shall be redefined, or a new enforceable term provided, such that the intent of the Company and the Executive in agreeing to the provisions of this Agreement will not be impaired and the provision in question shall be enforceable to the fullest extent of the applicable laws; . Executive further acknowledges and agrees 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.
Appears in 2 contracts
Sources: Employment Agreement (Griffin Capital Essential Asset REIT, Inc.), Employment Agreement (Griffin Capital Essential Asset REIT, Inc.)
Understanding of Covenants. The Executive represents that he/she (ia) is familiar with the foregoing confidentiality, invention assignment, non-solicitation, non-competition and non-disparagement nondisparagement covenants, (iib) is fully aware of his/her his obligations hereunder, (iiic) agrees to the reasonableness of the length of time, scope and geographic coverage of the foregoing covenants, and (ivd) agrees that such covenants are necessary to protect the Company’s confidential Confidential Information and Trade Secrets, and the proprietary information, good will, stable workforce, and customer relationsrelations of the Company. The Executive acknowledges and agrees that the covenants contained in this Agreement are reasonable in time, scope and in all other respects; that such covenants shall be construed as agreements independent of each other and of any provision of this or any other contract between the parties hereto; that should any part or provision of any covenant be held invalid, void or unenforceable in any court of competent jurisdiction, such invalidity, voidness or unenforceability shall not render invalid, void or unenforceable any other part or provision of this Agreement. If any portion of the foregoing provisions is found to be invalid or unenforceable by a court of competent jurisdiction because its duration, the territory, the definition of activities or the definition of information covered is considered to be invalid or unreasonable in scope, the invalid or unreasonable term shall be redefined, or a new enforceable term provided, such that the intent of the Company and the Executive in agreeing to the provisions of this Agreement will not be impaired and the provision in question shall be enforceable to the fullest extent of the applicable laws; . Executive further acknowledges and agrees 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.. Company MJE Date 5/10/19 GCEAR MJE Date 5/10/19 GCEAR OP MJE Date 5/10/19 Executive NMS Date 5/10/19
Appears in 1 contract
Sources: Employment Agreement (Griffin Capital Essential Asset REIT, Inc.)
Understanding of Covenants. The Executive represents that he/she (ia) is familiar with the foregoing confidentiality, invention assignment, non-solicitation, non-competition and non-disparagement covenants, (iib) is fully aware of his/her obligations hereunder, (iiic) agrees to the reasonableness of the length of time, scope and geographic coverage of the foregoing covenants, and (ivd) agrees that such covenants are necessary to protect the Company’s confidential Confidential Information and Trade Secrets, and the proprietary information, good will, stable workforce, and customer relationsrelations of the Company. The Executive acknowledges and agrees that the covenants contained in this Agreement are reasonable in time, scope and in all other respects; that such covenants shall be construed as agreements independent of each other and of any provision of this or any other contract between the parties hereto; that should any part or provision of any covenant be held invalid, void or unenforceable in any court of competent jurisdiction, such invalidity, voidness or unenforceability shall not render invalid, void or unenforceable any other part or provision of this Agreement. If any portion of the foregoing provisions is found to be invalid or unenforceable by a court of competent jurisdiction because its duration, the territory, the definition of activities or the definition of information covered is considered to be invalid or unreasonable in scope, the invalid or unreasonable term shall be redefined, or a new enforceable term provided, such that the intent of the Company and the Executive in agreeing to the provisions of this Agreement will not be impaired and the provision in question shall be enforceable to the fullest extent of the applicable laws; . Executive further acknowledges and agrees 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.. Company /s/ ME Date 3/23/23 Executive /s/ NMS Date 3/23/23
Appears in 1 contract
Understanding of Covenants. The Executive represents that he/she he (ia) is familiar with the foregoing confidentiality, invention assignment, non-solicitation, non-competition and non-disparagement covenants, (iib) is fully aware of his/her his obligations hereunder, (iiic) agrees to the reasonableness of the length of time, scope and geographic coverage of the foregoing covenants, and (ivd) agrees that such covenants are necessary to protect the Company’s confidential Confidential Information and Trade Secrets, and the proprietary information, good will, stable workforce, and customer relationsrelations of the Company. The Executive acknowledges and agrees that the covenants contained in this Agreement are reasonable in time, scope and in all other respects; that such covenants shall be construed as agreements independent of each other and of any provision of this or any other contract between the parties hereto; that should any part or provision of any covenant be held invalid, void or unenforceable in any court of competent jurisdiction, such invalidity, voidness or unenforceability shall not render invalid, void or unenforceable any other part or provision of this Agreement. If any portion of the foregoing provisions is found to be invalid or unenforceable by a court of competent jurisdiction because its duration, the territory, the definition of activities or the definition of information covered is considered to be invalid or unreasonable in scope, the invalid or unreasonable term shall be redefined, or a new enforceable term provided, such that the intent of the Company and the Executive in agreeing to the provisions of this Agreement will not be impaired and the provision in question shall be enforceable to the fullest extent of the applicable laws; . Executive further acknowledges and agrees 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.. Company /s/ ME Date 3/23/23 Executive /s/ JB Date 3/23/23
Appears in 1 contract
Understanding of Covenants. The Executive represents that he/she he (i) is familiar with the foregoing confidentiality, invention assignment, non-solicitation, non-competition and non-disparagement nondisparagement covenants, (ii) is fully aware of his/her obligations hereunder, (iii) agrees to the reasonableness of the length of time, scope and geographic coverage of the foregoing covenants, and (iv) agrees that such covenants are necessary to protect the Company’s confidential and proprietary information, good will, stable workforce, and customer relations. The Executive acknowledges and agrees that the covenants contained in this Agreement are reasonable in time, scope and in all other respects; that such covenants shall be construed as agreements independent of each other and of any provision of this or any other contract between the parties hereto; that should any part or provision of any covenant be held invalid, void or unenforceable in any court of competent jurisdiction, such invalidity, voidness or unenforceability shall not render invalid, void or unenforceable any other part or provision of this Agreement. If any portion of the foregoing provisions is found to be invalid or unenforceable by a court of competent jurisdiction because its duration, the territory, the definition of activities or the definition of information covered is considered to be invalid or unreasonable in scope, the invalid or unreasonable term shall be redefined, or a new enforceable term provided, such that the intent of the Company and the Executive in agreeing to the provisions of this Agreement will not be impaired and the provision in question shall be enforceable to the fullest extent of the applicable laws; 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.
Appears in 1 contract
Understanding of Covenants. The Executive ▇▇▇▇▇ represents that he/she (i) is familiar with the foregoing confidentiality, non-solicitation, non-competition and non-disparagement covenantsCovenants, (ii) is fully aware of his/her obligations hereunder, (iii) agrees to the reasonableness of the length of time, time and scope and geographic coverage of the foregoing covenantsCovenants, and (iv) agrees that such covenants Covenants are necessary to protect the Company’s trade secrets, confidential and proprietary information, good willgoodwill, stable workforce, and customer relationsrelations of the Company. The Executive ▇▇▇▇▇ acknowledges and agrees that the covenants contained in this Agreement are reasonable in time, scope and in all other respects; that such covenants Covenants shall be construed as agreements independent of each other and of any provision of this or any other contract between the parties hereto; that should any part or provision of any covenant Covenant be held invalid, void or unenforceable in any court of competent jurisdiction, such invalidity, voidness or unenforceability shall not render invalid, void or unenforceable any other part or provision of this Agreement. If any portion of the foregoing provisions Covenants is found to be invalid or unenforceable by a court of competent jurisdiction because its duration, the territory, the definition of activities or the definition of information covered is considered to be invalid or unreasonable in scope, the invalid or unreasonable term shall be redefined, or a new enforceable term provided, such that the intent of the Company and the Executive ▇▇▇▇▇ in agreeing to the provisions of this Agreement Covenants will not be impaired and the provision in question shall be enforceable to the fullest extent of the applicable laws; . ▇▇▇▇▇ further acknowledges and agrees 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.Covenants. Initials of Parties: Company IL Date: ▇▇▇▇▇ MR Date:
Appears in 1 contract
Sources: Separation and Consulting Agreement (Kennedy-Wilson Holdings, Inc.)
Understanding of Covenants. The Executive represents that he/she he (i) is familiar with the foregoing confidentiality, invention assignment, non-solicitation, non-competition and non-disparagement nondisparagement covenants, (ii) is fully aware of his/her his obligations hereunder, (iii) agrees to the reasonableness of the length of time, scope and geographic coverage of the foregoing covenants, and (iv) agrees that such covenants are necessary to protect the Company’s confidential and proprietary information, good will, stable workforce, and customer relations. The Executive acknowledges and agrees that the covenants contained in this Agreement are reasonable in time, scope and in all other respects; that such covenants shall be construed as agreements independent of each other and of any provision of this or any other contract between the parties hereto; that should any part or provision of any covenant be held invalid, void or unenforceable in any court of competent jurisdiction, such invalidity, voidness or unenforceability shall not render invalid, void or unenforceable any other part or provision of this Agreement. If any portion of the foregoing provisions is found to be invalid or unenforceable by a court of competent jurisdiction because its duration, the territory, the definition of activities or the definition of information covered is considered to be invalid or unreasonable in scope, the invalid or unreasonable term shall be redefined, or a new enforceable term provided, such that the intent of the Company and the Executive in agreeing to the provisions of this Agreement will not be impaired and the provision in question shall be enforceable to the fullest extent of the applicable laws; 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.
Appears in 1 contract
Understanding of Covenants. The Executive represents that he/she he (ia) is familiar with the foregoing confidentiality, invention assignment, non-solicitation, non-competition and non-disparagement covenants, (iib) is fully aware of his/her his obligations hereunder, (iiic) agrees to the reasonableness of the length of time, scope and geographic coverage of the foregoing covenants, and (ivd) agrees that such covenants are necessary to protect the Company’s confidential Confidential Information and Trade Secrets, and the proprietary information, good will, stable workforce, and customer relationsrelations of the Company. The Executive acknowledges and agrees that the covenants contained in this Agreement are reasonable in time, scope and in all other respects; that such covenants shall be construed as agreements independent of each other and of any provision of this or any other contract between the parties hereto; that should any part or provision of any covenant be held invalid, void or unenforceable in any court of competent jurisdiction, such invalidity, voidness or unenforceability shall not render invalid, void or unenforceable any other part or provision of this Agreement. If any portion of the foregoing provisions is found to be invalid or unenforceable by a court of competent jurisdiction because its duration, the territory, the definition of activities or the definition of information covered is considered to be invalid or unreasonable in scope, the invalid or unreasonable term shall be redefined, or a new enforceable term provided, such that the intent of the Company and the Executive in agreeing to the provisions of this Agreement will not be impaired and the provision in question shall be enforceable to the fullest extent of the applicable laws; . Executive further acknowledges and agrees 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.. Company /s/ JB Date 3/23/23 Executive /s/ ME Date 3/23/23
Appears in 1 contract