Common use of ACKNOWLEDGEMENT AND DECLARATION Clause in Contracts

ACKNOWLEDGEMENT AND DECLARATION. 15.1 The Officer acknowledges that any breach of the undertakings set out in sections 11, 12, 13 and 14 herein shall cause serious and irreparable harm to the Employer. Consequently, in the event of any such breach, the Officer acknowledges that the Employer may ask for an injunction in addition to any other proceedings for damages against the Officer, as the case may be. 15.2 The Officer acknowledges that the provisions of sections 11, 12, 13 and 14 are reasonable, in particular with regard to the duration, the territory as well as the targeted activities, and that these provisions are necessary to protect the Employer’s legitimate interests and that they are reasonable with regard to the nature of the Employer’s activities; the Officer acknowledges and agrees that these provisions are not intended to unduly restrict his ability to practice his profession or earn his living. 15.3 The Officer represents and warrants to the Employer that he is not bound by any confidentiality, non-compete or non-solicitation undertaking or by any other undertaking of any nature whatsoever, contracted toward any person, likely to limit the Officer’s ability or right to exercise each and every one of his functions on behalf of the Employer or likely to limit the Employer’s right or ability to use the Officer’s services as provided in this agreement.