Common use of Acknowledgment by Executive Clause in Contracts

Acknowledgment by Executive. The Executive acknowledges and confirms that (a) the restrictive covenants contained in this Article 6 are reasonable and necessary to protect the legitimate business interests of the Company, and (b) the restrictions contained in this Article 6 (including without limitation the length of the term of the provisions of this Article 6) are not overbroad, overlong, or unfair and are not the result of overreaching, duress or coercion of any kind. The Executive further acknowledges and confirms that the Executive's full, uninhibited and faithful observance of each of the covenants contained in this Article 6 will not cause the Executive any undue hardship, financial or otherwise, and that enforcement of each of the covenants contained herein will not impair the Executive's ability to obtain employment commensurate with the Executive's abilities and on terms fully acceptable to the Executive or otherwise to obtain income required for the comfortable support of the Executive and the Executive's family and the satisfaction of the needs of the Executive's creditors. The Executive acknowledges and confirms that the Executive's special knowledge of the business of the Company is such as would cause the Company serious injury or loss if the Executive were to use such ability and knowledge to the benefit of a competitor or were to compete with the Company in violation of the terms of this Article 6. The Executive further acknowledges that the restrictions contained in this Article 6 are intended to be, and shall be, for the benefit of and shall be enforceable by, the Company and its successors and assigns, including, without limitation, any successor to the Company, whether by merger, consolidation, sale of stock, sale of assets or otherwise.

Appears in 10 contracts

Samples: Employment Agreement (Netcreations Inc), Employment Agreement (Netcreations Inc), Employment Agreement (Netcreations Inc)

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Acknowledgment by Executive. The Executive acknowledges and confirms that (ai) the restrictive covenants contained in this Article Section 6 are reasonable and reasonably necessary to protect the legitimate business interests interest of Employer including the Confidential Information of the CompanyCompany and the goodwill it has developed with its customers and targeted prospective clients, and (bii) the restrictions contained in this Article Section 6 (including without limitation the length of the term of the provisions of this Article Section 6) are not overbroad, overlongover long, or unfair and are not the result of overreaching, duress or coercion of any kind. The Executive further acknowledges and confirms that the Executive's full, uninhibited and faithful observance of each of the covenants contained in this Article Section 6 will not cause the Executive any undue hardship, financial financial, or otherwise, and that enforcement of each of the covenants contained herein will not impair the Executive's ability to obtain employment commensurate with the Executive's abilities and on terms fully acceptable to the Executive or otherwise to obtain income required for the comfortable support of the Executive self and the Executive's family and the satisfaction of the needs of the Executive's creditors. The Executive acknowledges and confirms that the Executive's special knowledge of the business of the Company is such as would cause the Company Employer serious injury or loss if the Executive were was to use such ability and knowledge to the benefit of a competitor or were to compete with the Company in violation of the terms of this Article Section 6. The Executive further acknowledges that the restrictions contained in this Article Section 6 are intended to be, and shall be, for the benefit of and shall be enforceable by, the Company and its Employer's successors and assigns, including, without limitation, any successor to the Company, whether by merger, consolidation, sale of stock, sale of assets or otherwise.

Appears in 7 contracts

Samples: Employment Agreement (Water Pik Technologies Inc), Employment Agreement (Water Pik Technologies Inc), Employment Agreement (Water Pik Technologies Inc)

Acknowledgment by Executive. The Executive acknowledges and confirms that (a) the restrictive covenants contained in this Article 6 are reasonable and necessary to protect the legitimate business interests of the Company, and (b) the restrictions contained in this Article 6 (including without limitation the length of the term of the provisions of this Article 6) Section 6 and the geographical restrictions contained in Section 6.1 are not overbroad, overlong, or unfair fair and are reasonable and not the result of overreaching, duress or coercion of any kind. The Executive further acknowledges and confirms that the Executive's his full, uninhibited and faithful observance of each of the covenants contained in this Article Section 6 will not cause the Executive him any undue hardship, financial or otherwise, and that enforcement of each of the covenants contained herein will not impair the Executive's his ability to obtain employment commensurate with the Executive's his abilities and on terms fully acceptable to the Executive him or otherwise to obtain income required for the comfortable support of the Executive him and the Executive's his family and the satisfaction of the needs of the Executive's his creditors. The Executive acknowledges and confirms that the Executive's his special knowledge of the business of the Company is such as would cause the Company serious injury or loss if the Executive he were to use such ability and knowledge to the benefit of a competitor or were to compete with the Company in violation of the terms of this Article Section 6. The Executive further acknowledges and confirms that the restrictions contained Confidential Information, the substantial relationships with Company's specific prospective and existing customers and suppliers: (i) are valuable, special, and a unique asset of Company; (ii) have provided and will hereafter provide Company with a substantial competitive advantage in the operation of its business; and (iii) are a legitimate business interest of Company. Company and Executive also agree that the existence of these legitimate business interests justifies the need for the restrictive covenants set forth in this Article 6 are intended to beSection, and shall be, for the benefit of and shall be enforceable by, the Company and its successors and assigns, including, without limitation, any successor restrictive covenants are reasonably necessary to the protect Company, whether by merger, consolidation, sale of stock, sale of assets or otherwise's legitimate business interests.

Appears in 2 contracts

Samples: Employment Agreement (Automotive One Parts Stores Inc), Employment Agreement (Automotive One Parts Stores Inc)

Acknowledgment by Executive. The Executive acknowledges and confirms confirms, and in exchange for other consideration provided to the Executive herein, that (a) the restrictive covenants contained in this Article 6 are reasonable and reasonably necessary to protect the legitimate business interests of the Company, and (b) the restrictions contained in this Article 6 (including without limitation the length of the term of the provisions of this Article 6) are not overbroad, overlong, or unfair and are not the result of overreaching, duress duress, or coercion of any kind. The Executive further acknowledges and confirms that the Executive's ’s full, uninhibited uninhibited, and faithful observance of each of the covenants contained in this Article 6 will not cause the Executive any undue hardship, financial or otherwise, and that enforcement of each of the covenants contained herein will not impair the Executive's ’s ability to obtain employment commensurate with the Executive's ’s abilities and on terms fully acceptable to the Executive or otherwise to obtain /s/ DC /s/ AS /s/ RLH income required for the comfortable support of the Executive and the Executive's ’s family and the satisfaction of the needs of the Executive's ’s creditors. The Executive acknowledges and confirms that the Executive's ’s special knowledge of the business of the Company is such as would cause the Company serious injury or loss if the Executive were to use such ability and knowledge to the benefit of a competitor or were to compete with the Company in violation of the terms of this Article 6Agreement. The Executive further acknowledges and confirms that the restrictions contained in this Article 6 are intended to be, and shall be, for the benefit of of, and shall be enforceable by, the Company and its Company’s successors and assigns, including, without limitation, any successor to the Company, whether by merger, consolidation, sale of stock, sale of assets or otherwise.

Appears in 1 contract

Samples: Employment Agreement (Fresh Tracks Therapeutics, Inc.)

Acknowledgment by Executive. The Executive acknowledges ------------------------------ and confirms that the restrictive covenants contained in this Article 6 are reasonably necessary to protect the legitimate business interests of the Company. (a) the restrictive covenants contained in this Article 6 are reasonable and reasonably necessary to protect the legitimate business interests of the Company, and (b) the restrictions contained in this Article 6 (including without limitation the length of the term of the provisions of this Article 6) are 6)are not overbroad, overlong, or unfair and are not the result of overreaching, duress or coercion of any kind. The Executive further acknowledges and confirms that the Executive's his full, uninhibited and faithful observance of each of the covenants contained in this Article 6 will not cause the Executive him any undue hardship, financial or otherwise, and that enforcement of each of the covenants contained herein will not impair the Executive's his ability to obtain employment commensurate with the Executive's his abilities and on terms fully acceptable to the Executive him or otherwise to obtain income required for the comfortable support of the Executive him and the Executive's his family and the satisfaction of the needs of the Executive's creditors. The his creditors.-The Executive acknowledges and confirms that the Executive's his special knowledge of the business of the Company is such as would cause the Company serious injury or loss if the Executive he were to use such ability and knowledge to the benefit of a competitor or were to compete with the Company in violation of the terms of this Article 6. The Executive further acknowledges that the restrictions contained in this Article 6 are intended to be, and shall be, for the benefit of and shall be enforceable by, the Company and its Company's successors and assigns, including, without limitation, any successor to the Company, whether by merger, consolidation, sale of stock, sale of assets or otherwise.

Appears in 1 contract

Samples: Employment Agreement (Charys Holding Co Inc)

Acknowledgment by Executive. The Executive acknowledges and confirms confirms, and in exchange for other consideration provided to the Executive herein, that (a) the restrictive covenants contained in this Article 6 are reasonable and reasonably necessary to protect the legitimate business interests of the Company, and (b) the restrictions contained in this Article 6 (including without limitation the length of the term of the provisions of this Article 6) are not overbroad, overlong, or unfair and are not the result of overreaching, duress duress, or coercion of any kind. The Executive further acknowledges and confirms that the Executive's ’s full, uninhibited uninhibited, and faithful observance of each of the covenants contained in this Article 6 will not cause the Executive any undue hardship, financial or otherwise, and that enforcement of each of the covenants contained herein will not impair the Executive's ’s ability to obtain employment commensurate with the Executive's ’s abilities and on terms fully acceptable to the Executive or otherwise to obtain income required for the comfortable support of the Executive and the Executive's ’s family and the satisfaction of the needs of the Executive's ’s creditors. The Executive acknowledges and confirms that the Executive's ’s special knowledge of the business of the Company is such as would cause the Company serious injury or loss if the Executive were to use such ability and knowledge to the benefit of a competitor or were to compete with the Company in violation of the terms of this Article 6Agreement. The Executive further acknowledges and confirms that the restrictions contained in this Article 6 are intended to be, and shall be, for the benefit of of, and shall be enforceable by, the Company and its Company’s successors and assigns, including, without limitation, any successor to the Company, whether by merger, consolidation, sale of stock, sale of assets or otherwise.. /s/ AS /s/ RLH /s/ DRM

Appears in 1 contract

Samples: Employment Agreement (Fresh Tracks Therapeutics, Inc.)

Acknowledgment by Executive. The Executive acknowledges and confirms confirms, and in exchange for other consideration provided to the Executive herein, that (a) the restrictive covenants contained in this Article 6 are reasonable and reasonably necessary to protect the legitimate business interests of the Company, and (b) the restrictions contained in this Article 6 (including without limitation the length of the term of the provisions of this Article 6) are not overbroad, overlong, or unfair and are not the result of overreaching, duress duress, or coercion of any kind. The Executive further acknowledges and confirms that the Executive's ’s full, uninhibited uninhibited, and faithful observance of each of the covenants contained in this Article 6 will not cause the Executive any undue hardship, financial or otherwise, and that enforcement of each of the covenants contained herein will not impair the Executive's ’s ability to obtain employment commensurate with the Executive's ’s abilities and on terms fully acceptable to the Executive or otherwise to obtain income required for the comfortable support of the Executive and the Executive's ’s family and the satisfaction of the needs of the Executive's ’s creditors. The Executive acknowledges and confirms that the Executive's ’s special knowledge of the business of the Company is such as would cause the Company serious injury or loss if the Executive were to use such ability and knowledge to the benefit of a competitor or were to compete with the Company in violation of the terms of this Article 6Agreement. The Executive further acknowledges and confirms that the restrictions contained in this Article 6 are intended to be, and shall be, for the benefit of of, and shall be enforceable by, the Company and its Company’s successors and assigns, including, without limitation, any successor to the Company, whether by merger, consolidation, sale of stock, sale of assets or otherwise.

Appears in 1 contract

Samples: Employment Agreement (Fresh Tracks Therapeutics, Inc.)

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Acknowledgment by Executive. The Executive acknowledges and confirms that (a) the restrictive covenants contained in this Article 6 7 are reasonable and reasonably necessary to protect the legitimate business interests of the Company, and (b) the restrictions contained in this Article 6 7 (including without limitation the length of the term of the provisions of this Article 67) are not overbroad, overlong, or unfair and are not the result of overreaching, duress or coercion of any kind. The Executive further acknowledges and confirms that the Executive's his full, uninhibited and faithful observance of each of the covenants contained in this Article 6 7 will not cause the Executive him any undue hardship, financial or otherwise, and that enforcement of each of the covenants contained herein will not impair the Executive's his ability to obtain employment commensurate with the Executive's his abilities and on terms fully acceptable to the Executive him or otherwise to obtain income required for the comfortable support of the Executive him and the Executive's his family and the satisfaction of the needs of the Executive's his creditors. The Executive acknowledges and confirms that the Executive's his special knowledge of the business of the Company is such as would cause the Company serious injury or loss if the Executive he were to use such ability and knowledge to the benefit of a competitor or were to compete with the Company in violation of the terms of this Article 67. The Executive further acknowledges that the restrictions contained in this Article 6 7 are intended to be, and shall be, for the benefit of and shall be enforceable by, the Company and its Company’s successors and assigns, including, without limitation, . The existence of any successor to claim of the Executive against the Company, whether by merger, consolidation, sale of stock, sale of assets based on this Agreement or otherwise, shall not constitute a defense to the enforcement by the Company of the Article 7 covenants. The Executive acknowledges that the Company’s willingness to provide the Executive with initial or continued employment is sufficient consideration for all of the following covenants.

Appears in 1 contract

Samples: Employment Agreement (Forefront Holdings, Inc.)

Acknowledgment by Executive. The Executive acknowledges and confirms that (a) the restrictive covenants contained in this Article 6 are reasonable and necessary to protect the legitimate business interests of the Company, and (b) the restrictions contained in this Article 6 (including without limitation the length of the term of the provisions of this Article 6) are not overbroad, overlong, or unfair and are not the result of overreaching, duress or coercion of any kind. The Executive further acknowledges and confirms that the Executive's full, uninhibited and faithful observance of each of the covenants contained in this Article 6 will not cause the Executive any undue hardship, financial or otherwise, and that enforcement of each of the covenants contained herein will not impair the Executive's ability to obtain employment commensurate with the Executive's abilities and on terms fully acceptable to the Executive or otherwise to obtain income required for the comfortable support of the Executive and the Executive's family and the satisfaction fulfillment of the needs of Executive's obligations to the Executive's creditors. The Executive acknowledges and confirms that the Executive's special knowledge of the business of the Company is such as would cause the Company serious injury or loss if the Executive were to use such ability and knowledge to the benefit of a competitor or were to compete with the Company in violation of the terms of this Article 6. The Executive further acknowledges that the restrictions contained in this Article 6 are intended to be, and shall be, for the benefit of and shall be enforceable by, the Company and its successors and assigns, including, without limitation, any successor to the Company, whether by merger, consolidation, sale of stock, sale of assets or otherwise.

Appears in 1 contract

Samples: Employment Agreement (Netcreations Inc)

Acknowledgment by Executive. The Executive acknowledges and confirms that (a) the restrictive covenants contained in this Article 6 are reasonable and reasonably necessary to protect the legitimate business interests of the Company, and (b) the restrictions contained in this Article 6 (including without limitation the length of the term of the provisions of this Article 6) are not overbroad, overlong, or unfair and are not the result of overreaching, duress or coercion of any kind, and (c) the restrictive covenants contained in this Article 6 were critical to the Company's decision to pay the Executive the Additional Compensation. The Executive further acknowledges and confirms that the Executive's his full, uninhibited and faithful observance of each of the covenants contained in this Article 6 will not cause the Executive him any undue hardship, financial or otherwise, and that enforcement of each of the covenants contained herein will not impair the Executive's his ability to obtain employment commensurate with the Executive's his abilities and on terms fully acceptable to the Executive him or otherwise to obtain income required for the comfortable support of the Executive him and the Executive's his family and the satisfaction of the needs of the Executive's his creditors. The Executive acknowledges and confirms that the Executive's his special knowledge of the business of the Company is such as would cause the Company serious injury or loss if the Executive he were to use such ability and knowledge to the benefit of a competitor or were to compete with the Company in violation of the terms of this Article 6. The Executive further acknowledges that the restrictions contained in this Article 6 are intended to be, and shall be, for the benefit of and shall be enforceable by, the Company and its Company's successors and assigns, including, without limitation, any successor to the Company, whether by merger, consolidation, sale of stock, sale of assets or otherwise.

Appears in 1 contract

Samples: Employment Agreement (Claires Stores Inc)

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