Common use of ACKNOWLEDGMENTS BY THE EXECUTIVE Clause in Contracts

ACKNOWLEDGMENTS BY THE EXECUTIVE. The Executive acknowledges that (a) during the Employment Period and as a part of his employment, the Executive will be afforded access to Confidential Information; (b) public disclosure of such Confidential Information could have an adverse effect on the Employer and its business; (c) because the Executive possesses substantial technical expertise and skill with respect to the Employer's business, the Employer desires to obtain exclusive ownership of each Employee Invention, and the Employer will be at a substantial competitive disadvantage if it fails to acquire exclusive ownership of each Employee Invention; (d) the Buyer has required that the Executive make the covenants in this Section 7 as a condition to its purchase of the Employer's stock; and (e) the provisions of this Section 7 are reasonable and necessary to prevent the improper use or disclosure of Confidential Information and to provide the Employer with exclusive ownership of all Employee Inventions.

Appears in 5 contracts

Samples: Employment Agreement, Employment Agreement (Nationsrent Inc), Employment Agreement (Gunther International LTD)

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ACKNOWLEDGMENTS BY THE EXECUTIVE. The Executive acknowledges that (a) during the Employment Period and his prior employment period with the Employer and as a part of his employmentemployment with the Employer, the Executive was and will continue to be afforded access to Confidential Information; (b) public disclosure of such Confidential Information could have an adverse effect on the Employer and its business; (c) because the Executive possesses substantial technical expertise and skill with respect to the Employer's business, the Employer desires to obtain exclusive ownership of each Employee Executive Invention, and the Employer will be at a substantial competitive disadvantage if it fails to acquire exclusive ownership of each Employee Executive Invention; (d) the Buyer Employer has required that the Executive make the covenants in this Section 7 as a condition to its the stock purchase pursuant to the Stock Purchase Agreement and the continued employment of the Employer's stockExecutive under this Employment Agreement; and (e) the provisions of this Section 7 are reasonable and necessary to prevent the improper use or disclosure of Confidential Information and to provide the Employer with exclusive ownership of all Employee Executive Inventions.

Appears in 4 contracts

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

ACKNOWLEDGMENTS BY THE EXECUTIVE. The Executive acknowledges that (a) during the Employment Period and as a part of his employment, the Executive will be afforded access to Confidential Information; (b) public disclosure of such Confidential Information could have an adverse effect on the Employer and its business; (c) because the Executive possesses substantial technical expertise and skill with respect to the Employer's business, the Employer desires to obtain exclusive ownership of each Employee Invention, and the Employer will be at a substantial competitive disadvantage if it fails to acquire exclusive ownership of each Employee Invention; (d) the Buyer Employer has required that the Executive make the covenants in this Section 7 6 as a condition to its purchase of the Employer's stockemployment; and (e) the provisions of this Section 7 6 are reasonable and necessary to prevent the improper use or disclosure of Confidential Information and to provide the Employer with exclusive ownership of all Employee Inventions.

Appears in 4 contracts

Samples: Employment Agreement (Innovative Software Technologies Inc), Employment Agreement (Innovative Software Technologies Inc), Employment Agreement (Innovative Software Technologies Inc)

ACKNOWLEDGMENTS BY THE EXECUTIVE. The Executive acknowledges that (a) during the Employment Period and as a part of his employment, the Executive will be afforded access to Confidential Information; (b) public disclosure of such Confidential Information could have an adverse effect on the Employer and its business; (c) because the Executive possesses substantial technical expertise and skill with respect to the Employer's business, the Employer desires to obtain exclusive ownership of each Employee Invention, and the Employer will be at a substantial competitive disadvantage if it fails to acquire exclusive ownership of each Employee Invention; (d) the Buyer has required that the Executive make the covenants in this Section 7 as a condition to its purchase of the Employer's stockAssets; and (e) the provisions of this Section 7 are reasonable and necessary to prevent the improper use or disclosure of Confidential Information and to provide the Employer with exclusive ownership of all Employee Inventions.

Appears in 3 contracts

Samples: Employment Agreement (Dynamic Health Products Inc), Employment Agreement (Dynamic Health Products Inc), Employment Agreement (Dynamic Health Products Inc)

ACKNOWLEDGMENTS BY THE EXECUTIVE. The Executive acknowledges that (a) during the Employment Period and his prior employment period with the Employer's predecessor, the Company, and as a part of his employmentemployment with the Employer and its predecessor, the Company, the Executive was and will continue to be afforded access to Confidential Information; (b) public disclosure of such Confidential Information could have an adverse effect on the Employer and its business; (c) because the Executive possesses substantial technical expertise and skill with respect to the Employer's business, the Employer desires to obtain exclusive ownership of each Employee Executive Invention, and the Employer will be at a substantial competitive disadvantage if it fails to acquire exclusive ownership of each Employee Executive Invention; (d) the Buyer has Parent and Employer have each required that the Executive make the covenants in this Section 7 as a condition to its purchase of the Employer's stockmerger pursuant to the Merger Agreement; and (e) the provisions of this Section 7 are reasonable and necessary to prevent the improper use or disclosure of Confidential Information and to provide the Employer with exclusive ownership of all Employee Executive Inventions.

Appears in 3 contracts

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

ACKNOWLEDGMENTS BY THE EXECUTIVE. The Executive acknowledges that (a) during the Employment Period and as a part of his employment, the Executive will be afforded access to Confidential Information; (b) public disclosure of such Confidential Information could have an adverse effect on the Employer and its business; (c) because the Executive possesses substantial technical expertise and skill with respect to the Employer's business, the Employer desires to obtain exclusive ownership of each Employee Invention, and the Employer will be at a substantial competitive disadvantage if it fails to acquire exclusive ownership of each Employee Invention; (d) the Buyer Craftmade has required that the Executive make the covenants in this Section 7 Article VII as a condition to its purchase of the Employer's stockMerger; and (e) the provisions of this Section 7 Article VII are reasonable and necessary to prevent the improper use or disclosure of Confidential Information and to provide the Employer with exclusive ownership of all Employee Inventions.

Appears in 3 contracts

Samples: Employment Agreement (Craftmade International Inc), Employment Agreement (Craftmade International Inc), Employment Agreement (Craftmade International Inc)

ACKNOWLEDGMENTS BY THE EXECUTIVE. The Executive acknowledges that (a) during the Employment Period and her prior employment period with the Employer and as a part of his employmenther employment with the Employer, the Executive was and will continue to be afforded access to Confidential Information; (b) public disclosure of such Confidential Information could have an adverse effect on the Employer and its business; (c) because the Executive possesses substantial technical expertise and skill with respect to the Employer's business, the Employer desires to obtain exclusive ownership of each Employee Executive Invention, and the Employer will be at a substantial competitive disadvantage if it fails to acquire exclusive ownership of each Employee Executive Invention; (d) the Buyer Employer has required that the Executive make the covenants in this Section 7 as a condition to its the stock purchase pursuant to the Stock Purchase Agreement and the continued employment of the Employer's stockExecutive under this Employment Agreement; and (e) the provisions of this Section 7 are reasonable and necessary to prevent the improper use or disclosure of Confidential Information and to provide the Employer with exclusive ownership of all Employee Executive Inventions.

Appears in 2 contracts

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

ACKNOWLEDGMENTS BY THE EXECUTIVE. The Executive acknowledges that (a) during the Employment Period and as a part of his employment, the Executive will be afforded access to Confidential Information; (b) public disclosure of such Confidential Information could have an adverse effect on the Employer and its business; (c) because the Executive possesses substantial technical expertise and skill with respect to the Employer's business, the Employer desires to obtain exclusive ownership of each Employee Invention, and the Employer will be at a substantial competitive disadvantage if it fails to acquire exclusive ownership of each Employee Invention; (d) the Buyer has required that the Executive make the covenants in this Section 7 as a condition to its purchase of the Employer's stockAcquired Business; and (e) the provisions of this Section 7 are reasonable and necessary to prevent the improper use or disclosure of Confidential Information and to provide the Employer with exclusive ownership of all Employee Inventions.

Appears in 2 contracts

Samples: Employment Agreement (Eagle Supply Group Inc), Employment Agreement (Eagle Supply Group Inc)

ACKNOWLEDGMENTS BY THE EXECUTIVE. The Executive acknowledges that (a) during the Employment Period and as a part of his employment, the Executive will be afforded access to Confidential Information; (b) public disclosure of such Confidential Information could have an adverse effect on the Employer and its business; (c) because the Executive possesses substantial technical expertise and skill with respect to the Employer's ’s business, the Employer desires to obtain exclusive ownership of each Employee Invention, and the Employer will be at a substantial competitive disadvantage if it fails to acquire exclusive ownership of each Employee Invention; (d) the Buyer Employer has required that the Executive make the covenants in this Section 7 6 as a condition to its purchase of the Employer's stockemployment; and (e) the provisions of this Section 7 6 are reasonable and necessary to prevent the improper use or disclosure of Confidential Information and to provide the Employer with exclusive ownership of all Employee Inventions.

Appears in 2 contracts

Samples: Employment Agreement (Znergy, Inc.), Employment Agreement (Znergy, Inc.)

ACKNOWLEDGMENTS BY THE EXECUTIVE. The Executive acknowledges that (a) during the Employment Period and as a part of his employment, the Executive will be afforded access to Confidential Information; (b) public disclosure of such Confidential Information could have an adverse effect on the Employer and its business; (c) because 4 Initials _________ _________ Executive Employer the Executive possesses substantial technical expertise and skill with respect to the Employer's business, the Employer desires to obtain exclusive ownership of each Employee Invention, and the Employer will be at a substantial competitive disadvantage if it fails to acquire exclusive ownership of each Employee Invention; (d) the Buyer Employer has required that the Executive make the covenants in this Section 7 6 as a condition to its purchase of the Employer's stockemployment; and (e) the provisions of this Section 7 6 are reasonable and necessary to prevent the improper use or disclosure of Confidential Information and to provide the Employer with exclusive ownership of all Employee Inventions.

Appears in 2 contracts

Samples: Employment Agreement (Innovative Software Technologies Inc), Employment Agreement (Innovative Software Technologies Inc)

ACKNOWLEDGMENTS BY THE EXECUTIVE. The Executive acknowledges that (a) during the Employment Period and as a part of his employment, the Executive will be afforded access to Confidential Information; (b) public disclosure of such Confidential Information could have an adverse effect on the Employer and its business; (c) because the Executive possesses substantial technical expertise and skill with respect to the Employer's business, the Employer desires to obtain exclusive ownership of each Employee Invention, and the Employer will be at a substantial competitive disadvantage if it fails to acquire exclusive ownership of each Employee Invention; (d) the Buyer Employer has required that the Executive make the covenants in this Section 7 as a condition to its purchase of the Employer's stockentering into this Agreement; and (e) the provisions of this Section 7 are reasonable and necessary to prevent the improper use or disclosure of Confidential Information and to provide the Employer with exclusive ownership of all Employee Inventions.

Appears in 2 contracts

Samples: Employment Agreement (Firstcity Financial Corp), Employment Agreement (Firstcity Financial Corp)

ACKNOWLEDGMENTS BY THE EXECUTIVE. The Executive acknowledges that (a) during the Employment Period and as a part of his employment, the Executive will be afforded access to Confidential Information; (b) public disclosure of such Confidential Information could have an adverse effect on the Employer and its business; (c) because the Executive possesses substantial technical expertise and skill with respect to the Employer's business, the Employer desires to obtain exclusive ownership of each Employee Invention, and the Employer will be at a substantial competitive disadvantage if it fails to acquire exclusive ownership of each Employee Invention; (d) the Buyer Employer has required that the Executive make the covenants in this Section 7 6 as a condition to its purchase of the Employer's stockemployment; and (e) the provisions of this Section 7 6 are reasonable and necessary to prevent the improper use or disclosure of Confidential Information and to provide the Employer with exclusive ownership of all Employee Inventions.. Initials _________ _________ Executive Employer

Appears in 2 contracts

Samples: Employment Agreement (Innovative Software Technologies Inc), Employment Agreement (Znergy, Inc.)

ACKNOWLEDGMENTS BY THE EXECUTIVE. The Executive acknowledges that (ai) during the Employment Period and as a part of his employment, the Executive will be afforded access to Confidential Information; (bii) public disclosure of such Confidential Information could have an adverse effect on the Employer or an Affiliate and its or their business; (ciii) because since the Executive possesses substantial technical expertise and skill with respect to the Employer's ’s business, the Employer desires to obtain exclusive ownership of each Employee Invention, and the Employer will be at a substantial competitive disadvantage if it fails to acquire exclusive ownership of each Employee Invention; (div) the Buyer has required that Compensation provided to Executive hereunder constitutes good and sufficient additional consideration for the Executive make the Executive’s agreements and covenants in this Section 7 as a condition to its purchase of the Employer's stock7; and (ev) the provisions of this Section 7 are reasonable and necessary to prevent the improper use or disclosure of Confidential Information and to provide the Employer with exclusive ownership of all Employee Inventions.

Appears in 1 contract

Samples: Employment Agreement (New Horizons Worldwide Inc)

ACKNOWLEDGMENTS BY THE EXECUTIVE. The Executive acknowledges that (ai) during the Employment Period and as a part of his employment, the Executive will be afforded access to Confidential Information; (bii) public disclosure of such Confidential Information could have an adverse effect on the Employer or an Affiliate and its or their business; (ciii) because since the Executive possesses substantial technical expertise and skill with respect to the Employer's ’s business, the Employer desires to obtain exclusive ownership of each Employee Invention, and the Employer will be at a substantial competitive disadvantage if it fails to acquire exclusive ownership of each Employee Invention; and (div) the Buyer has required that Compensation provided to Executive hereunder constitutes good and sufficient additional consideration for the Executive make the Executive’s agreements and covenants in this Section 7 as a condition to its purchase of the Employer's stock7; and (ev) the provisions of this Section 7 are reasonable and necessary to prevent the improper use or disclosure of Confidential Information and to provide the Employer with exclusive ownership of all Employee Inventions.

Appears in 1 contract

Samples: Employment Agreement (New Horizons Worldwide Inc)

ACKNOWLEDGMENTS BY THE EXECUTIVE. The Executive acknowledges that (aA) during the Employment Period and as a part of his employment, the Executive will be afforded access to Confidential Information; (bB) public disclosure of such Confidential Information could have an adverse effect on the Employer and its business; (cC) because the Executive possesses substantial technical expertise and skill with respect to the Employer's business, the Employer desires to obtain exclusive ownership of each Employee Invention, and the Employer will be at a substantial competitive disadvantage if it fails to acquire exclusive ownership of each Employee Invention; (dD) the Buyer Employer has required that the Executive make the covenants in this Section 7 as a condition to its purchase of the Employer's stockentering into this Agreement; and (eE) the provisions of this Section 7 are reasonable and necessary to prevent the improper use or disclosure of Confidential Information and to provide the Employer with exclusive ownership of all Employee Inventions.

Appears in 1 contract

Samples: Employment Agreement (Firstcity Financial Corp)

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ACKNOWLEDGMENTS BY THE EXECUTIVE. The Executive acknowledges that (a) during the Employment Period and as a part of his employment, the Executive will be afforded access to Confidential Information; (b) public disclosure of such Confidential Information could have an adverse effect on the Employer and its business; (c) because the Executive possesses substantial technical expertise and skill with respect to the Employer's business, the Employer desires to obtain exclusive ownership of each Employee Invention, and the Employer will be at a substantial competitive disadvantage if it fails to acquire exclusive ownership of each Employee Invention; (d) the Buyer has required that the Executive make the covenants in this Section 7 as a condition to its purchase of the Employer's stockAcquired Business; and (e) the provisions of this Section 7 are reasonable and necessary to prevent the improper use or disclosure of Confidential Information and to provide the Employer with exclusive ownership of all Employee Inventions.

Appears in 1 contract

Samples: Employment Agreement (Eagle Supply Group Inc)

ACKNOWLEDGMENTS BY THE EXECUTIVE. The Executive acknowledges that (a) during the Employment Period and as a part of his employment, the Executive will be afforded access to Confidential Information; (b) public disclosure of such Confidential Information could have an adverse effect on the Employer and its business; (c) because the Executive possesses substantial technical expertise and skill with respect to the Employer's business, the Employer desires to obtain exclusive ownership of each Employee Invention, and the Employer will be at a substantial competitive disadvantage if it fails to acquire exclusive ownership of each Employee Invention; (d) the Buyer FirstCity has required that the Executive make the covenants in this Section 7 as a condition to its purchase of the Employer's stockstock of HFGI; and (e) the provisions of this Section 7 are reasonable and necessary to prevent the improper use or disclosure of Confidential Information and to provide the Employer with exclusive ownership of all Employee Inventions.

Appears in 1 contract

Samples: Employment Agreement (Firstcity Financial Corp)

ACKNOWLEDGMENTS BY THE EXECUTIVE. The Executive acknowledges that (a) during the Employment Period and as a part of his employment, the Executive will be afforded access to Confidential Information; (b) public disclosure of such Confidential Information could have an adverse effect on the Employer and its business; (c) because the Executive possesses substantial technical expertise and skill with respect to the Employer's business, the Employer desires to obtain exclusive ownership of each Employee Invention, and the Employer will be at a substantial competitive disadvantage if it fails to acquire exclusive ownership of each Employee Invention; (d) the Buyer Employer has required that the Executive make the covenants in this Section 7 as a condition to its purchase of the Employer's ’s stock; and (e) the provisions of this Section 7 are reasonable and necessary to prevent the improper use or disclosure of Confidential Information and to provide the Employer with exclusive ownership of all Employee Inventions.

Appears in 1 contract

Samples: Employment Agreement (Bekem Metals Inc)

ACKNOWLEDGMENTS BY THE EXECUTIVE. The Executive acknowledges that (a) during the Employment Period and as a part of his employment, the Executive will be afforded access to Confidential Information; (b) public disclosure of such Confidential Information could have an adverse effect on the Employer and its business; (c) because since the Executive possesses substantial technical expertise and skill with respect to the Employer's ’s business, the Employer desires to obtain exclusive ownership of each Employee Invention, and the Employer will be at a substantial competitive disadvantage if it fails to acquire exclusive ownership of each Employee Invention; (d) the Buyer has required that Compensation provided to Executive hereunder, together with the consideration provided to the Executive make under the Related Agreements, constitute good and sufficient consideration for the Executive’s agreements and covenants in this Section 7 as a condition to its purchase of the Employer's stock7; and (e) the provisions of this Section 7 are reasonable and necessary to prevent the improper use or disclosure of Confidential Information and to provide the Employer with exclusive ownership of all Employee Inventions.. 7.2

Appears in 1 contract

Samples: Employment Agreement (Patrick Industries Inc)

ACKNOWLEDGMENTS BY THE EXECUTIVE. The Executive acknowledges that (a) during the Employment Period and as a part of his employment, the Executive will be afforded access to Confidential Information; (b) public disclosure of such Confidential Information could have an adverse effect on the Employer and its business; (c) because since the Executive possesses substantial technical expertise and skill with respect to the Employer's ’s business, the Employer desires to obtain exclusive ownership of each Employee Invention, and the Employer will be at a substantial competitive disadvantage if it fails to acquire exclusive ownership of each Employee Invention; (d) the Buyer has required that Compensation provided to Executive hereunder, together with the consideration provided to the Executive make under the Related Agreements, constitute good and sufficient consideration for the Executive’s agreements and covenants in this Section 7 as a condition to its purchase of the Employer's stock7; and (e) the provisions of this Section 7 are reasonable and necessary to prevent the improper use or disclosure of Confidential Information and to provide the Employer with exclusive ownership of all Employee Inventions.

Appears in 1 contract

Samples: Employment Agreement (Patrick Industries Inc)

ACKNOWLEDGMENTS BY THE EXECUTIVE. The Executive acknowledges that (a) during the Employment Period and as a part of his employment, the Executive will be afforded access to Confidential Information; (b) public disclosure of such Confidential Information could have an adverse effect on the Employer and its business; (c) because the Executive possesses substantial technical expertise and skill with respect to the Employer's business, the Employer desires to obtain exclusive ownership of each Employee Invention, and the Employer will be at a substantial competitive disadvantage if it fails to acquire exclusive ownership of each Employee Invention; (d) FirstCity and the Buyer has Employer have required that the Executive make the covenants in this Section 7 as a condition to its purchase of entering into the Employer's stockOperating Agreement; and (e) the provisions of this Section 7 are reasonable and necessary to prevent the improper use or disclosure of Confidential Information and to provide the Employer with exclusive ownership of all Employee Inventions.

Appears in 1 contract

Samples: Employment Agreement (Firstcity Financial Corp)

ACKNOWLEDGMENTS BY THE EXECUTIVE. The Executive acknowledges that (a) during the Employment Period and as a part of his employment, the Executive will be afforded access to Confidential Information; (b) public disclosure of such Confidential Information could have an adverse effect on the Employer and its business; (c) because the Executive possesses substantial technical expertise and skill with respect to the Employer's business, the Employer desires to obtain exclusive ownership of each Employee Invention, and the Employer will be at a substantial competitive disadvantage if it fails to acquire exclusive ownership of each Employee Invention; (d) the Buyer has required that the Executive make the covenants in this Section 7 6 as a condition to its purchase of the Employer's stockAssets; and (e) the provisions of this Section 7 6 are reasonable and necessary to prevent the improper use or disclosure of Confidential Information and to provide the Employer with exclusive ownership of all Employee Inventions.

Appears in 1 contract

Samples: Employment Agreement (Dynamic Health Products Inc)

ACKNOWLEDGMENTS BY THE EXECUTIVE. The Executive acknowledges that (a) during the Employment Period and as a part of his employment, the Executive will be afforded access to Confidential Information; (b) public disclosure of such Confidential Information could have an adverse effect on the Employer and its business; (c) because the Executive possesses substantial technical expertise and skill with respect to the Employer's business, the Employer desires to obtain exclusive ownership of each Employee Invention, and the Employer will be at a substantial competitive disadvantage if it fails to acquire exclusive ownership of each Employee Invention; (d) the Buyer Employer has required that the Executive make the covenants in this Section 7 as a condition to its purchase of the Employer's stockAcquired Business; and (e) the provisions of this Section 7 are reasonable and necessary to prevent the improper use or disclosure of Confidential Information and to provide the Employer with exclusive ownership of all Employee Inventions.

Appears in 1 contract

Samples: Employment Agreement (Eagle Supply Group Inc)

ACKNOWLEDGMENTS BY THE EXECUTIVE. The Executive acknowledges that (a) during the Employment Period and as a part of his employment, the Executive will be afforded access to Confidential Information; (b) public disclosure of such Confidential Information could have an adverse effect on the Employer and its business; (c) because the Executive possesses substantial technical expertise and skill with respect to the Employer's ’s business, the Employer desires to obtain exclusive ownership of each Employee Invention, and the Employer will be at a substantial competitive disadvantage if it fails to acquire exclusive ownership of each Employee Invention; (d) the Buyer Employer has required that the Executive make the covenants in this Section 7 as a condition to its purchase of the Employer's ’s stock; and (e) the provisions of this Section 7 are reasonable and necessary to prevent the improper use or disclosure of Confidential Information and to provide the Employer with exclusive ownership of all Employee Inventions.

Appears in 1 contract

Samples: Employment Agreement (Bekem Metals Inc)

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