Common use of Enforceability of Covenants Clause in Contracts

Enforceability of Covenants. You acknowledge that the Company has a current and future expectation of business from the current and proposed customers of the Company. You acknowledge that the term and scope of the covenants set forth herein are reasonable, and you agree that you will not, in any proceeding, assert the unreasonableness of the premises, consideration or scope of the covenants set forth herein. You and the Company agree that if any portion of the foregoing covenants is deemed to be unenforceable because any of the restrictions contained in this Award Agreement are deemed too broad, the court shall be authorized to provide partial enforcement of such covenants, substitute an enforceable term or otherwise modify the Award Agreement in a manner that will enable the enforcement of the covenants to the maximum extent possible under applicable law. You agree that any breach of these covenants will result in irreparable damage and injury to the Company and that the Company will be entitled to injunctive relief without the necessity of posting any bond. You also agree that you shall be responsible for all damages incurred by the Company due to any breach of the restrictive covenants contained in this Award Agreement and that the Company shall be entitled to have you pay all costs and attorneys’ fees incurred by the Company in enforcing the restrictive covenants in this Award Agreement.

Appears in 38 contracts

Samples: Equity Incentive Plan (Invesco Ltd.), Equity Incentive Plan (Invesco Ltd.), Restricted Stock Unit Award Agreement (Invesco Ltd.)

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Enforceability of Covenants. You acknowledge Executive acknowledges that the Company has a current present and future expectation of business within the geographic areas served by the Company and from the current present and proposed customers of the Company. You acknowledge that Executive acknowledges the term reasonableness of the term, geographic area and scope of the covenants set forth herein are reasonablein this Agreement, and you agree agrees that you he will not, in any action, suit or other proceeding, deny the reasonableness of, or assert the unreasonableness of of, the premises, consideration or scope of the covenants set forth herein. You Executive further acknowledges that complying with the provisions contained in this Agreement will not preclude him from engaging in a lawful profession, trade or business, or from becoming gainfully employed. Executive and the Company agree that if Executive's obligations under the above covenant are separate and distinct under this Agreement, and the failure or alleged failure of Company to perform its obligations under any portion other provisions of the foregoing covenants is deemed to be unenforceable because any of the restrictions contained in this Award Agreement are deemed too broad, the court shall be authorized to provide partial enforcement of such covenants, substitute an enforceable term or otherwise modify the Award Agreement in not constitute a manner that will enable the enforcement of the covenants defense to the maximum extent possible under applicable lawenforceability of this covenant. You agree Executive agrees that any breach of these covenants this covenant will result in irreparable damage and injury to the Company and that the Company will be entitled to injunctive relief in any court of competent jurisdiction without the necessity of posting any bond. You Executive also agree agrees that you he shall be responsible for all damages incurred by the Company due to any breach of the restrictive covenants contained in this Award Agreement and that the Company shall be entitled to have you Executive pay all costs and attorneys' fees incurred by the Company in enforcing the restrictive covenants in this Award Agreement.

Appears in 6 contracts

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

Enforceability of Covenants. You acknowledge that the Company Invesco has a current and future expectation of business from the current and proposed customers of the CompanyInvesco. You acknowledge that the term and scope of the covenants set forth herein are reasonable, and you agree that you will not, in any proceeding, assert the unreasonableness of the premises, consideration or scope of the covenants set forth herein. You and the Company Grantor agree that if any portion of the foregoing covenants is deemed to be unenforceable because any of the restrictions contained in this Award RFU Agreement are deemed too broad, the court shall be authorized to provide partial enforcement of such covenants, substitute an enforceable term or otherwise modify the Award this RFU Agreement in a manner that will enable the enforcement of the covenants to the maximum extent possible under applicable law. You agree that any breach of these covenants will result in irreparable damage and injury to the Company Invesco and that the Company Invesco will be entitled to injunctive relief without the necessity of posting any bond. You also agree that you shall be responsible for all damages incurred by the Company Invesco due to any breach of the restrictive covenants contained in this Award RFU Agreement and that Invesco and/or the Company Grantor shall be entitled to have you pay all costs and attorneys’ fees incurred by Invesco and the Company Grantor in enforcing the restrictive covenants in this Award RFU Agreement.

Appears in 3 contracts

Samples: Award Agreement (Invesco Ltd.), Award Agreement (Invesco Ltd.), Deferred Incentive Plan (Invesco Ltd.)

Enforceability of Covenants. You acknowledge Employee acknowledges that the Company has a current present and future expectation of business within the geographic areas served by the Company and from the current present and proposed customers of the Company. You acknowledge that Employee acknowledges the term reasonableness of the term, geographic area and scope of the covenants set forth herein are reasonablein this Agreement, and you agree agrees that you he will not, in any action, suit or other proceeding, deny the reasonableness of, or assert the unreasonableness of of, the premises, consideration or scope of the covenants set forth herein. You Employee further acknowledges that complying with the provisions contained in this Agreement will not preclude him from engaging in a lawful profession, trade or business, or from becoming gainfully employed. Employee and the Company agree that if Employee's obligations under the above covenant are separate and distinct under this Agreement, and the failure or alleged failure of Company to perform its obligations under any portion other provisions of the foregoing covenants is deemed to be unenforceable because any of the restrictions contained in this Award Agreement are deemed too broad, the court shall be authorized to provide partial enforcement of such covenants, substitute an enforceable term or otherwise modify the Award Agreement in not constitute a manner that will enable the enforcement of the covenants defense to the maximum extent possible under applicable lawenforceability of this covenant. You agree Employee agrees that any breach of these covenants this covenant will result in irreparable damage and injury to the Company and that the Company will be entitled to injunctive relief in any court of competent jurisdiction without the necessity of posting any bond. You Employee also agree agrees that you he shall be responsible for all damages incurred by the Company due to any breach of the restrictive covenants contained in this Award Agreement and that the Company shall be entitled to have you Employee pay all costs and attorneys' fees incurred by the Company in enforcing the restrictive covenants in this Award Agreement.

Appears in 3 contracts

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

Enforceability of Covenants. You acknowledge that the Company has a current and future expectation of business from the current and proposed customers of the Company. You acknowledge that the term and scope of the covenants set forth herein are reasonable, and you agree that you will not, in any proceeding, assert the unreasonableness of the premises, consideration or scope of the covenants set forth herein. You and the Company agree that if any portion of the foregoing covenants is deemed to be unenforceable because any of the restrictions contained in this Award Agreement are deemed too broad, the court shall be authorized to provide partial enforcement of such covenants, substitute an enforceable term or otherwise modify the Award Agreement in a manner that will enable the enforcement of the covenants to the maximum extent possible under applicable law. You agree that any breach of these covenants will result in irreparable damage and injury to the Company and that the Company will be entitled to injunctive relief without the necessity of posting any bond. You also agree that you shall be responsible for all damages incurred by the Company due to any breach of the restrictive covenants contained in this Award Agreement and that the Company shall be entitled to have you pay all costs and attorneys’ fees incurred by the Company in enforcing the restrictive covenants in this Award Agreement.

Appears in 3 contracts

Samples: Equity Incentive Plan (Invesco Ltd.), Equity Incentive Plan (Invesco Ltd.), Global Equity Incentive Plan (Invesco Ltd.)

Enforceability of Covenants. You acknowledge that the Company has a current present and future expectation of business from and with the current Customers and proposed customers of the CompanySuppliers. You acknowledge that the term reasonableness of the term, geographical territory, and scope of the covenants set forth herein are reasonablein this Section 8, and you agree that you will not, in any action, suit or other proceeding, deny the reasonableness of, or assert the unreasonableness of of, the premises, consideration or scope of the covenants set forth hereinherein and you hereby waive any such defense. You and further acknowledge that complying with the Company agree that if any portion of the foregoing covenants is deemed to be unenforceable because any of the restrictions provisions contained in this Award Agreement are deemed too broad, the court shall be authorized to provide partial enforcement of such covenants, substitute an enforceable term or otherwise modify the Award Agreement will not preclude you from engaging in a manner lawful profession, trade or business, or from becoming gainfully employed. You agree that will enable your covenants under this Section 8 are separate and distinct obligations under this Agreement, and the enforcement failure or alleged failure of the covenants Company or the Board to perform obligations under any other provisions of this Agreement shall not constitute a defense to the maximum extent possible enforceability of your covenants and obligations under applicable lawthis Section 8. You agree that any breach of these covenants any covenant under this Section 8 will result in irreparable damage and injury to the Company and that in addition to any damages or other relief to which the Company may otherwise be entitled at law, the Company will be entitled to injunctive relief in any court of competent jurisdiction without the necessity of posting any bond. You also agree that you shall be responsible for all damages incurred by If the Company due shall institute any action or proceeding to enforce any breach of covenant under this Section 8, you hereby waive the restrictive covenants contained in this Award Agreement and claim or defense that the Company shall be entitled has an adequate remedy at law and agrees not to have you pay all costs and attorneys’ fees incurred by assert in any such action or proceeding the claim or defense that the Company in enforcing the restrictive covenants in this Award Agreementhas an adequate remedy at law.

Appears in 1 contract

Samples: Employment Agreement (Sabre Corp)

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Enforceability of Covenants. You acknowledge Executive acknowledges that the Company has a current present and future expectation of business within the geographic areas served by the Company and from the current present and proposed customers of the Company. You acknowledge that Executive acknowledges the term reasonableness of the term, geographic area and scope of the covenants set forth herein are reasonablein this Agreement, and you agree agrees that you he will not, in any action, suit or other proceeding, deny the reasonableness of, or assert the unreasonableness of of, the premises, consideration or scope of the covenants set forth herein. You Executive further acknowledges that complying with the provisions contained in this Agreement will not preclude him from engaging in a lawful profession, trade or business, or from becoming gainfully employed. Executive and the Company agree that if Executive’s obligations under the above covenant are separate and distinct under this Agreement, and the failure or alleged failure of Company to perform its obligations under any portion other provisions of the foregoing covenants is deemed to be unenforceable because any of the restrictions contained in this Award Agreement are deemed too broad, the court shall be authorized to provide partial enforcement of such covenants, substitute an enforceable term or otherwise modify the Award Agreement in not constitute a manner that will enable the enforcement of the covenants defense to the maximum extent possible under applicable lawenforceability of this covenant. You agree Executive agrees that any breach of these covenants this covenant will result in irreparable damage and injury to the Company and that the Company will be entitled to injunctive relief in any court of competent jurisdiction without the necessity of posting any bond. You Executive also agree agrees that you he shall be responsible for all damages incurred by the Company due to any breach of the restrictive covenants contained in this Award Agreement and that the Company shall be entitled to have you Executive pay all costs and attorneys’ fees incurred by the Company in enforcing the restrictive covenants in this Award Agreement.

Appears in 1 contract

Samples: Employment Agreement (Indus International Inc)

Enforceability of Covenants. You acknowledge that the Manager and the Company has have a current and future expectation of business from the current and proposed customers of the Manager and the Company. You acknowledge that the term and scope of the covenants set forth herein are reasonable, and you agree that you will not, in any proceeding, assert the unreasonableness of the premises, consideration or scope of the covenants set forth herein. You and the Company agree that if any portion of the foregoing covenants is deemed to be unenforceable because any of the restrictions contained in this Award Agreement are deemed too broad, the court shall be authorized to provide partial enforcement of such covenants, substitute an enforceable term or otherwise modify the Award Agreement in a manner that will enable the enforcement of the covenants to the maximum extent possible under applicable law. You agree that any breach of these covenants will result in irreparable damage and injury to the Manager and the Company and that the Manager and the Company will be entitled to injunctive relief without the necessity of posting any bond. You also agree that you shall be responsible for all damages incurred by the Manager and the Company due to any breach of the restrictive covenants contained in this Award Agreement and that the Manager and the Company shall be entitled to have you pay all costs and attorneys’ fees incurred by the Manager and the Company in enforcing the restrictive covenants in this Award Agreement.

Appears in 1 contract

Samples: Award Agreement (Invesco Mortgage Capital Inc.)

Enforceability of Covenants. You acknowledge that the Company Invesco has a current and future expectation of business from the current and proposed customers of the CompanyInvesco. You acknowledge that the term and scope of the covenants set forth herein are reasonable, and you agree that you will not, in any proceeding, assert the unreasonableness of the premises, consideration or scope of the covenants set forth herein. You and the Company Grantor agree that if any portion of the foregoing covenants is deemed to be unenforceable because any of the restrictions contained in this Award Time-Vested RFU Agreement are deemed too broad, the court shall be authorized to provide partial enforcement of such covenants, substitute an enforceable term or otherwise modify the Award this Time-Vested RFU Agreement in a manner that will enable the enforcement of the covenants to the maximum extent possible under applicable law. You agree that any breach of these covenants will result in irreparable damage and injury to the Company Invesco and that the Company Invesco will be entitled to injunctive relief without the necessity of posting any bond. You also agree that you shall be responsible for all damages incurred by the Company Invesco due to any breach of the restrictive covenants contained in this Award Time-Vested RFU Agreement and that Invesco and/or the Company Grantor shall be entitled to have you pay all costs and attorneys’ fees incurred by Invesco and the Company Grantor in enforcing the restrictive covenants in this Award Time-Vested RFU Agreement.

Appears in 1 contract

Samples: Deferred Incentive Plan (Invesco Ltd.)

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