Common use of Enforcement of Covenants Clause in Contracts

Enforcement of Covenants. Executive acknowledges that Executive has carefully read and considered all the terms and conditions of this Agreement, including the restraints imposed upon Executive pursuant to Sections 7, 8 and 9, and Executive agrees that these restraints are necessary for the reasonable and proper protection of Company and its successors and assigns and that each and every one of the restraints is reasonable in respect to the subject matter, length of time and geographic area. Executive further acknowledges that, were Executive to breach any of the covenants in Section 7, Section 8 and/or Section 9 the damage to the Company would be irreparable. Executive therefore agrees that Company, in addition to any other remedies available to it, shall be entitled to preliminary and permanent injunctive relief against any breach or threatened breach by Executive of any of the covenants herein, without any requirement to post a bond or similar security. The Parties further agree that in the event that any provision of Section 7, Section 8 and/or Section 9 shall be determined by any court of competent jurisdiction to be unenforceable by reason of its being extended over too great a time, too large a geographic area or too great a range of activities, such provision shall be deemed to be modified to permit its enforcement to the maximum extent permitted by law.

Appears in 9 contracts

Samples: Employment Agreement (Vocodia Holdings Corp), Employment Agreement (60 Degrees Pharmaceuticals, Inc.), Employment Agreement (60 Degrees Pharmaceuticals, Inc.)

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Enforcement of Covenants. The Executive acknowledges that Executive he has carefully read and considered all the terms and conditions of this Agreement, including the restraints imposed upon Executive him pursuant to Sections 7, 8 and 9, 10 and 11 hereof. The Executive agrees that these said restraints are necessary for the reasonable and proper protection of the Company and its successors and assigns Subsidiaries and that each and every one of the restraints is reasonable in respect to the subject matter, length of time and geographic area. The Executive further acknowledges that, were Executive he to breach any of the covenants contained in Section 7Sections 9, Section 8 and/or Section 9 10 and 11 hereof, the damage to the Company would be irreparable. The Executive therefore agrees that the Company, in addition to any other remedies available to it, shall be entitled to preliminary and permanent injunctive relief against any breach or threatened breach by the Executive of any of the covenants hereinsaid covenants, without any requirement having to post a bond or similar securitybond. The Parties parties further agree that that, in the event that any provision of Section 7Sections 9, Section 8 and/or Section 9 10 and 11 hereof shall be determined by any court of competent jurisdiction to be unenforceable by reason of its being extended over too great a time, too large a geographic area or too great a range of activities, such provision shall be deemed to be modified to permit its enforcement to the maximum extent permitted by law.

Appears in 8 contracts

Samples: Employment Agreement (Xerium Technologies Inc), Employment Agreement (Xerium Technologies Inc), Employment Agreement (Xerium Technologies Inc)

Enforcement of Covenants. The Executive acknowledges that Executive he has carefully read and considered all the terms and conditions of this Agreement, including without limitation the restraints imposed upon Executive him pursuant to Sections 7, 7 and 8 and 9, and hereof. The Executive agrees that these said restraints are necessary for the reasonable and proper protection of the Company and its successors and assigns Affiliates and that each and every one of the restraints is reasonable in respect to the subject matter, length of time and geographic area. The Executive further acknowledges that, were Executive he to breach any of the covenants or agreements contained in Section 7Sections 7 or 8 hereof, Section 8 and/or Section 9 the damage to the Company would and its Affiliates could be irreparable. Executive therefore The Executive, therefore, agrees that Companythe Company and its Affiliates, in addition to any other remedies available to it, shall be entitled to preliminary and permanent injunctive relief against any breach or threatened breach by the Executive of any of the said covenants herein, without any requirement to post a bond or similar securityagreements. The Parties parties further agree that in the event that any provision of Section 7, Section 7 or 8 and/or Section 9 hereof shall be determined by any court of competent jurisdiction to be unenforceable by reason of its it being extended over too great a time, too large a geographic area or too great a range of activities, such provision shall be deemed to be modified to permit its enforcement to the maximum extent permitted by law.

Appears in 7 contracts

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

Enforcement of Covenants. The Executive acknowledges that Executive he has carefully read and considered all the terms and conditions of this Agreement, including the restraints imposed upon Executive him pursuant to Sections 7, 8 and 9, and 9 hereof. The Executive agrees that these said restraints are necessary for the reasonable and proper protection of the Company and its successors and assigns subsidiaries and that each and every one of the restraints is reasonable in respect to the subject matter, length of time and geographic area. The Executive further acknowledges that, were Executive he to breach any of the covenants contained in Section 7, Section 8 and/or Section or 9 hereof, the damage to the Company and its subsidiaries would be irreparable. The Executive therefore agrees that the Company, in addition to any other remedies available to it, shall be entitled to preliminary and permanent injunctive relief against any breach or threatened breach by the Executive of any of the covenants hereinsaid covenants, without any requirement having to post a bond or similar securitybond. The Parties parties further agree that that, in the event that any provision of Section 7, Section 8 and/or Section or 9 hereof shall be determined by any court of competent jurisdiction to be unenforceable by reason of its being extended over too great a time, too large a geographic area or too great a range of activities, such provision shall be deemed to be modified to permit its enforcement to the maximum extent permitted by law.

Appears in 6 contracts

Samples: Executive Employment Agreement (LifeCare Holdings, Inc.), Agreement (LifeCare Holdings, Inc.), Agreement (LifeCare Holdings, Inc.)

Enforcement of Covenants. The Executive acknowledges that Executive he has carefully read and considered all the terms and conditions of this Agreement, including the restraints imposed upon Executive him pursuant to Sections 7, 8 and 9, and 9 hereof. The Executive agrees that these said restraints are necessary for the reasonable and proper protection of the Company and its successors and assigns Affiliates and that each and every one of the restraints is reasonable in respect to the subject matter, length of time and geographic area. The Executive further acknowledges that, were Executive he to breach any of the covenants contained in Section Sections 7, Section 8 and/or Section or 9 hereof, the damage to the Company would be irreparable. The Executive therefore agrees that the Company, in addition to any other remedies available to it, shall be entitled to preliminary and permanent injunctive relief against any breach or threatened breach by the Executive of any of the covenants hereinsaid covenants, without any requirement having to post a bond or similar securitybond. The Parties parties further agree that that, in the event that any provision of Section 7, Section 8 and/or Section or 9 hereof shall be determined by any court of competent jurisdiction to be unenforceable by reason of its being extended over too great a time, too large a geographic area or too great a range of activities, such provision shall be deemed to be modified to permit its enforcement to the maximum extent permitted by law.

Appears in 6 contracts

Samples: Employment Agreement (Amtech Systems Inc), Agreement (Katy Industries Inc), Employment Agreement (Btu International Inc)

Enforcement of Covenants. The Executive acknowledges that Executive he has carefully read and considered all the terms and conditions of this Agreement, including without limitation the restraints imposed upon Executive him pursuant to Sections 7, 7 and 8 and 9, and hereof. The Executive agrees that these said restraints are necessary for the reasonable and proper protection of the Company and its successors and assigns Affiliates and that each and every one of the restraints is reasonable in respect to the subject matter, length of time and geographic area. The Executive further acknowledges that, were Executive he to breach any of the covenants or agreements contained in Section 7Sections 7 or 8 hereof, Section 8 and/or Section 9 the damage to the Company would and its Affiliates could be irreparable. The Executive therefore agrees that Companythe Company and its Affiliates, in addition to any other remedies available to it, shall be entitled to preliminary and permanent injunctive relief against any breach or threatened breach by the Executive of any of the said covenants herein, without any requirement to post a bond or similar securityagreements. The Parties parties further agree that in the event that any provision of Section 7, Section 7 or 8 and/or Section 9 hereof shall be determined by any court Court of competent jurisdiction to be unenforceable by reason of its being extended over too great a time, too large a geographic area or too great a range of activities, such provision shall be deemed to be modified to permit its enforcement to the maximum extent permitted by law.

Appears in 6 contracts

Samples: Employment Agreement (Dominos Pizza Inc), Employment Agreement (Dominos Pizza Inc), Employment Agreement (Dominos Pizza Inc)

Enforcement of Covenants. The Executive acknowledges that Executive he has carefully read and considered all the terms and conditions of this Agreement, including the restraints imposed upon Executive him pursuant to Sections 7, 7 and 8 and 9, and hereof. The Executive agrees that these said restraints are necessary for the reasonable and proper protection of the Company and its successors and assigns Affiliates and that each and every one of the restraints is reasonable in respect to the subject matter, length of time and geographic area. The Executive further acknowledges that, were Executive he to breach any of the covenants contained in Section 7Sections 7 or 8 hereof, Section 8 and/or Section 9 the damage to the Company would be irreparable. The Executive therefore agrees that the Company, in addition to any other remedies available to it, shall be entitled to preliminary and permanent injunctive relief against any breach or threatened breach by the Executive of any of the covenants hereinsaid covenants, without any requirement having to post a bond or similar securitybond. The Parties parties further agree that that, in the event that any provision of Section 7, Section 7 or 8 and/or Section 9 hereof shall be determined by any court of competent jurisdiction to be unenforceable by reason of its being extended over too great a time, too large a geographic area or too great a range of activities, such provision shall be deemed to be modified to permit its enforcement to the maximum extent permitted by law.

Appears in 5 contracts

Samples: Agreement (Antigenics Inc /De/), Agreement (Panther Expedited Services, Inc.), Agreement (Panther Expedited Services, Inc.)

Enforcement of Covenants. Executive acknowledges that Executive has carefully read and considered all the terms and conditions of this Agreement, including the restraints imposed upon Executive pursuant to Sections 7, 8 and 9, and . Executive agrees that these restraints are necessary for the reasonable and proper protection of Company and its successors and assigns and that each and every one of the restraints is reasonable in respect to the subject matter, length of time and geographic area. Executive further acknowledges that, were Executive to breach any of the covenants contained in Section Sections 7, Section 8 and/or Section 9 and 9, the damage to the Company would be irreparable. Executive therefore agrees that Company, in addition to any other remedies available to it, shall be entitled to preliminary and permanent injunctive relief against any breach or threatened breach by Executive of any of the covenants herein, without any requirement to post a bond or similar security. The Parties parties further agree that that, in the event that any provision of Section Sections 7, Section 8 and/or Section or 9 shall be determined by any court of competent jurisdiction to be unenforceable by reason of its being extended over too great a time, too large a geographic area or too great a range of activities, such provision shall be deemed to be modified to permit its enforcement to the maximum extent permitted by law.

Appears in 5 contracts

Samples: Employment Agreement (STRATA Skin Sciences, Inc.), Employment Agreement (STRATA Skin Sciences, Inc.), Employment Agreement (Society Pass Incorporated.)

Enforcement of Covenants. Executive acknowledges that Executive he has carefully read and considered all the terms and conditions of this Agreement, including the restraints imposed upon Executive him pursuant to Sections 7, 8 and 9, and this Section 6. Executive agrees that these those restraints are necessary for the reasonable and proper protection of the Company and its successors and assigns affiliates and that each and every one of the restraints is reasonable in respect to the subject matter, length of time and geographic area. Executive further acknowledges that, were Executive he to breach any of the covenants contained in this Section 76, Section 8 and/or Section 9 the damage to the Company and its affiliates would be irreparable. Executive therefore agrees that the Company, in addition to any other remedies available to it, shall be entitled to preliminary and permanent injunctive relief against any breach or threatened breach by Executive of any of the covenants hereinsaid covenants, without any requirement having to post a bond or similar securitybond. The Parties parties further agree that that, in the event that any provision of this Section 7, Section 8 and/or Section 9 6 shall be determined by any court of competent jurisdiction to be unenforceable by reason of its being extended over too great a time, too large a geographic area or too great a range of activities, such provision shall be deemed to be modified to permit its enforcement to the maximum extent permitted by law.

Appears in 5 contracts

Samples: Executive Employment Agreement (Flir Systems Inc), Executive Employment Agreement (Flir Systems Inc), Executive Employment Agreement (Flir Systems Inc)

Enforcement of Covenants. The Executive acknowledges that Executive he has carefully read and considered all the terms and conditions of this Agreement, including the restraints imposed upon Executive him pursuant to Sections 7, 8 and 9and, and 9 hereof. The Executive agrees that these said restraints are necessary for the reasonable and proper protection of the Company and its successors and assigns Affiliates and that each and every one of the restraints is reasonable in respect to the subject matter, length of time and geographic area. The Executive further acknowledges that, were Executive he to breach any of the covenants contained in Section Sections 7, Section 8 and/or Section 9 and 9, the damage to the Company would be irreparable. The Executive therefore agrees that the Company, in addition to any other remedies available to it, shall be entitled to preliminary and permanent injunctive relief against any breach or threatened breach by the Executive of any of the covenants hereinsaid covenants, without any requirement having to post a bond or similar securitybond. The Parties parties further agree that that, in the event that any provision of Section 7, Section 8 and/or Section or 9 hereof shall be determined by any court of competent jurisdiction to be unenforceable by reason of its being extended over too great a time, too large a geographic area or too great a range of activities, such provision shall be deemed to be modified to permit its enforcement to the maximum extent permitted by law.

Appears in 4 contracts

Samples: Employment Agreement (Animal Health International, Inc.), Employment Agreement (Animal Health International, Inc.), Employment Agreement (Animal Health International, Inc.)

Enforcement of Covenants. The Executive acknowledges that Executive he/she has carefully read and considered all the terms and conditions of this Agreement, including the restraints imposed upon Executive him/her pursuant to Sections 7, 7 and 8 and 9, and hereof. The Executive agrees that these said restraints are necessary for the reasonable and proper protection of the Company and its successors and assigns Affiliates and that each and every one of the restraints is reasonable in respect to the subject matter, length of time and geographic area. The Executive further acknowledges that, were Executive he/she to breach any of the covenants contained in Section 7Sections 7 or 8 hereof, Section 8 and/or Section 9 the damage to the Company would be irreparable. The Executive therefore agrees that the Company, in addition to any other remedies available to it, shall be entitled to preliminary and permanent injunctive relief against any breach or threatened breach by the Executive of any of the covenants hereinsaid covenants, without any requirement having to post a bond or similar securitybond. The Parties parties further agree that that, in the event that any provision of Section 7, Section 7 or 8 and/or Section 9 hereof shall be determined by any court of competent jurisdiction to be unenforceable by reason of its being extended over too great a time, too large a geographic area or too great a range of activities, such provision shall be deemed to be modified to permit its enforcement to the maximum extent permitted by law.

Appears in 4 contracts

Samples: Agreement (Agenus Inc), Agreement (Antigenics Inc /De/), Agreement (Antigenics Inc /De/)

Enforcement of Covenants. The Executive acknowledges that Executive she has carefully read and considered all the terms and conditions of this Agreement, including the restraints imposed upon Executive her pursuant to Sections 76, 7 and 8 and 9, and hereof. The Executive agrees that these those restraints are necessary for the reasonable and proper protection of the Company and its successors and assigns Affiliates and that each and every one of the restraints is reasonable in respect to the subject matter, length of time and geographic area. The Executive further acknowledges that, were Executive she to breach any of the covenants contained in Section 7Sections 6, Section 7 or 8 and/or Section 9 hereof, the damage to the Company and its Affiliates would be irreparable. The Executive therefore agrees that the Company, in addition to any other remedies available to it, shall be entitled to preliminary and permanent injunctive relief against any breach or threatened breach by the Executive of any of the covenants hereinsaid covenants, without any requirement having to post a bond or similar securitybond. The Parties parties further agree that that, in the event that any provision of Section 76, Section 7 or 8 and/or Section 9 hereof shall be determined by any court of competent jurisdiction to be unenforceable by reason of its being extended over too great a time, too large a geographic area or too great a range of activities, such provision shall be deemed to be modified to permit its enforcement to the maximum extent permitted by law.

Appears in 4 contracts

Samples: Employment Agreement (GigOptix, Inc.), Employment Agreement (GigPeak, Inc.), Employment Agreement (GigOptix, Inc.)

Enforcement of Covenants. The Executive acknowledges that Executive he has carefully read and considered all the terms and conditions of this Agreement, including the restraints imposed upon Executive him pursuant to Sections 7, 8 and 9, and 9 hereof. The Executive agrees that these said restraints are necessary for the reasonable and proper protection of the Company and its successors and assigns Subsidiaries and that each and every one of the restraints is reasonable in respect to the subject matter, length of time and geographic area. The Executive further acknowledges that, were Executive he to breach any of the covenants contained in Section Sections 7, Section 8 and/or Section or 9 hereof, the damage to the Company would be irreparable. The Executive therefore agrees that the Company, in addition to any other remedies available to it, shall be entitled to seek preliminary and permanent injunctive relief against any breach or threatened breach by the Executive of any of the covenants hereinsaid covenants, without any requirement having to post a bond or similar securitybond. The Parties parties further agree that that, in the event that any provision of Section 7, Section 8 and/or Section or 9 hereof shall be determined by any court of competent jurisdiction to be unenforceable by reason of its being extended over too great a time, too large a geographic area or too great a range of activities, such provision shall be deemed to be modified to permit its enforcement to the maximum extent permitted by law.

Appears in 3 contracts

Samples: Employment Agreement (Wild Oats Markets Inc), Agreement (Ben & Jerrys Homemade Inc), Ben & Jerrys Homemade Inc

Enforcement of Covenants. The Executive acknowledges that Executive He has carefully read and considered all the terms and conditions of this Agreement, including the restraints imposed upon Executive her pursuant to Sections 7, 8 and 9, and 9 hereof. The Executive agrees that these those restraints are necessary for the reasonable and proper protection of the Company and its successors and assigns Affiliates and that each and every one of the restraints is reasonable in respect to the subject matter, length of time and geographic area. The Executive further acknowledges that, were Executive He to breach any of the covenants contained in Section 7, Section 8 and/or Section or 9 hereof, the damage to the Company and its Affiliates would be irreparable. The Executive therefore agrees that the Company, in addition to any other remedies available to it, shall be entitled to preliminary and permanent injunctive relief against any breach or threatened breach by the Executive of any of the covenants hereinsaid covenants, without any requirement having to post a bond or similar securitybond. The Parties parties further agree that that, in the event that any provision of Section 7, Section 8 and/or Section or 9 hereof shall be determined by any court of competent jurisdiction to be unenforceable by reason of its being extended over too great a time, too large a geographic area or too great a range of activities, such provision shall be deemed to be modified to permit its enforcement to the maximum extent permitted by law.

Appears in 3 contracts

Samples: Employment Agreement (Easton-Bell Sports, Inc.), Employment Agreement (Easton-Bell Sports, Inc.), Employment Agreement (Easton-Bell Sports, Inc.)

Enforcement of Covenants. The Executive acknowledges that Executive she has carefully read and considered all the terms and conditions of this Agreement, including without limitation the restraints imposed upon Executive her pursuant to Sections 7, 7 and 8 and 9, and hereof. The Executive agrees that these said restraints are necessary for the reasonable and proper protection of the Company and its successors and assigns Affiliates and that each and every one of the restraints is reasonable in respect to the subject matter, length of time and geographic area. The Executive further acknowledges that, were Executive she to breach any of the covenants or agreements contained in Section 7Sections 7 or 8 hereof, Section 8 and/or Section 9 the damage to the Company would and its Affiliates could be irreparable. Executive therefore The Executive, therefore, agrees that Companythe Company and its Affiliates, in addition to any other remedies available to it, shall be entitled to preliminary and permanent injunctive relief against any breach or threatened breach by the Executive of any of the said covenants herein, without any requirement to post a bond or similar securityagreements. The Parties parties further agree that in the event that any provision of Section 7, Section 7 or 8 and/or Section 9 hereof shall be determined by any court of competent jurisdiction to be unenforceable by reason of its it being extended over too great a time, too large a geographic area or too great a range of activities, such provision shall be deemed to be modified to permit its enforcement to the maximum extent permitted by law.

Appears in 2 contracts

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

Enforcement of Covenants. The Executive acknowledges that Executive he has carefully read and considered all the terms and conditions of this Agreement, including without limitation the restraints imposed upon Executive him pursuant to Sections 7, 8 and 9, and 9 hereof. The Executive agrees that these said restraints are necessary for the reasonable and proper protection of the Company and its successors and assigns Affiliates and that each and every one of the restraints is reasonable in respect to the subject matter, length of time and geographic area. The Executive further acknowledges that, were Executive he to breach any of the covenants contained in Section Sections 7, Section 8 and/or Section or 9 hereof, the damage to the Company and its Affiliates would be irreparable. The Executive therefore agrees that Companythe Company and its Affiliates, in addition to any other remedies available to itthem, shall be entitled to preliminary and permanent injunctive relief against any breach or threatened breach by the Executive of any of the covenants herein, without any requirement to post a bond or similar securitysaid covenants. The Parties parties further agree that that, in the event that any provision of Section 7, Section 8 and/or Section or 9 hereof shall be determined by any court of competent jurisdiction to be unenforceable by reason of its being extended over too great a time, too large a geographic area or too great a range of activities, such provision shall be deemed to be modified to permit its enforcement to the maximum extent permitted by law.

Appears in 2 contracts

Samples: Employment Agreement (Point Therapeutics Inc), Executive Employment Agreement (Point Therapeutics Inc)

Enforcement of Covenants. Executive acknowledges that Executive has carefully read and considered all the terms and conditions of this Agreement, including the restraints imposed upon Executive pursuant to Sections 7, 8 and 9, and . Executive agrees that these restraints are necessary for the reasonable and proper protection of Company and its successors and assigns and that each and every one of the restraints is reasonable in respect to the subject matter, length of time and geographic area. Executive further acknowledges that, were Executive to breach any of the covenants contained in Section Sections 7, Section 8 and/or Section 9 and 9, the damage to the Company would be irreparable. Executive therefore agrees that Company, in addition to any other remedies available to it, shall be entitled to preliminary and permanent injunctive relief against any proven breach or proven threatened breach by Executive of any of the covenants hereinin Sections 7, 8 and 9, without any requirement to post a bond or similar security. The Parties parties further agree that that, in the event that any provision of Section Sections 7, Section 8 and/or Section or 9 shall be determined by any court of competent jurisdiction to be unenforceable by reason of its being extended over too great a time, too large a geographic area or too great a range of activities, such provision shall be deemed to be modified to permit its enforcement to the maximum extent permitted by law.

Appears in 2 contracts

Samples: Employment Agreement, Employment Agreement (Forge Group, Inc.)

Enforcement of Covenants. The Executive acknowledges that Executive he has carefully read and considered all the terms and conditions of this Agreement, including the restraints imposed upon Executive his pursuant to Sections 78, 8 9 and 9, and 10 hereof. The Executive agrees that these said restraints are necessary for the reasonable and proper protection of the Company and its successors and assigns Subsidiaries and that each and every one of the restraints is reasonable in respect to the subject matter, length of time and geographic area. The Executive further acknowledges that, were Executive he to breach any of the covenants contained in Section 7Sections 8, Section 8 and/or Section 9 and 10 hereof, the damage to the Company would be irreparable. The Executive therefore agrees that the Company, in addition to any other remedies available to it, shall be entitled to preliminary and permanent injunctive relief against any breach or threatened breach by the Executive of any of the covenants hereinsaid covenants, without any requirement having to post a bond or similar securitybond. The Parties parties further agree that that, in the event that any my provision of Section 7Sections 8, Section 8 and/or Section 9 and 10 hereof shall be determined by any court of competent jurisdiction to be unenforceable by reason of its being extended over too great a time, too large a geographic area or too great a range of activities, such provision shall may be deemed “blue penciled” or written by the court to be modified the extent necessary to permit its enforcement render it enforceable to the maximum extent permitted by law.

Appears in 2 contracts

Samples: Employment Agreement (Xerium Technologies Inc), Employment Agreement (Xerium Technologies Inc)

Enforcement of Covenants. The Executive acknowledges that Executive he has carefully read and considered all the terms and conditions of this Agreement, including the restraints imposed upon Executive him pursuant to Sections 78, 8 9 and 9, and 10 hereof. The Executive agrees that these said restraints are necessary for the reasonable and proper protection of the Company and its successors and assigns Subsidiaries and that each and every one of the restraints is reasonable in respect to the subject matter, length of time and geographic area. The Executive further acknowledges that, were Executive he to breach any of the covenants contained in Section 7Sections 8, Section 8 and/or Section 9 and 10 hereof, the damage to the Company would be irreparable. The Executive therefore agrees that the Company, in addition to any other remedies available to it, shall be entitled to preliminary and permanent injunctive relief against any breach or threatened breach by the Executive of any of the covenants hereinsaid covenants, without any requirement having to post a bond or similar securitybond. The Parties parties further agree that that, in the event that any provision of Section 7Sections 8, Section 8 and/or Section 9 and 10 hereof shall be determined by any court of competent jurisdiction to be unenforceable by reason of its being extended over too great a time, too large a geographic area or too great a range of activities, such provision shall be deemed to be modified to permit its enforcement to the maximum extent permitted by law.

Appears in 2 contracts

Samples: Employment Agreement (Xerium Technologies Inc), Employment Agreement (Xerium Technologies Inc)

Enforcement of Covenants. The Executive acknowledges that Executive he has carefully read and considered all the terms and conditions of this Agreement, including without limitation the restraints imposed upon Executive his pursuant to Sections 7, 7 and 8 and 9, and hereof. The Executive agrees that these said restraints are necessary for the reasonable and proper protection of the Company and its successors and assigns Affiliates and that each and every one of the restraints is reasonable in respect to the subject matter, length of time and geographic area. The Executive further acknowledges that, were Executive he to breach any of the covenants or agreements contained in Section 7Sections 7 or 8 hereof, Section 8 and/or Section 9 the damage to the Company would and its Affiliates could be irreparable. Executive therefore The Executive, therefore, agrees that Companythe Company and its Affiliates, in addition to any other remedies available to it, shall be entitled to preliminary and permanent injunctive relief against any breach or threatened breach by the Executive of any of the said covenants herein, without any requirement to post a bond or similar securityagreements. The Parties parties further agree that in the event that any provision of Section 7, Section 7 or 8 and/or Section 9 hereof shall be determined by any court of competent jurisdiction to be unenforceable by reason of its it being extended over too great a time, too large a geographic area or too great a range of activities, such provision shall be deemed to be modified to permit its enforcement to the maximum extent permitted by law.

Appears in 1 contract

Samples: Employment Agreement (Dominos Inc)

Enforcement of Covenants. The Executive acknowledges that Executive he has carefully read and considered all the terms and conditions of this Agreement, including the restraints imposed upon Executive him pursuant to Sections 7, 8 and 9, and 9 hereof. The Executive agrees that these those restraints are necessary for the reasonable and proper protection of the Company and its successors and assigns Affiliates and that each and every one of the restraints is reasonable in respect to the subject matter, length of time and geographic area. The Executive further acknowledges that, were Executive he to breach any of the covenants contained in Section Sections 7, Section 8 and/or Section or 9 hereof, the damage to the Company and its Subsidiaries would be irreparable. The Executive therefore agrees that the Company, in addition to any other remedies available to it, shall be entitled to preliminary and permanent injunctive relief against any breach or threatened breach by the Executive of any of the covenants hereinsaid covenants, without any requirement having to post a bond or similar securitybond. The Parties parties further agree that that, in the event that any provision of Section 7, Section 8 and/or Section or 9 hereof shall be determined by any court of competent jurisdiction to be unenforceable by reason of its being extended over too great a time, too large a geographic area or too great a range of activities, such provision shall be deemed to be modified to permit its enforcement to the maximum extent permitted by law.

Appears in 1 contract

Samples: Agreement (Riddell Bell Holdings, Inc.)

Enforcement of Covenants. The Executive acknowledges that Executive she has carefully read and considered all the terms and conditions of this Agreement, including the restraints imposed upon Executive her pursuant to Sections 7, 8 and 9, and 9 hereof. The Executive agrees that these said restraints are necessary for the reasonable and proper protection of the Company and its successors and assigns subsidiaries and that each and every one of the restraints is reasonable in respect to the subject matter, length of time and geographic area. The Executive further acknowledges that, were Executive she to breach any of the covenants contained in Section 7, Section 8 and/or Section or 9 hereof, the damage to the Company and its subsidiaries would be irreparable. The Executive therefore agrees that the Company, in addition to any other remedies available to it, shall be entitled to preliminary and permanent injunctive relief against any breach or threatened breach by the Executive of any of the covenants hereinsaid covenants, without any requirement having to post a bond or similar securitybond. The Parties parties further agree that that, in the event that any provision of Section 7, Section 8 and/or Section or 9 hereof shall be determined by any court of competent jurisdiction to be unenforceable by reason of its being extended over too great a time, too large a geographic area or too great a range of activities, such provision shall be deemed to be modified to permit its enforcement to the maximum extent permitted by law.

Appears in 1 contract

Samples: Agreement (LifeCare Holdings, Inc.)

Enforcement of Covenants. The Executive acknowledges that Executive he has carefully read and considered all the terms and conditions of this Agreement, including the restraints imposed upon Executive him pursuant to Sections 7, 8 and 9, and 9 hereof. The Executive agrees that these those restraints are necessary for the reasonable and proper protection of the Company and its successors and assigns Affiliates and that each and every one of the restraints is reasonable in respect to the subject matter, length of time and geographic area. The Executive further acknowledges that, were Executive he to breach any of the covenants contained in Section Sections 7, Section 8 and/or Section or 9 hereof, the damage to the Company would be irreparable. The Executive therefore agrees that the Company, in addition to any other remedies available to it, shall be entitled to preliminary and permanent injunctive relief against any breach or threatened breach by the Executive of any of the covenants hereinsaid covenants, without any requirement having to post a bond or similar securitybond. The Parties parties further agree that that, in the event that any provision of Section 7, Section 8 and/or Section or 9 hereof shall be determined by any a court of competent jurisdiction to be unenforceable by reason of its being extended over too great a time, too large a geographic area or too great a range of activities, such provision shall be deemed to be modified to permit its enforcement to the maximum extent permitted by law.

Appears in 1 contract

Samples: Executive Employment Agreement (First Avenue Networks Inc)

Enforcement of Covenants. The Executive acknowledges that Executive he has carefully read and considered all the terms and conditions of this Agreement, including the restraints imposed upon Executive him pursuant to Sections 7, 8 and 9, and . The Executive agrees that these restraints are necessary for the reasonable and proper protection of the Company and its successors and assigns and that each and every one of the restraints is reasonable in respect to the subject matter, length of time and geographic area. The Executive further acknowledges that, were Executive he to breach any of the covenants contained in Section Sections 7, Section 8 and/or Section 9 and 9, the damage to the Company would be irreparable. The Executive therefore agrees that the Company, in addition to any other remedies available to it, shall be entitled to preliminary and permanent injunctive relief against any breach or threatened breach by the Executive of any of the covenants herein, without any requirement to post a bond or similar security. The Parties parties further agree that that, in the event that any provision of Section Sections 7, Section 8 and/or Section or 9 shall be determined by any court of competent jurisdiction to be unenforceable by reason of its being extended over too great a time, too large a geographic area or too great a range of activities, such provision shall be deemed to be modified to permit its enforcement to the maximum extent permitted by law.

Appears in 1 contract

Samples: Employment Agreement (Mikros Systems Corp)

Enforcement of Covenants. The Executive acknowledges that Executive has they have carefully read and considered all the terms and conditions of this Agreement, including the restraints imposed upon Executive them pursuant to Sections 76, 7 and 8 and 9, and hereof. The Executive agrees that these those restraints are necessary for the reasonable and proper protection of the Company and its successors and assigns Affiliates and that each and every one of the restraints is reasonable in respect to the subject matter, length of time and geographic area. The Executive further acknowledges that, were Executive they to breach any of the covenants contained in Section 7Sections 6, Section 7 or 8 and/or Section 9 hereof, the damage to the Company and its Affiliates would be irreparable. The Executive therefore agrees that the Company, in addition to any other remedies available to it, shall be entitled to preliminary and permanent injunctive relief against any breach or threatened breach by the Executive of any of the covenants hereinsaid covenants, without any requirement having to post a bond or similar securitybond. The Parties parties further agree that that, in the event that any provision of Section 76, Section 7 or 8 and/or Section 9 hereof shall be determined by any court of competent jurisdiction to be unenforceable by reason of its being extended over too great a time, too large a geographic area or too great a range of activities, such provision shall be deemed to be modified to permit its enforcement to the maximum extent permitted by law.

Appears in 1 contract

Samples: Employment Agreement (GigOptix, Inc.)

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Enforcement of Covenants. The Executive acknowledges that Executive he has carefully read and considered all the terms and conditions of this Agreement, including the restraints imposed upon Executive him pursuant to Sections 7, 8 and 9, and 9 hereof. The Executive agrees that these said restraints are necessary for the reasonable and proper protection of the Company and its successors and assigns Affiliates and that each and every one everyone of the restraints is reasonable in respect to the subject matter, length of time and geographic area. The Executive further acknowledges that, were Executive he to breach any of the covenants contained in Section Sections 7, Section 8 and/or Section or 9 hereof, the damage to the Company would be irreparable. The Executive therefore agrees that the Company, in addition to any other remedies available to it, shall be entitled to preliminary and permanent injunctive relief against any breach or threatened breach by the Executive of any of the covenants hereinsaid covenants, without any requirement having to post a bond or similar securitybond. The Parties parties further agree that that, in the event that any provision of Section 7, Section 8 and/or Section or 9 hereof shall be determined by any court of competent jurisdiction to be unenforceable by reason of its being extended over too great a time, too large a geographic area or too great a range of activities, such provision shall be deemed to be modified to permit its enforcement to the maximum extent permitted by law.

Appears in 1 contract

Samples: Agreement (Katy Industries Inc)

Enforcement of Covenants. The Executive acknowledges that Executive she has carefully read and considered all the terms and conditions of this Agreement, including the restraints imposed upon Executive her pursuant to Sections 7, 8 and 9, and 9 hereof. The Executive agrees that these those restraints are necessary for the reasonable and proper protection of the Company and its successors and assigns Affiliates and that each and every one of the restraints is reasonable in respect to the subject matter, length of time and geographic area. The Executive further acknowledges that, were Executive she to breach any of the covenants contained in Section 7, Section 8 and/or Section or 9 hereof, the damage to the Company and its Affiliates would be irreparable. The Executive therefore agrees that the Company, in addition to any other remedies available to it, shall be entitled to preliminary and permanent injunctive relief against any breach or threatened breach by the Executive of any of the covenants hereinsaid covenants, without any requirement having to post a bond or similar securitybond. The Parties parties further agree that that, in the event that any provision of Section 7, Section 8 and/or Section or 9 hereof shall be determined by any court of competent jurisdiction to be unenforceable by reason of its being extended over too great a time, too large a geographic area or too great a range of activities, such provision shall be deemed to be modified to permit its enforcement to the maximum extent permitted by law.

Appears in 1 contract

Samples: Employment Agreement (Easton-Bell Sports, Inc.)

Enforcement of Covenants. The Executive acknowledges that Executive he/she has carefully read and considered all the terms and conditions of this Agreement, including the restraints imposed upon Executive him pursuant to Sections 7, 7 and 8 and 9, and hereof. The Executive agrees that these said restraints are necessary for the reasonable and proper protection of the Company and its successors and assigns Affiliates and that each and every one of the restraints is reasonable in respect to the subject matter, length of time and geographic area. The Executive further acknowledges that, were Executive he/she to breach any of the covenants contained in Section 7Sections 7 or 8 hereof, Section 8 and/or Section 9 the damage to the Company would be irreparable. The Executive therefore agrees that the Company, in addition to any other remedies available to it, shall be entitled to preliminary and permanent injunctive relief against any breach or threatened breach by the Executive of any of the covenants hereinsaid covenants, without any requirement having to post a bond or similar securitybond. The Parties parties further agree that that, in the event that any provision of Section 7, Section 7 or 8 and/or Section 9 hereof shall be determined by any court of competent jurisdiction to be unenforceable by reason of its being extended over too great a time, too large a geographic area or too great a range of activities, such provision shall be deemed to be modified to permit its enforcement to the maximum extent permitted by law.

Appears in 1 contract

Samples: Agreement (Antigenics Inc /De/)

Enforcement of Covenants. The Executive acknowledges that Executive she has carefully read and considered all the terms and conditions of this Agreement, including the restraints imposed upon Executive her pursuant to Sections 78, 8 9 and 9, and 10 hereof. The Executive agrees that these said restraints are necessary for the reasonable and proper protection of the Company and its successors and assigns Subsidiaries and that each and every one of the restraints is reasonable in respect to the subject matter, length of time and geographic area. The Executive further acknowledges that, were Executive she to breach any of the covenants contained in Section 7Sections 8, Section 8 and/or Section 9 and 10 hereof, the damage to the Company would be irreparable. The Executive therefore agrees that the Company, in addition to any other remedies available to it, shall be entitled to preliminary and permanent injunctive relief against any breach or threatened breach by the Executive of any of the covenants hereinsaid covenants, without any requirement having to post a bond or similar securitybond. The Parties parties further agree that that, in the event that any provision of Section 7Sections 8, Section 8 and/or Section 9 and 10 hereof shall be determined by any court of competent jurisdiction to be unenforceable by reason of its being extended over too great a time, too large a geographic area or too great a range of activities, such provision shall be deemed to be modified to permit its enforcement to the maximum extent permitted by law.

Appears in 1 contract

Samples: Employment Agreement (Xerium Technologies Inc)

Enforcement of Covenants. The Executive acknowledges that Executive he has carefully read and considered all the terms and conditions of this Agreement, including the restraints imposed upon Executive him pursuant to Sections 7, 8 8, 9 and 9, and 10 hereof. The Executive agrees that these those restraints are necessary for the reasonable and proper protection of the Company and its successors and assigns Affiliates and that each and every one of the restraints is reasonable in respect to the subject matter, length of time and geographic area. The Executive further acknowledges that, were Executive he to breach any of the covenants contained in Section Sections 7, Section 8 and/or Section 8, 9 or 10 hereof, the damage to the Company would be irreparable. The Executive therefore agrees that the Company, in addition to any other remedies available to it, shall be entitled to preliminary and permanent injunctive relief against any breach or threatened breach by the Executive of any of the covenants hereinsaid covenants, without any requirement having to post a bond or similar securitybond. The Parties parties further agree that that, in the event that any provision of Section 7, Section 8 and/or Section 8, 9 or 10 hereof shall be determined by any a court of competent jurisdiction to be unenforceable by reason of its being extended over too great a time, too large a geographic area or too great a range of activities, such provision shall be deemed to be modified to permit its enforcement to the maximum extent permitted by law.

Appears in 1 contract

Samples: Executive Employment Agreement (First Avenue Networks Inc)

Enforcement of Covenants. The Executive acknowledges that Executive she has carefully read and considered all the terms and conditions of this Agreement, including the restraints imposed upon Executive her pursuant to Sections 7, 8 and 9, and 9 hereof. The Executive agrees that these those restraints are necessary for the reasonable and proper protection of the Company and its successors and assigns Affiliates and that each and every one of the restraints is reasonable in respect to the subject matter, length of time and geographic area. The Executive further acknowledges that, were Executive she to breach any of the covenants contained in Section Sections 7, Section 8 and/or Section or 9 hereof, the damage to the Company and its Affiliates would be irreparable. The Executive therefore agrees that the Company, in addition to any other remedies available to it, shall be entitled to preliminary and permanent injunctive relief against any breach or threatened breach by the Executive of any of the covenants hereinsaid covenants, without any requirement having to post a bond or similar securitybond. The Parties parties further agree that that, in the event that any provision of Section 7, Section 8 and/or Section or 9 hereof shall be determined by any court of competent jurisdiction to be unenforceable by reason of its being extended over too great a time, too large a geographic area or too great a range of activities, such provision shall be deemed to be modified to permit its enforcement to the maximum extent permitted by law.

Appears in 1 contract

Samples: Employment Agreement (Easton-Bell Sports, Inc.)

Enforcement of Covenants. The Executive acknowledges that Executive he has carefully read and considered all the terms and conditions of this Agreement, including the restraints imposed upon Executive him pursuant to Sections 7, 8 and 9, and 9 hereof. The Executive agrees that these said restraints are necessary for the reasonable and proper protection of the Company and its successors and assigns Subsidiaries and that each and every one of the restraints is reasonable in respect to the subject matter, length of time and geographic area. The Executive further acknowledges that, were Executive he to breach any of the covenants contained in Section Sections 7, Section 8 and/or Section and 9 hereof, the damage to the Company would be irreparable. The Executive therefore agrees that the Company, in addition to any other remedies available to it, shall be entitled to preliminary and permanent injunctive relief against any breach or threatened breach by the Executive of any of the covenants hereinsaid covenants, without any requirement having to post a bond or similar securitybond. The Parties parties further agree that that, in the event that any provision of Section Sections 7, Section 8 and/or Section and 9 hereof shall be determined by any court of competent jurisdiction to be unenforceable by reason of its being extended over too great a time, too large a geographic area or too great a range of activities, such provision shall be deemed to be modified to permit its enforcement to the maximum extent permitted by law.

Appears in 1 contract

Samples: Employment Agreement (Xerium Technologies Inc)

Enforcement of Covenants. The Executive acknowledges that Executive he has carefully read and considered all the terms and conditions of this Agreement, including the restraints imposed upon Executive him pursuant to Sections 7, 8 and 9, and 9 hereof. The Executive agrees that these said restraints are necessary for the reasonable and proper protection of the Company and its successors and assigns Affiliates and that each and every one of the restraints is reasonable in respect to the subject matter, length of time and geographic area. The Executive further acknowledges that, were Executive he to breach any of the covenants contained in Section 7, Section 8 and/or Section or 9 hereof, the damage to the Company would be irreparable. The Executive therefore agrees that the Company, in addition to any other remedies available to it, shall be entitled to preliminary and permanent injunctive relief against any breach or threatened breach by the Executive of any of the covenants hereinsaid covenants, without any requirement having to post a bond or similar securitybond. The Parties parties further agree that that, in the event that any provision of Section 7, Section 8 and/or Section or 9 hereof shall be determined by any court of competent jurisdiction to be unenforceable by reason of its being extended over too great a time, too large a geographic area or too great a range of activities, such provision shall be deemed to be modified to permit its enforcement to the maximum extent permitted by law.

Appears in 1 contract

Samples: Employment Agreement (AGY Holding Corp.)

Enforcement of Covenants. The Executive acknowledges that Executive he has carefully read and considered all the terms and conditions of this Agreement, including the restraints imposed upon Executive him pursuant to Sections 7, 8 and 9, and 9 hereof. The Executive agrees that these said restraints are necessary for the reasonable and proper protection of the Company and its successors and assigns Affiliates and that each and every one of the restraints is reasonable in respect to the subject matter, length of time and geographic area. The Executive further acknowledges that, were Executive he to breach any of the covenants contained in Section Sections 7, Section 8 and/or Section and 9 hereof, the damage to the Company would be irreparable. The Executive therefore agrees that the Company, in addition to any other remedies available to it, shall be entitled to preliminary and permanent injunctive relief against any breach or threatened breach by the Executive of any of the covenants hereinsaid covenants, without any requirement having to post a bond or similar securitybond. The Parties parties further agree that that, in the event that any provision of Section Sections 7, Section 8 and/or Section and 9 hereof shall be determined by any court of competent jurisdiction to be unenforceable by reason of its being extended over too great a time, too large a geographic area or too great a range of activities, such provision shall be deemed to be modified to permit its enforcement to the maximum extent permitted by law.

Appears in 1 contract

Samples: Employment Agreement (LCE AcquisitionSub, Inc.)

Enforcement of Covenants. The Executive acknowledges that Executive he has carefully read and considered all the terms and conditions of this Agreement, including the restraints imposed upon Executive him pursuant to Sections 7, 8 and 9, and 9 hereof. The Executive agrees that these those restraints are necessary for the reasonable and proper protection of the Company and its successors and assigns Affiliates and that each and every one of the restraints is reasonable in respect to the subject matter, length of time and geographic area. The Executive further acknowledges that, were Executive to that any breach of any of the covenants contained in Section Sections 7, Section 8 and/or Section or 9 the damage hereof could result in irreparable harm to the Company would be irreparableCompany. The Executive therefore agrees that the Company, in addition to any other remedies available to it, shall be entitled to preliminary and permanent injunctive relief against any breach or threatened breach by the Executive of any of the covenants hereinsaid covenants, without any requirement having to post a bond or similar securitybond. The Parties parties further agree that that, in the event that any provision of Section 7, Section 8 and/or Section or 9 hereof shall be determined by any a court of competent jurisdiction to be unenforceable by reason of its being extended over too great a time, too large a geographic area or too great a range of activities, such provision shall be deemed to be modified to permit its enforcement to the maximum extent permitted by law.

Appears in 1 contract

Samples: Executive Employment Agreement (FiberTower CORP)

Enforcement of Covenants. The Executive acknowledges that Executive she has carefully read and considered all the terms and conditions of this Agreement, including without limitation the restraints imposed upon Executive her pursuant to Sections 7, 8 and 9, and 9 hereof. The Executive agrees that these said restraints are necessary for the reasonable and proper protection of the Company and its successors and assigns Affiliates and that each and every one of the restraints is reasonable in respect to the subject matter, length of time and geographic area. The Executive further acknowledges that, were Executive she to breach any of the covenants contained in Section Sections 7, Section 8 and/or Section or 9 hereof, the damage to the Company and its Affiliates would be irreparable. The Executive therefore agrees that Companythe Company and its Affiliates, in addition to any other remedies available to itthem, shall be entitled to preliminary and permanent injunctive relief against any breach or threatened breach by the Executive of any of the covenants herein, without any requirement to post a bond or similar securitysaid covenants. The Parties parties further agree that that, in the event that any provision of Section 7, Section 8 and/or Section or 9 hereof shall be determined by any court of competent jurisdiction to be unenforceable by reason of its being extended over too great a time, too large a geographic area or too great a range of activities, such provision shall be deemed to be modified to permit its enforcement to the maximum extent permitted by law.

Appears in 1 contract

Samples: Executive Employment Agreement (Point Therapeutics Inc)

Enforcement of Covenants. The Executive acknowledges that Executive he has carefully read and considered all the terms and conditions of this Agreement, including the restraints imposed upon Executive him pursuant to Sections 7, 8 and 9, and 9 hereof. The Executive agrees that these those restraints are necessary for the reasonable and proper protection of the Company and its successors and assigns Affiliates and that each and every one of the restraints is reasonable in respect to the subject matter, length of time and geographic area. The Executive further acknowledges that, were Executive he to breach any of the covenants contained in Section Sections 7, Section 8 and/or Section or 9 hereof, the damage to the Company and its Affiliates would be irreparable. The Executive therefore agrees that the Company, in addition to any other remedies available to it, shall be entitled to preliminary and permanent injunctive relief against any breach or threatened breach by the Executive of any of the covenants hereinsaid covenants, without any requirement having to post a bond or similar securitybond. The Parties parties further agree that that, in the event that any provision of Section Sections 7, Section 8 and/or Section or 9 hereof shall be determined by any court of competent jurisdiction to be unenforceable by reason of its being extended over too great a time, too large a geographic area or too great a range of activities, such provision shall be deemed to be modified to permit its enforcement to the maximum extent permitted by law.

Appears in 1 contract

Samples: Employment Agreement (Easton Sports, Inc.)

Enforcement of Covenants. The Executive acknowledges that Executive he has carefully read and considered all the terms and conditions of this Agreement, including the restraints imposed upon Executive his pursuant to Sections 78, 8 9 and 9, and 10 hereof. The Executive agrees that these said restraints are necessary for the reasonable and proper protection of the Company and its successors and assigns Subsidiaries and that each and every one of the restraints is reasonable in respect to the subject matter, length of time and geographic area. The Executive further acknowledges that, were Executive he to breach any of the covenants contained in Section 7Sections 8, Section 8 and/or Section 9 and 10 hereof, the damage to the Company would be irreparable. The Executive therefore agrees that the Company, in addition to any other remedies available to it, shall be entitled to preliminary and permanent injunctive relief against any breach or threatened breach by the Executive of any of the covenants hereinsaid covenants, without any requirement having to post a bond or similar securitybond. The Parties parties further agree that that, in the event that any provision of Section 7Sections 8, Section 8 and/or Section 9 and 10 hereof shall be determined by any court of competent jurisdiction to be unenforceable by reason of its being extended over too great a time, too large a geographic area or too great a range of activities, such provision shall be deemed to be modified to permit its enforcement to the maximum extent permitted by law.

Appears in 1 contract

Samples: Employment Agreement (Xerium Technologies Inc)

Enforcement of Covenants. The Executive acknowledges that Executive he has carefully read and considered all the terms and conditions of this Agreement, including the restraints imposed upon Executive him pursuant to Sections 78, 8 9 and 9, and 10 hereof. The Executive agrees that these said restraints are necessary for the reasonable and proper protection of the Company and its successors and assigns Subsidiaries and that each and every one of the restraints is reasonable in respect to the subject matter, length of time and geographic area. The Executive further acknowledges that, were Executive he to breach any of the covenants contained in Section 7Sections 8, Section 8 and/or Section 9 and 10 hereof, the damage to the Company would be irreparable. The Executive therefore agrees that the Company, in addition to any other remedies available to it, shall be entitled to preliminary and permanent injunctive relief against any breach or threatened breach by the Executive of any of the covenants hereinsaid covenants, without any requirement having to post a bond or similar securitybond. The Parties parties further agree that that, in the event that any provision of Section 7Sections 8, Section 8 and/or Section 9 and 10 hereof shall be determined by any court of competent jurisdiction to be unenforceable by reason of its being extended over too great a time, too large a geographic area or too great a range of activities, such provision shall may be deemed “blue penciled” or written by the court to be modified the extent necessary to permit its enforcement render it enforceable to the maximum extent permitted by law.

Appears in 1 contract

Samples: Employment Agreement (Xerium Technologies Inc)

Enforcement of Covenants. Executive acknowledges that Executive has carefully read and considered all the terms and conditions of this Agreement, including the restraints imposed upon Executive pursuant to Sections Section 7, 8 Section 8, and Section 9, and Executive agrees that these restraints are necessary for the reasonable and proper protection of Company and its successors and assigns and that each and every one of the restraints is reasonable in respect to the subject matter, length of time and geographic area. Executive further acknowledges that, were Executive to breach any of the covenants in Section 7, Section 8 and/or and Section 9 the damage to the Company would be irreparable. Executive therefore agrees that Company, in addition to any other remedies available to it, shall be entitled to preliminary and permanent injunctive relief against any breach or threatened breach by Executive of any of the covenants herein, without any requirement to post a bond or similar security. The Parties further agree that in the event that any provision of Section 7, Section 8 and/or 8, and Section 9 shall be determined by any court of competent jurisdiction to be unenforceable by reason of its being extended over too great a time, too large a geographic area or too great a range of activities, such provision shall be deemed to be modified to permit its enforcement to the maximum extent permitted by law.

Appears in 1 contract

Samples: Employment Agreement (Worksport, LTD)

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