Common use of Executive Representations Clause in Contracts

Executive Representations. The Executive hereby represents and warrants to the Companies that (a) the execution, delivery and performance of this Agreement by the Executive does not and will not conflict with, breach, violate or cause a default under any contract, agreement, instrument, order, judgment or decree to which the Executive is a party or by which he is bound, (b) the Executive is not a party to or bound by any employment agreement, noncompetition agreement or confidentiality agreement with any other Person and (c) upon the execution and delivery of this Agreement by the Companies, this Agreement will be the valid and binding obligation of the Executive, enforceable in accordance with its terms.

Executive Representations. The Executive hereby represents and warrants to the Companies Company that (ai) the execution, delivery and performance of this Agreement by the Executive does not and will not conflict with, breach, violate or cause a default under any contract, agreement, instrument, order, judgment or decree to which the Executive is a party or by which he is bound, (bii) the Executive is not a party to or bound by any employment agreement, noncompetition noncompete agreement, confidentiality agreement or confidentiality other similar agreement with any other Person person or entity and (ciii) upon the execution and delivery of this Agreement by the CompaniesCompany, this Agreement will shall be the valid and binding obligation of the Executive, enforceable in accordance with its terms.

Executive Representations. The Executive hereby represents and ------------------------- warrants to the Companies Company that (ai) the execution, delivery and performance of this Agreement by the Executive does not and will not conflict with, breach, violate or cause a default under any contract, agreement, instrument, order, judgment or decree to which the Executive is a party or by which he is bound, (bii) the Executive is not a party to or bound by any employment agreement, noncompetition noncompete agreement or confidentiality agreement with any other Person person or entity and (ciii) upon the execution and delivery of this Agreement by the CompaniesCompany, this Agreement will shall be the valid and binding obligation of the Executive, enforceable in accordance with its terms.

Executive Representations. The Executive hereby represents and warrants to the Companies Partnership that (ai) the execution, delivery and performance of this Agreement by the Executive does not and will not conflict with, breach, violate or cause a default under any contract, agreement, instrument, order, judgment or decree to which the Executive is a party or by which he is bound, (bii) the Executive is not a party to or bound by any employment agreement, noncompetition noncompete agreement or confidentiality agreement with any other Person person or entity and (ciii) upon the execution and delivery of this Agreement by the CompaniesPartnership, this Agreement will shall be the valid and binding obligation of the Executive, enforceable in accordance with its terms.

Executive Representations. The Executive hereby represents and warrants to the Companies Company that (ai) the execution, delivery and performance of this Agreement by the Executive does not and will not conflict with, breach, violate or cause a default under any contract, agreement, instrument, order, judgment or decree to which the Executive is a party or by which he or she is bound, (bii) the Executive is not a party to or bound by any employment agreement, noncompetition noncompete agreement or confidentiality agreement with any other Person person or entity other than the Company and (ciii) upon the execution and delivery of this Agreement by the CompaniesCompany, this Agreement will shall be the valid and binding obligation of the Executive, enforceable in accordance with its terms.

Executive Representations. The Executive hereby represents and warrants to ------------------------- the Companies Company that (ai) the execution, delivery and performance of this Agreement by the Executive does not and will not conflict with, breach, violate or cause a default under any contract, agreement, instrument, order, judgment or decree to which the Executive is a party or by which he is bound, (bii) the Executive is not a party to or bound by any employment agreement, noncompetition noncompete agreement or confidentiality agreement with any other Person person or entity and (ciii) upon the execution and delivery of this Agreement by the CompaniesCompany, this Agreement will shall be the valid and binding obligation of the Executive, enforceable in accordance with its terms.

Executive Representations. The Executive hereby represents ---------- ------------------------- and warrants to the Companies Company that (a) the execution, delivery and performance of this Agreement by the Executive does not and will not conflict with, breach, violate or cause a default under any contract, agreement, instrument, order, judgment judgement or decree to which the Executive is a party or of by which he she is bound, (b) the Executive is not a party to or bound by any employment agreement, noncompetition agreement or confidentiality agreement with any other Person Person, and (c) upon the execution and delivery of this Agreement by the CompaniesCompany, this Agreement will be the valid and binding obligation of the Executive, enforceable in accordance with its terms.

Executive Representations. The Executive hereby represents and warrants to the Companies that Company that: (a) the execution, delivery and performance of this Agreement by the The Executive does not and will not conflict with, breach, violate or cause a default under any contract, agreement, instrument, order, judgment or decree to which the Executive is a party or by which he is bound, , (b) the Executive is not a party to or bound by any employment agreement, noncompetition non- compete agreement or confidentiality agreement with any other Person and person or entity, and (c) upon the execution and delivery of this Agreement by the CompaniesCompany, this Agreement will be the valid and binding obligation of the Executive, enforceable in accordance with its terms.

Executive Representations. The Executive hereby ---------- ------------------------- represents and warrants to the Companies Company that (a) the execution, delivery and performance of this Agreement by the Executive does not and will not conflict with, breach, violate or cause a default under any contract, agreement, instrument, order, judgment judgement or decree to which the Executive is a party or of by which he is bound, (b) the Executive is not a party to or bound by any employment agreement, noncompetition agreement or confidentiality agreement with any other Person Person, and (c) upon the execution and delivery of this Agreement by the CompaniesCompany, this Agreement will be the valid and binding obligation of the Executive, enforceable in accordance with its terms.

Executive Representations. The Executive hereby represents and warrants to the Companies Company that (ai) the execution, delivery and performance of this Agreement by the Executive does not and will not conflict with, breach, violate or cause a default under any contract, agreement, instrument, order, judgment or decree to which the Executive is a party or by which he is bound, (bii) the Executive is not a party to or bound by any employment agreement, noncompetition noncompete agreement or confidentiality agreement with any other Person person or entity, other than the Prior Agreement, and (ciii) upon the execution and delivery of this Agreement by the CompaniesCompany, this Agreement will shall be the valid and binding obligation of the Executive, enforceable in accordance with its terms.

Executive Representations. The Executive hereby represents ---------- ------------------------- and warrants to the Companies Company that (a) the execution, delivery and performance of this Agreement by the Executive does not and will not conflict with, breach, violate or cause a default under any contract, agreement, instrument, order, judgment judgement or decree to which the Executive is a party or of by which he is bound, (b) the Executive is not a party to or bound by any employment agreement, noncompetition agreement or confidentiality agreement with any other Person Person, and (c) upon the execution and delivery of this Agreement by the CompaniesCompany, this Agreement will be the valid and binding obligation of the Executive, enforceable in accordance with its terms.

Executive Representations. The Executive hereby represents and warrants to the Companies Company that (a) the execution, delivery and performance of this Agreement by the Executive does not and will not conflict with, breach, violate or cause a default under any contract, agreement, instrument, order, judgment or decree to which the Executive is a party or by which he is bound, (b) as of the date hereof, the Executive is not a party to or bound by any written employment agreement, agreement or any noncompetition agreement or confidentiality agreement with any other Person and (c) upon the execution and delivery of this Agreement by the CompaniesCompany, this Agreement will be the valid and binding obligation of the Executive, enforceable in accordance with its terms.