Common use of Executive’s Acknowledgement Clause in Contracts

Executive’s Acknowledgement. Executive hereby expressly acknowledges that (a) the restrictions and obligations set forth in and imposed under this Section 5 will not prevent him from obtaining gainful employment in his field of expertise or cause him undue hardship in that there are numerous other employment and business opportunities available to him that are not affected by the restrictions and other obligations imposed hereunder that are not affected by the foregoing, and (b) in view and consideration of the substantial benefits he is receiving from JBSS on the date hereof pursuant to the Stock Purchase Agreement and the current and future rights, options and benefits granted by JBSS to him pursuant to the Convertible Debenture and Registration Rights Agreement, the restrictions and obligations imposed on him under this Section 5 are reasonable and necessary to protect the legitimate business interests of Sunshine and JBSS and that any violation thereof would result in irreparable damage to JBSS and/or Sunshine.