Common use of Executive’s Acknowledgement Clause in Contracts

Executive’s Acknowledgement. It is the express intention of Executive and Employer to comply with sections 15.50 et seq. of the Texas Business and Commerce Code in effect as of the date of execution hereof. Executive stipulates that the provisions of this Agreement are not oppressive or overly burdensome to Executive and will not prevent Executive from earning an income following termination of this Agreement. Executive warrants and represents that: a. Executive is familiar with non-compete and non-solicitation covenants; b. Executive has discussed or acknowledges the opportunity to discuss the provisions of the non-compete and non-solicitation covenants contained herein with Executive's attorney and has concluded that such provisions (including, without limitation, the right to equitable relief and the length of time provided for herein) are fair, reasonable and just under the circumstances; c. Executive is fully aware of the obligations, limitations and liabilities included in the non-compete and non-solicitation covenants contained in this Agreement; d. The scope of activities covered hereby are substantially similar to those activities to be performed by Executive under this Agreement; e. The non-compete and non-solicitation periods in Section 10 and Section 11 are reasonable restrictions, giving consideration to the following factors: (1) Executive and Employer reasonably anticipate that this Agreement, although terminable under certain provisions, will continue in effect for sufficient duration to allow Executive to attain superior bargaining strength and an ability for unfair competition with respect to the customers covered hereby; (2) the duration of such non-compete and non-solicitation periods is a reasonably necessary period to allow Employer to restore its position of equivalent bargaining strength and fair competition with respect to those customers covered hereby; and (3) historically, employees of all types have remained with Employer for a duration of longer than the duration of such non-compete and non-solicitation periods; and f. The limitations contained in this Agreement with respect to geographic area, duration and scope of activity are reasonable; however, if any court shall determine that the geographic area, duration or scope of activity of any restriction contained in this Agreement is unenforceable, it is the intention of the parties that such restrictive covenants set forth herein shall not thereby be terminated, but shall be deemed amended to the extent required to render such covenants valid and enforceable.

Executive’s Acknowledgement. It is the express intention of Executive and Employer to comply with sections 15.50 et seq. of the Texas Business and Commerce Code in effect as of the date of execution hereof. Executive stipulates that the provisions of this Agreement are not oppressive or overly burdensome to Executive and will not prevent Executive from earning an income following termination of this Agreement. Executive warrants and represents that: a. Executive is familiar with non-compete and non-solicitation covenants; b. Executive has discussed or acknowledges the opportunity to discuss the provisions of the non-compete and non-solicitation covenants contained herein with Executive's attorney and has concluded that such provisions (including, without limitation, the right to equitable relief and the length of time provided for herein) are fair, reasonable and just under the circumstances; c. Executive is fully aware of the obligations, limitations and liabilities included in the non-compete and non-solicitation covenants contained in this Agreement; d. The scope of activities covered hereby are substantially similar to those activities to be performed by Executive under this Agreement; e. The non-compete and non-solicitation periods in Section 10 and Section 11 are reasonable restrictions, giving consideration to the following factors: (1) Executive and Employer reasonably anticipate that this Agreement, although terminable under certain provisions, will continue in effect for sufficient duration to allow Executive to attain superior bargaining strength and an ability for unfair competition with respect to the customers covered hereby; (2) the duration of such non-compete and non-solicitation periods is a reasonably necessary period to allow Employer to restore its position of equivalent bargaining strength and fair competition with respect to those customers covered hereby; and (3) historically, employees of all types have remained with Employer for a duration of longer than the duration of such non-non- compete and non-solicitation periods; and f. The limitations contained in this Agreement with respect to geographic area, duration and scope of activity are reasonable; however, if any court shall determine that the geographic area, duration or scope of activity of any restriction contained in this Agreement is unenforceable, it is the intention of the parties that such restrictive covenants set forth herein shall not thereby be terminated, but shall be deemed amended to the extent required to render such covenants valid and enforceable.

Executive’s Acknowledgement. It is the express intention of Executive and Employer to comply with sections 15.50 et seq. of the Texas Business and Commerce Code in effect as of the date of execution hereof. Executive stipulates that the provisions of this Agreement are not oppressive or overly burdensome to Executive and will not prevent Executive from earning an income following termination of this Agreement. Executive warrants and represents that: a. Executive is familiar with non-compete and non-solicitation covenants; b. Executive has discussed or acknowledges the opportunity to discuss the provisions of the non-compete and non-solicitation covenants contained herein with Executive's attorney and has concluded that such provisions (including, without limitation, the right to equitable relief and the length of time provided for herein) are fair, reasonable and just under the circumstances; c. Executive is fully aware of the obligations, limitations and liabilities included in the non-compete and non-solicitation covenants contained in this Agreement; d. The scope of activities covered hereby are substantially similar to those activities to be performed by Executive under this Agreement; e. The non-compete and non-solicitation periods in Section 10 9 and Section 11 10 are reasonable restrictions, giving consideration to the following factors: (1) Executive and Employer reasonably anticipate that this Agreement, although terminable under certain provisions, will continue in effect for sufficient duration to allow Executive to attain superior bargaining strength and an ability for unfair competition with respect to the customers covered hereby; (2) the duration of such non-compete and non-solicitation periods is a reasonably necessary period to allow Employer to restore its position of equivalent bargaining strength and fair competition with respect to those customers covered hereby; and (3) historically, employees of all types have remained with Employer for a duration of longer than the duration of such non-compete and non-solicitation periods; and f. The limitations contained in this Agreement with respect to geographic area, duration and scope of activity are reasonable; however, if any court shall determine that the geographic area, duration or scope of activity of any restriction contained in this Agreement is unenforceable, it is the intention of the parties that such restrictive covenants set forth herein shall not thereby be terminated, but shall be deemed amended to the extent required to render such covenants valid and enforceable.