Legitimate Business Interests. The Executive recognizes that the Company has legitimate business interests to protect and as a consequence, the Executive agrees to the restrictions contained in this Agreement because they further the Company’s legitimate business interests. These legitimate business interests include, but are not limited to (i) trade secrets, (ii) valuable confidential business, technical, and/or or professional information that otherwise does not qualify as trade secrets, including, but not limited to, all Confidential Information; (iii) substantial, significant, or key, relationships with specific prospective or existing Customers, subjects, vendors or suppliers; (iv) Customer goodwill associated with the Company’s business; and (v) specialized training relating to the Company’s technology, methods, operations and procedures.
Legitimate Business Interests. Executive acknowledges and agrees that in the performance of his duties of employment with the Bank Group, he will be in contact with customers, potential customers and/or information about customers or potential customers of the Bank Group either in person, through the mails, by telephone or by other electronic means. Executive also acknowledges and agrees that trade secrets and confidential information of the Bank Group, more fully described in Section 10 of this Agreement, that will be gained by Executive during his employment with the Bank Group, have been developed by the Bank Group through substantial expenditures of time, effort and financial resources and constitute valuable and unique property of the Bank Group. Executive further understands, acknowledges and agrees that the foregoing makes it necessary for the protection of the Bank Group’s businesses that Executive not divert business or customers from the Bank Group and that the Executive maintain the confidentiality and integrity of the Confidential Information as provided in this Agreement.
Legitimate Business Interests. The Second Party further recognizes and agrees that the Company will suffer irreparable injury in the event of Second Party's breach of any covenant or agreement contained in this Agreement and cannot be compensated by monetary damages alone. Accordingly, the Second Party agrees that, in addition to and without limiting any other remedies or rights that the Company may have, the Company shall have the right to obtain injunctive relief, both temporary and permanent, against the Second Party from any court of competent jurisdiction. In addition to said injunctive relief, the Company shall also be entitled to seek damages, including, but not limited to, compensatory, incidental, consequential, exemplary, and lost profits damages. Second Party agrees to pay the Company's reasonable attorney's fees and costs for enforcement of this Agreement, if the Second Party breaches this Agreement.
Legitimate Business Interests. Executive acknowledges that the Company and its affiliates have Legitimate Business Interests which the Company seeks to protect by the restrictive covenants set forth in this Section 11(e). For purposes of this Agreement, “Legitimate Business Interests” means the Company’s interests in (A) protecting its proprietary, confidential, and/or trade secret information, including but not limited to client and customer strategies and business plans, client pursuits, general business operations, business processes, margins, multiplier, cost, labor rates, profits, pricing, estimating practices, fee projections, insurance, bonding, contracts, bids, proposals, plans, specifications, drawings, technical processes, products, and research and development, (B) protecting its goodwill associated with client and customer relationships, and (C) preventing unfair competition with it based on Executive’s use or knowledge of proprietary, confidential, and/or trade secret information of the Company.
Legitimate Business Interests. The Executive has carefully read and considered the provisions of this Section 6 and, having done so, agrees that the restrictions set forth herein, including, without limitation, the time and geographic restrictions set forth above, are fair and reasonable and are reasonably required for the protection of the legitimate business interests and goodwill of the Company.
Legitimate Business Interests. The Company is entitled to protection of its legitimate business interests, and the parties agree that these interests include without limitation: the Company's confidential business and professional information; the Company's substantial relationships with existing or prospective clients and customers, prospects and referral sources; the Company's trade secrets; the Company's patented and unpatented technology and user manuals; marketing plans; and business strategies. The parties further agree that the Company has a legitimate business interest in its employees and independent contractors who are an integral part of its business and a valuable resource due to the Company's substantial investment in the training of its employees and independent contractors. The parties further agree that the Company has a legitimate business interest in client and referral source goodwill associated with the marketing area in the United States. The parties agree that the Restrictive Covenants in this Section 12 are reasonably necessary to protect these legitimate business interests.
Legitimate Business Interests. Bank is entitled to protection of its legitimate business interests, and the parties agree that these interests include without limitation: Bank’s confidential business and professional information; and Bank’s substantial relationships with existing or specific prospective customers and referral sources. The parties further agree that Bank has a legitimate business interest in customer referral goodwill associated with its trade name and its marketing area with a fifty (50) mile radius of its offices and branches.
Legitimate Business Interests. Each Party understands and acknowledges that the provisions of this Section 8.3 are designed to preserve the legitimate business interests and goodwill of the Parties. Accordingly, each Party hereby acknowledges that any breach or threatened breach of the provisions of this Section 8.3 hereof will result in irreparable harm and injury to the other Party and that monetary damages will not provide an adequate remedy to a Party. Accordingly, each Party hereby agrees that in the event of a breach or threatened breach of the provisions of this Section 8.3 hereof, the prevailing Party shall be entitled to relief, including without limitation: (1) to the extent the Seller is in breach, then a temporary restraining order, preliminary injunction and permanent injunction to enjoin such breach or threatened breach; and (b) recover from the non-prevailing Party the reasonable attorneys’ fees and costs incurred by the prevailing Party in accordance with Section 11.4.
Legitimate Business Interests. After discussion and consultation or the opportunity to consult with their respective attorneys, the parties agree that the Brightstar Parties have a legitimate business interest, which must be protected under this Agreement. It is further acknowledged between the parties hereto that the provisions contained in this Agreement are reasonable in terms of scope, time and geographical location, that the restrictions contained herein are reasonable restraints upon Seller and further acknowledge that any violation of the terms of the covenants contained in this Agreement could have a substantial detrimental effect on the legitimate business interests of the Brightstar Parties. Seller has carefully considered the nature and extent of the restrictions imposed upon it and the rights and remedies conferred upon the Brightstar Parties under the provisions of this Agreement and hereby acknowledges and agrees that same are designed to and are required to protect the legitimate business interests of the Brightstar Parties, and do not confer a benefit upon the Brightstar Parties disproportionate to the detriment of Seller.
Legitimate Business Interests. The Executive acknowledges that (i) the Company engages in the competitive cruise business; (ii) the Executive's services hereunder are of a special, unique, extraordinary and intellectual character; (iii) the Executive's position with the Company places him in a position of confidence and trust with the employees and customers of the Company; (iv) the Executive's position with the Company provides him with access to Confidential Information of the Company, which is valuable and material to the business and competitive position of the Company; and (v) during the Executive's employment with the Company, the Executive will continue to develop a personal relationship with the Company's employees and customers. Therefore, the Executive agrees that it is reasonable and necessary for the protection and goodwill and business of the Company that Executive make the covenants contained herein, that the covenants are a material inducement for the Company to enter into this Agreement, and that the covenants are given as an integral part of this Agreement.