Necessary Terms Clause Samples

Necessary Terms. The Parties acknowledge and agree that (i) the covenants and restrictions contained in this Agreement are necessary, fundamental, and required for the protection of legitimate business interests of the Employer; (ii) such covenants and restrictions relate to matters which are of a special, unique, and extraordinary character; (iii) such covenants and restrictions are reasonable as to the time limits, geographical area and scope of activity to be restrained; (iv) such covenants and restrictions do not impose a greater restraint than is necessary to protect the goodwill or other business interests of the Employer; and (v) a breach of any such covenants or restrictions will result in irreparable harm and damages to the Employer, which cannot be adequately compensated by a monetary award. Accordingly, the Parties expressly agree that in the event of an actual or threatened breach by the Practitioner of the obligations not to disclose or use Confidential Information or to solicit or compete contained in this Agreement, the Employer shall be entitled to a temporary restraining order and/or an injunction to specifically enforce the provisions of this Agreement. Furthermore, nothing herein shall be construed as prohibiting compensation to the Employer for such breach or threatened breach, including the recovery of damages from the Practitioner and for reasonable attorneys’ fees.