Common use of Reasonable and Necessary Restrictions Clause in Contracts

Reasonable and Necessary Restrictions. The Executive acknowledges that the restrictions, prohibitions and other provisions hereof, including, without limitation the Restriction Period, are reasonable, fair and equitable in terms of duration, scope and geographic area, are necessary to protect the legitimate business interests of the Company and are a material inducement to the Company to enter into this Agreement.

Appears in 15 contracts

Samples: Employment Agreement (LCC International Inc), Employment Agreement (LCC International Inc), Employment Agreement (Coldwater Creek Inc)

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Reasonable and Necessary Restrictions. The Executive acknowledges that the restrictions, prohibitions and other provisions hereof, including, without limitation limitation, the Restricted Area, the Restriction PeriodPeriod and the restriction period set forth in Section 2, are reasonable, fair and equitable in terms of duration, scope and geographic area, are necessary to protect the legitimate business interests of the Company REIT, and are a material inducement to the Company to enter into this Agreement and the Employment Agreement.

Appears in 13 contracts

Samples: Form of Noncompetition Agreement (Kite Realty Group Trust), Noncompetition Agreement (Kite Realty Group Trust), Kite Noncompetition Agreement (Kite Realty Group Trust)

Reasonable and Necessary Restrictions. The Executive acknowledges that the restrictions, prohibitions and other provisions hereof, including, without limitation limitation, the Restriction PeriodRestricted Period set forth in Section 2, are reasonable, fair and equitable in terms of duration, scope and geographic area, are necessary to protect the legitimate business interests of the Company REIT, and are a material inducement to the Company to enter into this Agreement and the Employment Agreement.

Appears in 12 contracts

Samples: Noncompetition Agreement (U-Store-It Trust), Noncompetition Agreement (U-Store-It Trust), Noncompetition Agreement (U-Store-It Trust)

Reasonable and Necessary Restrictions. The Executive acknowledges that the restrictions, prohibitions and other provisions hereof, including, without limitation the Restriction Period, in this Section are reasonable, fair fair, equitable and equitable necessary in terms of duration, scope and geographic area, are necessary area to protect the legitimate business interests of the Company Company, and are a material inducement to the Company to enter into this Agreement.. Executive further acknowledges that while the noncompete obligations of this Section 13 restrict Executive in regard to direct competitors of the Company, such restrictions do not unreasonably restrict or prohibit Executive from obtaining and earning a living within the scope of Executive’s experience,

Appears in 4 contracts

Samples: Severance and Change of Control Agreement (Coldwater Creek Inc), Severance and Change of Control Agreement (Coldwater Creek Inc), Severance and Change of Control Agreement (Coldwater Creek Inc)

Reasonable and Necessary Restrictions. The Executive acknowledges that the restrictions, prohibitions and other provisions hereof, including, without limitation limitation, the Restriction PeriodRestricted Period set forth in Section 1 and the restrictions set forth in Section 2, are reasonable, fair and equitable in terms of duration, scope and geographic area, are necessary to protect the legitimate business interests of the Company REIT, and are a material inducement to the Company to enter into this Agreement and the Employment Agreement.

Appears in 4 contracts

Samples: Noncompetition Agreement (CubeSmart, L.P.), Noncompetition Agreement (U-Store-It Trust), Noncompetition Agreement (U-Store-It Trust)

Reasonable and Necessary Restrictions. The Executive acknowledges that the restrictions, prohibitions and other provisions hereof, including, without limitation limitation, the Restriction PeriodRestricted Period set forth in Section 2 and the restrictions set forth in Sections 2 and 3, are reasonable, fair and equitable in terms of duration, scope and geographic area, are necessary to protect the legitimate business interests of the Company REIT, and are a material inducement to the Company to enter into this Agreement.

Appears in 3 contracts

Samples: Cubesmart 2007 Equity Incentive Plan (CubeSmart, L.P.), Cubesmart 2007 Equity Incentive Plan (CubeSmart, L.P.), Cubesmart 2007 Equity Incentive Plan (CubeSmart, L.P.)

Reasonable and Necessary Restrictions. The Executive acknowledges ------------------------------------- that the restrictions, prohibitions and other provisions hereof, including, including without limitation the Restriction Territory and Restricted Period, are reasonable, fair and equitable in scope, terms of and duration, scope and geographic area, are necessary to protect the legitimate business interests of the Company Company, and are a material inducement to the Company to enter into the transactions contemplated in the recitals hereto. Executive covenants that he will not challenge the enforceability of this AgreementAgreement nor will he raise any equitable defense to its enforcement.

Appears in 2 contracts

Samples: Noncompetition Agreement (Weeks Corp), Noncompetition Agreement (Weeks Corp)

Reasonable and Necessary Restrictions. The Executive acknowledges that the restrictions, prohibitions prohibitions, and other provisions hereof, including, without limitation the Restriction Periodthose contained in Sections 6.1, 6.2, 6.3, and 6.4 are reasonable, fair fair, and equitable in terms of duration, scope scope, and geographic area, are necessary to protect the legitimate business interests of the Company Company, and are a material inducement to the Company to enter into this Agreement.

Appears in 2 contracts

Samples: Employment Agreement (Ciber Inc), Employment Agreement (Ciber Inc)

Reasonable and Necessary Restrictions. The Executive acknowledges that the restrictions, prohibitions and other provisions hereof, including, without limitation the Restriction Periodthose contained in Sections 6.1, 6.2, 6.3 and 6.4 are reasonable, fair and equitable in terms of duration, scope and geographic area, are necessary to protect the legitimate business interests of the Company and are a material inducement to the Company to enter into this Agreement.

Appears in 2 contracts

Samples: David Peterschmidt Employment Agreement (Ciber Inc), David Peterschmidt Employment Agreement (Ciber Inc)

Reasonable and Necessary Restrictions. The Executive acknowledges that the restrictions, prohibitions and other provisions hereof, including, without limitation the Restriction Period, of this Section 1 are reasonable, fair and equitable in scope, terms of and duration, scope and geographic area, are necessary to protect the legitimate business interests of the Company Company, and are a material inducement to the Company to enter into this AgreementCompany's employment of Executive.

Appears in 1 contract

Samples: Noncompetition Agreement (Vornado Realty Trust)

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Reasonable and Necessary Restrictions. The Executive acknowledges that the restrictions, prohibitions and other provisions hereof, including, without limitation limitation, the Restriction Period, are reasonable, fair and equitable in terms of duration, scope and geographic area, ; are necessary to protect the legitimate business interests of the Company Company; and are a material inducement to the Company to enter into this Agreement.

Appears in 1 contract

Samples: Executive Retention Agreement (American Community Properties Trust)

Reasonable and Necessary Restrictions. The Executive acknowledges that the restrictions, prohibitions and other provisions hereof, including, without limitation limitation, the Restriction PeriodRestricted Period set forth in Section 1, are reasonable, fair and equitable in terms of duration, scope and geographic area, as are necessary to protect the legitimate business interests of the Company Quality Companies, and are a material inducement to the Company these parties to enter into this Agreement.

Appears in 1 contract

Samples: Employment Agreement (QTS Realty Trust, Inc.)

Reasonable and Necessary Restrictions. The Executive acknowledges that the restrictions, prohibitions and other provisions hereof, including, without limitation the Restriction Period, in this Section are reasonable, fair fair, equitable and equitable necessary in terms of duration, scope and geographic area, are necessary area to protect the legitimate business interests of the Company Company, and are a material inducement to the Company to enter into this Agreement.. Executive further acknowledges that while the noncompete obligations of this Section 13 restrict Executive in regard to direct competitors of the Company, such restrictions do not unreasonably restrict or prohibit Executive from obtaining and earning a living within the scope of Executive's experience,

Appears in 1 contract

Samples: Severance and Change of Control Agreement (Coldwater Creek Inc)

Reasonable and Necessary Restrictions. The Executive acknowledges that the restrictions, prohibitions and other provisions hereof, including, without limitation the Restriction Period, hereof are reasonable, fair and equitable in scope, terms of and duration, scope and geographic area, are necessary to protect the legitimate business interests of the Company Company, and are a material inducement to the Company to enter into the transactions contemplated in the recitals hereto. Executive covenants that he will not challenge the enforceability of this AgreementAgreement nor will he raise any equitable defense to its enforcement.

Appears in 1 contract

Samples: Noncompetition Agreement (Grove Real Estate Asset Trust)

Reasonable and Necessary Restrictions. The Executive acknowledges that the restrictions, prohibitions and other provisions hereof, including, without limitation the Restriction Period, in this Section are reasonable, fair fair, equitable and equitable necessary in terms of duration, scope and geographic area, are necessary area to protect the legitimate business interests of the Company Company, and are a material inducement to the Company to enter into this Agreement.. Executive further acknowledges that while the noncompete obligations of this Section 9 restrict Executive in regard to businesses which are engaged in Direct Competition with the Company, such restrictions do not unreasonably restrict or prohibit Executive from obtaining and earning a living within the scope of Executive's experience,

Appears in 1 contract

Samples: Severance and Change of Control Agreement (Coldwater Creek Inc)

Reasonable and Necessary Restrictions. The Executive acknowledges that ------------------------------------- the restrictions, prohibitions and other provisions hereof, including, including without limitation the Restriction Territory and Restricted Period, are reasonable, fair and equitable in scope, terms of and duration, scope and geographic area, are necessary to protect the legitimate business interests of the Company Company, and are a material inducement to the Company to enter into the transactions contemplated in the recitals hereto. Executive covenants that he will not challenge the enforceability of this AgreementAgreement nor will he raise any equitable defense to its enforcement.

Appears in 1 contract

Samples: Noncompetition Agreement (Weeks Corp)

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