Common use of Uniqueness Clause in Contracts

Uniqueness. 8.1. In signing this Agreement, Employee gives the Company assurance that Employee has carefully read and considered all the terms and conditions of Article VII, Article IX, and/or Article X. Employee agrees that these restraints are necessary for the reasonable and proper protection of the Company and its affiliates and their trade secrets and Confidential Information and that each and every one of the restraints is reasonable in respect to subject matter, length of time and geographic area, and that these restraints, individually or in the aggregate, will not prevent Employee from obtaining other suitable employment during the period in which Employee is bound by the restraints. Employee acknowledges that each of these covenants has a unique, very substantial and immeasurable value to the Company and its affiliates, that Employee has sufficient assets and skills to provide a livelihood while such covenants remain in force and that, as a result of the foregoing, in the event that Employee breaches such covenants, monetary damages would be an insufficient remedy for the Company and equitable enforcement of the covenant would be proper. Employee therefore agrees that the Company, in addition to any other remedies available to it, will be entitled to preliminary and permanent injunctive relief against any breach by Employee of any of those covenants, without the necessity of showing actual monetary damages or the posting of a bond or other security. Employee and the Company further agree that, in the event that any provision of Article VII, Article IX, and/or Article X is determined by any court of competent jurisdiction to be unenforceable, that provision will be deemed to be modified to permit its enforcement to the maximum extent permitted by law. Employee further covenants that Employee will not challenge the reasonableness or enforceability of any of the covenants set forth in Article VII, Article IX, and/or Article X. It is also agreed that each of the Company’s affiliates will have the right to enforce all of Employee’s obligations to that affiliate under this Article VII, Article IX, and/or Article X. The provisions of Article VII, Article IX, and/or Article X shall survive the termination, for any reason, of this Agreement or Employee’s employment, unless the Change in Control Agreement governs as provided in Section 4.3.