Basis for Non-Solicitation Agreement. Employee understands and agrees that the non-solicitation agreement contained in Section 6.1 is necessary to Employer because Employee has access to, and in order to protect the confidentiality of, Employer’s “Confidential Information” (as that term is defined in Section 6.3 below) from intentional and/or inadvertent disclosure or use upon or after the termination of Employee’s employment with Employer. As consideration, Employer expressly agrees to provide Employee with confidential information during Employee’s employment with Employer.
Basis for Non-Solicitation Agreement. Officer understands and agrees that the non-solicitation agreement contained in Section 6.1 is necessary to Employer because Officer has access to, and in order to protect the confidentiality of, Employer’s Trade Secrets (as that term is defined in Section 6.3 below) from intentional and/or inadvertent disclosure or use upon or after the termination of Officer’s employment with Employer. As consideration, Employer expressly agrees to provide Officer with confidential information during Officer’s employment with Employer.
Basis for Non-Solicitation Agreement. Officer understands and agrees that the non-solicitation agreements contained in Sections 6.1.1 and 6.1.2 are necessary to Employer because Officer has access to, and in order to protect the confidentiality of, Employer’s Trade Secrets (as that term is defined in Section 6.2 below) from intentional and/or inadvertent disclosure or use upon or after the termination of Officer’s employment with Employer. As consideration, Employer expressly agrees to provide Officer with confidential information during Officer’s employment with Employer. The covenants contained in this Section 6.1 shall be considered as a series of separate covenants, one for each entity or individual with respect to whom solicitation is prohibited. If, in any judicial proceeding or arbitration, a court or an arbitrator refuses to enforce any such separate covenants (or any part thereof), then such unenforceable covenant (or such part) shall be eliminated from this Agreement to the extent necessary to permit the remaining separate covenant (or portions thereof) to be enforced. In the event that a provision of this Section 6.1, or any such separate covenant (or portion thereof), is determined to exceed the time, geographic or scope limitations permitted by applicable law, then such provision shall be reformed to the maximum time, geographic or scope limitations, as the case may be, permitted by applicable law. Officer consents, to the extent Officer may lawfully do so, to judicial modification, or, modification by an arbitrator, of this Agreement as described in this Section.
