Necessity and Reasonableness. Executive agrees that the restrictions set forth herein are necessary to prevent the use and disclosure of Sears Confidential Information and to otherwise protect the legitimate business interests of Sears and Sears Affiliates. Executive further agrees and acknowledges that the provisions of this Agreement are reasonable.
Necessity and Reasonableness. Executive agrees that the restrictions set forth herein are necessary to prevent the use and disclosure of OSH Confidential Information and to otherwise protect the legitimate business interests of OSH and OSH Affiliates. Executive further agrees and acknowledges that the provisions of this Agreement are reasonable.
Necessity and Reasonableness. Executive agrees that the restrictions set forth herein are necessary to prevent the use and disclosure of SHO Confidential Information and to otherwise protect the legitimate business interests of SHO. Executive further agrees and acknowledges that the provisions of this Agreement are reasonable.
Necessity and Reasonableness. You agree that the restrictions set forth herein are necessary to prevent the use and disclosure of Sears Confidential Information and to otherwise protect the legitimate business interests of Sears. You further agree and acknowledge that the provisions of this Agreement are reasonable, in particular the definition of “Sears Competitor”. You further recognize and expressly acknowledge that: (i) the application of Section 4 of this Agreement will not have the effect of prohibiting you from earning a living in a satisfactory manner in the event of the termination your employment for any reason, and (ii) Sears would be subject to an irreparable prejudice should one or several of the provisions of Section 4 be infringed.
Necessity and Reasonableness. Executive agrees that the restrictions set forth herein are necessary to prevent the use and disclosure of Seritage Confidential Information and to otherwise protect the legitimate business interests of Seritage. Executive further agrees and acknowledges that the provisions of this Agreement are reasonable.
Necessity and Reasonableness. Sellers hereby specifically acknowledge, agree and represent to Buyer as a material inducement for Buyer to enter into this Agreement:
Necessity and Reasonableness. The parties hereto hereby specifically acknowledge, agree and represent to each other as a material inducement for their entering into this Agreement:
Necessity and Reasonableness. Xxxxxxx, Century AC, Air Management, and the Company each acknowledges, agrees and represents that as a material inducement for the other to enter into this Agreement and the Merger Agreement:
Necessity and Reasonableness. You agree that the restrictions set forth herein are necessary to prevent the use and disclosure of Sears Confidential Information and to otherwise protect the legitimate business interests of Sears. You further agree and acknowledge that the provisions of this Agreement are reasonable, in particular the definition of “Sears Competitor”. You further recognize and expressly acknowledge that: (i) the application of Section 5 of this Agreement will not have the effect of prohibiting you from earning a living in a satisfactory manner in the event of the cessation of your employment, (ii) Sears would be subject to an irreparable prejudice should one or several of the provisions of Section 5 be infringed, and (iii) in the event of any breach, Sears shall be authorized and entitled to obtain from any court of competent jurisdiction interim and permanent injunctive relief and an accounting of all profits and benefits arising out of such violation, which rights and remedies shall be cumulative and in addition to any other rights, damages or remedies to which Sears might otherwise be entitled.
Necessity and Reasonableness. Seller Stockholder and Incomnet hereby specifically acknowledge, agree and represent to Ciera and GlobalCom as a material inducement to enter into this Agreement:
