Common use of Reasonable Scope and Duration Clause in Contracts

Reasonable Scope and Duration. Employee understands and acknowledges that the covenants contained in this Agreement, including without limitation Article VI, are given in addition to similar covenants of Employee under the Purchase Agreement. Employee further represents that the said covenants are fair and reasonable as to time, area and scope of restricted activity and are required for the fair and reasonable protection of the business of Company in light of Employee’s prior and continuing relationship with Company. Employee further acknowledges that without the restrictions imposed by his covenants provided herein including but not limited to his future activities imposed by the said covenants, the business of Company would suffer irreparable and immeasurable harm. Each covenant of Employee set forth herein shall be construed as an agreement independent of any other provision of this Agreement, and the existence of any claim or cause of action whether predicated on this Agreement, or otherwise, shall not constitute a defense to the enforcement by Company of the said covenants, and any court having jurisdiction shall have the power to reduce the duration and/or area of any such restriction, such that and in its reduced form, such covenant(s) may and shall be enforceable. In the event of a breach or violation by Employee of any of the provisions of Article VI, the Restricted Period described above shall be tolled until such breach or violation has been duly cured.