Executive Representations. Executive represents to the Company that the execution of this Agreement by Executive and the Company and the performance by Executive of Executives duties hereunder will not breach, or otherwise contravene, the terms of any employment agreement or other agreement or policy to which Executive is a party or otherwise bound. Executive acknowledges that she has had the opportunity to discuss this matter with and obtain advice from his private attorney, has had sufficient time to, and has carefully read and fully understands all the provisions of this Agreement, and is knowingly and voluntarily entering into this Agreement.
Executive Representations.Representation. The Executive represents and warrants to the CompanyCompany, and the Executive acknowledges that the executionCompany has relied on such representations and warranties in offering to employ the Executive, that neither the Executives duties as an employee of the Company nor his performance of this Agreement by Executive and the Company and the performance by Executive of Executives duties hereunder will not breach, or otherwise contravene, the terms ofbreach any employment agreement or other agreement or policy to which the Executive is a partyparty, including without limitation, any agreement limiting the use or otherwise bound.disclosure of any information acquired by the Executive prior to his employment by the Company. In addition, the Executive represents and warrants and acknowledges that shethe Company has hadrelied on such representations and warranties in employing the opportunityExecutive that he has not entered into, and will not enter into, any agreement, either oral or written, in conflict herewith. If it is determined that the Executive is in breach or has breached any of the representations set forth herein, the Company shall have the right to discuss this matter with and obtain advice from his private attorney, has had sufficient time to, and has carefully read and fully understands allterminate the provisions of this Agreement, and is knowingly and voluntarily entering into this Agreement.Executives employment for Cause.
ExecutiveExecutive’s Representations. Executive hereby represents and warrants to the Company thatthat: # Executive has the executionlegal capacity to enter into and perform this Agreement; # the execution, delivery and performance of this Agreement by Executive does not and the Company and the performance by Executive of Executives duties hereunder willshall not conflict with, breach, violate or otherwise contravene, the terms ofcause a default under any employment agreementcontract, agreement, instrument, order, judgment or other agreement or policydecree to which Executive is a party or by which Executive is bound; # Executive is not subject to or bound by any employment or severance agreement with, or any non-compete, non-solicit, confidentiality or other restrictive agreement with or restrictive covenant to, any other Person that shall prevent, restrict, or otherwise bound. Executive acknowledges that she has hadinterfere with Executive’s employment with the opportunity to discuss this matter withCompany or the performance of Executive’s duties hereunder; and obtain advice from his private attorney, has had sufficient time to,# upon the execution and has carefully read and fully understands all the provisionsdelivery of this Agreement,Agreement by the Company, this Agreement shall be a valid and is knowinglybinding obligation of Executive, enforceable against Executive in accordance with the terms of this Agreement. Executive agrees to indemnify, defend and voluntarily entering intohold harmless the Company and its respective employees, officers, directors, managers, partners, stockholders, members, successors, and assigns from and against and be liable for all damages sustained or incurred by any such Person to the extent caused by, arising out of, resulting from or attributable to a breach or any inaccuracy of Executive’s representations and warranties under this Agreement.Section 8.
ExecutiveExecutive’s Representations. Executive representshereby represents, warrants and covenants to the Company that # the executionexecution, delivery and performance of this Agreement by Executive do not and the Company and the performance by Executive of Executives duties hereunder willshall not conflict with, breach, violate or otherwise contravene, the terms ofcause a default under any employment agreementcontract, agreement, instrument, order, judgment or other agreement or policydecree to which Executive is a party or otherwise bound.by which Executive is bound, # other than this Agreement or other agreements or arrangements with the Company Group, Executive is not a party to or bound by any employment agreement, noncompete agreement, nonsolicitation agreement or confidentiality agreement with any other Person, # Executive shall not use any confidential information or trade secrets of any third party in connection with the performance of Executive’s duties hereunder, and # this Agreement constitutes a valid and binding obligation of Executive, enforceable against Executive in accordance with its terms. Executive acknowledges that sheExecutive has carefully read this Agreement and has given careful consideration to the restraints imposed upon Executive by this Agreement, and is in full accord as to their necessity. Executive expressly acknowledges and agrees that each and every restraint imposed by this Agreement is reasonable with respect to the subject matter, time period and geographical area and that, notwithstanding such restraints, Executive will be able to make a living during the period of any such restraint. Executive hereby acknowledges and represents that Executive has had the opportunity to discussconsult with independent legal counsel regarding Executive’s rights and obligations under this matter withAgreement and obtain advice from his private attorney, has had sufficient time to, and has carefully read andthat Executive fully understands all the provisions of this Agreement,terms and is knowingly and voluntarily entering into this Agreement.conditions contained herein.
Representations. The Executive Representations.agrees to execute any proper oath or verify any proper document required to carry out the terms of this Agreement. The Executive represents tothat Executive’s performance of all the Company that the executionterms of this Agreement will not breach any agreement to keep in confidence proprietary information acquired by the Executive in confidence or in trust prior to the Executive’s employment by the Company. The Executive has not entered into, and the Executive agrees the Executive will not enter into, any oral or written agreement in conflict herewith and the Executive’s employment by the Company and the performance by Executive of ExecutiveExecutive’s duties hereunderservices to the Company will not breach, or otherwise contravene,violate the terms of any employmentoral or written agreement or other agreement or policy to which the Executive is a party or otherwise bound. Executive acknowledges that she has had the opportunity to discuss this matter with and obtain advice from his private attorney, has had sufficient time to, and has carefully read and fully understands all the provisions of this Agreement, and is knowingly and voluntarily entering into this Agreement.party.
Executive Representations.The Executive represents and warrants to the CompanyCompany, that he has the full power and authority to enter into this Agreement and to perform his obligations hereunder and that the execution and delivery of this Agreement by Executive and the Company and the performance by Executive of Executives dutieshis obligations hereunder will not breach, or otherwise contravene, the terms ofconflict with any employment agreement or other agreement or policy to which the Executive is a party or otherwise bound. Executive acknowledges that she has had the opportunity to discuss this matter with and obtain advice from his private attorney, has had sufficient time to, and has carefully read and fully understands all the provisions of this Agreement, and is knowingly and voluntarily entering into this Agreement.party.
Executive Representations.Representation of Executive: The Executive represents to the Companyand warrants that neither the execution and delivery of thisthe Agreement by Executive and the Company andnor the performance by Executive of Executiveshis duties hereunder will not breach, or otherwise contravene,violates the termsprovisions of any employment agreement or other agreement or policy to which Executivehe is a party or otherwiseby which he is bound. Executive acknowledges that she has had the opportunity to discuss this matter with and obtain advice from his private attorney, has had sufficient time to, and has carefully read and fully understands all the provisions of this Agreement, and is knowingly and voluntarily entering into this Agreement.
Executive Representations.The Executive represents and warrants to the Company that the execution of this Agreement by Executivehim and the Company and thehis performance by Executive of Executives dutieshis obligations hereunder will not breach,not, with or otherwise contravene,without the termsgiving of notice or the passage of time or both, conflict with, result in the breach of any employmentprovision of or the termination of, or constitute a default under, any agreement or other agreement or policy to which the Executive is a party or otherwiseby which the Executive is or may be bound. Executive acknowledges that she has had the opportunity to discuss this matter with and obtain advice from his private attorney, has had sufficient time to, and has carefully read and fully understands all the provisions of this Agreement, and is knowingly and voluntarily entering into this Agreement.
Representation by Executive. Executive Representations. Executivehereby represents and warrants to Company that, as of the Company that the execution of this Agreement by Executive and the Company and the performance by Executive of Executives duties hereunder willEffective Date, he is not breach, or otherwise contravene, the terms ofparty to any employment agreement or other agreement or policyobligation with or to any third party which Executive is a party or otherwise bound. Executive acknowledges that she has had the opportunity to discuss this matterwould preclude him from employment with Company and obtain advice fromperforming his private attorney, has had sufficient time to, and has carefully read and fully understands all the provisions of this Agreement, and is knowingly and voluntarily entering intoobligations under this Agreement.
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