Executive’s Representations. Executive hereby represents and warrants to the Company that: # Executive has the legal capacity to enter into and perform this Agreement; # the execution, delivery and performance of this Agreement by Executive does not and shall not conflict with, breach, violate or cause a default under any contract, agreement, instrument, order, judgment or decree 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 interfere with Executive’s employment with the Company or the performance of Executive’s duties hereunder; and # upon the execution and delivery of this Agreement by the Company, this Agreement shall be a valid and binding obligation of Executive, enforceable against Executive in accordance with the terms of this Agreement. Executive agrees to indemnify, defend and hold 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 [Section 8].
Executive’s Representations. Executive hereby representsrepresents, warrants and warrantscovenants to the Company that: # Executive has the legal capacity to enter into and perform this Agreement;that # the execution, delivery and performance of this Agreement by Executive doesdo not and shall not conflict with, breach, violate or cause a default under any contract, agreement, instrument, order, judgment or decree to which Executive is a party or by which Executive is bound;bound, # other than this Agreement or other agreements or arrangements with the Company Group, Executive is not subjecta party to or bound by any employment agreement, noncompete agreement, nonsolicitation agreement or severance agreement with, or any non-compete, non-solicit, confidentiality or other restrictive agreement with or restrictive covenant to, any other Person thatPerson, # Executive shall prevent, restrict,not use any confidential information or otherwise interferetrade secrets of any third party in connection with Executive’s employment with the Company or the performance of Executive’s duties hereunder;hereunder, and # upon the execution and delivery of this Agreement by the Company, this Agreement shall beconstitutes a valid and binding obligation of Executive, enforceable against Executive in accordance with its terms. Executive acknowledges that Executive 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 consult with independent legal counsel regarding Executive’s rights and obligations under this Agreement and that Executive fully understands the terms of this Agreement. Executive agrees to indemnify, defend and hold 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 [Section 8].conditions contained herein.
Executive’sExecutive Representations. Executive hereby represents and warrants to the Company that: # Executive hasthat the legal capacity to enter into and perform this Agreement; # the execution, delivery and performanceexecution of this Agreement by Executive doesand the Company and the performance by Executive of Executives duties hereunder will not and shall not conflict with, breach, violate or cause a default underotherwise contravene, the terms of any contract, agreement, instrument, order, judgmentemployment agreement or decreeother agreement or policy to which Executive is a party or by whichotherwise bound. Executive is bound; # Executive is not subjectacknowledges that she has had the opportunity to or bound by any employment or severance agreement with, or any non-compete, non-solicit, confidentiality or other restrictive agreementdiscuss this matter with or restrictive covenantand obtain advice from his private attorney, has had sufficient time to, any other Person that shall prevent, restrict, or otherwise interfere with Executive’s employment withand has carefully read and fully understands all the Company or the performance of Executive’s duties hereunder; and # upon the execution and deliveryprovisions of this Agreement by the Company,Agreement, and is knowingly and voluntarily entering into this Agreement shall be a valid and binding obligation of Executive, enforceable against Executive in accordance with the terms of this Agreement. Executive agrees to indemnify, defend and hold 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 [Section 8].
Executive’s Representations.Representation. The Executive hereby represents and warrants to the Company, and the Executive acknowledges that the Company that: # Executive has relied on such representations and warranties in offering to employ the legal capacity to enter into and perform this Agreement; #Executive, that neither the execution, delivery andExecutives duties as an employee of the Company nor his performance of this Agreement by Executive does not and shall not conflict with, breach, violate or cause a default underwill breach any contract, agreement, instrument, order, judgment or decreeother agreement to which the Executive is a partyparty, including without limitation, any agreement limiting the use or disclosure of any information acquired by whichthe Executive is bound; #prior to his employment by the Company. In addition, the 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 Personrepresents and warrants and acknowledges that shall prevent, restrict, or otherwise interfere with Executive’s employment with the Company or the performance of Executive’s duties hereunder; and # upon the execution and delivery of this Agreement by the Company, this Agreement shall be a valid and binding obligation of Executive, enforceable against Executive in accordance with the terms of this Agreement. Executive agrees to indemnify, defend and hold 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 anyhas relied on 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 [Section 8].in employing the Executive 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 terminate the Executives employment for Cause.
Executive’s Representations.Representation and Warranty. Executive hereby represents and warrants to the Company that: # Executive has the legal capacity to enter into and perform this Agreement; # the execution, delivery and performance of this Agreement by Executive does not and shall not conflict with, breach, violate or cause a default under any contract, agreement, instrument, order, judgment or decree to which Executive is a party or by which Executive is bound; # Executivethat he 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,competition provision of any other Person that shall prevent, restrict,agreement or otherwise interfere with Executive’s employment withobligation restricting his ability fully to act hereunder. Executive hereby indemnifies and holds the Company harmless against any losses, claims, expenses (including attorneys fees), damages or the performance of Executive’s duties hereunder; and # upon the execution and delivery of this Agreementliabilities incurred by the Company, this Agreement shall beCompany as a valid and binding obligationresult of Executive, enforceable against Executive in accordance with the terms of this Agreement. Executive agrees to indemnify, defend and hold 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 representationsthe foregoing representation and warranties under this [Section 8].warranty.
Executive’s Representations.Representations and Warranties of the Executive. The Executive hereby represents and warrants to the Company that:that # Executive has the legal capacity to enter into and perform this Agreement; # the execution, delivery and performance of this Agreement by Executive does not and shall not conflict with, breach, violate or cause a default under any contract, agreement, instrument, order, judgment or decree 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 interfere with Executive’s employment with the Company or the performance of Executive’s duties hereunder; and # upon the execution and delivery of this Agreement by the Company, this Agreement shall be a validlegal, valid, and binding obligation of Executive,obligation, enforceable against the Executive in accordance with its terms and # the terms of this Agreement. Executive agrees to indemnify, defend and hold 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 sustainedhas no right, title, interest, or incurred byclaim in, to, or under 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 [Section 8].Confidential Information.
Executive’s Representations.The Executive hereby represents and warrants to the Company that: # ExecutiveCompany, that he has the legal capacityfull power and authority to enter into and perform this Agreement; # the execution, delivery and performance of this Agreement by Executive does not and shall not conflict with, breach, violate or cause a default under any contract, agreement, instrument, order, judgment or decree 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 Personperform his obligations hereunder and that shall prevent, restrict, or otherwise interfere with Executive’s employment with the Company or the performance of Executive’s duties hereunder; and # upon the execution and delivery of this Agreement byand the Company, this Agreement shall beperformance of his obligations hereunder will not conflict with any agreement to which the Executive is a valid and binding obligation of Executive, enforceable against Executive in accordance with the terms of this Agreement. Executive agrees to indemnify, defend and hold 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 [Section 8].party.
Executive’s Representations. The Executive hereby represents and warrantsagrees to the Company that: # Executive has the legal capacityexecute any proper oath or verify any proper document required to enter into and perform this Agreement; # the execution, delivery and performance of this Agreement by Executive does not and shall not conflict with, breach, violate or cause a default under any contract, agreement, instrument, order, judgment or decree 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 interfere with Executive’s employment with the Company or the performance of Executive’s duties hereunder; and # upon the execution and delivery of this Agreement by the Company, this Agreement shall be a valid and binding obligation of Executive, enforceable against Executive in accordance withcarry out the terms of this Agreement. The Executive represents that Executive’s performance of all the terms 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 to indemnify, defendthe Executive will not enter into, any oral or written agreement in conflict herewith and hold harmlessthe Executive’s employment by 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 Personthe Executive’s services to the extent caused by, arising out of, resulting fromCompany will not violate the terms of any oral or attributablewritten agreement to which the Executive is a breach or any inaccuracy of Executive’s representations and warranties under this [Section 8].party.
Executive’s Representations.The Executive hereby represents and warrants to the Company that: # Executive hasthat the legal capacity to enter intoexecution and perform this Agreement; # the execution, delivery and performance of this Agreement by Executive does not and the fulfillment of the terms hereof # shall not constitute a default under, or conflict with, breach, violateany agreement or cause a default under any contract, agreement, instrument, order, judgment or decreeother instrument to which the Executive is a party or by which the 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 interfere with Executive’s employment with the Company or the performance of Executive’s duties hereunder;bound, and # upon the Executive’s execution and delivery of this Agreement bydo not require the Company, this Agreement shall be a valid and binding obligationconsent of Executive, enforceable against Executive in accordance with the terms of this Agreement. Executive agrees to indemnify, defend and hold 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 [Section 8].other person.
Executive’s Representations.Representation by Executive. Executive hereby represents and warrants to Company that, as of the Company that: # Executive has the legal capacity to enter into and perform this Agreement; # the execution, delivery and performance of this Agreement by Executive does not and shall not conflict with, breach, violate or cause a default under any contract, agreement, instrument, order, judgment or decree to which Executive is a party or by which Executive is bound; # ExecutiveEffective Date, he is not subjectparty to or bound by any employment or severanceother agreement with, or any non-compete, non-solicit, confidentiality or other restrictive agreementobligation with or restrictive covenant to,to any other Person that shall prevent, restrict, or otherwise interfere with Executive’sthird party which would preclude him from employment with the Company or the performance of Executive’s duties hereunder; and # upon the execution and delivery of this Agreement by the Company, this Agreement shall be a valid and binding obligation of Executive, enforceable against Executive in accordance with the terms ofperforming his obligations under this Agreement. Executive agrees to indemnify, defend and hold 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 [Section 8].
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