RELATE TO OR REFLECT THE COMPANY'S BUSINESS
OPERATIONS, CUSTOMERS, PROSPECTIVE CUSTOMERS, EMPLOYEES, SUPPLIERS, VENDORS,
ETC., REGARDLESS OF WHERE SUCH ITEMS WERE KEPT OR PREPARED.
4.
INJUNCTIVE AND OTHER RELIEF.
(A)
EMPLOYEE ACKNOWLEDGES AND AGREES THAT THE
PROVISIONS OF SECTION 1 AND SECTION 3 ARE REASONABLE WITH RESPECT TO THEIR
DURATION, SCOPE AND GEOGRAPHICAL AREA.
IN PARTICULAR, EMPLOYEE ACKNOWLEDGES
THAT THE GEOGRAPHIC SCOPE OF THE COMPANY'S BUSINESS MAKES REASONABLE THE
GEOGRAPHIC RESTRICTIONS OF THIS AGREEMENT.
IF, AT THE TIME OF ENFORCEMENT OF
ANY OF THE PROVISIONS OF SECTIONS 1 AND/OR SECTION 3, A COURT HOLDS THAT THE
RESTRICTIONS THEREIN EXCEED THOSE ALLOWED BY APPLICABLE LAW, THEN SUCH COURT
WILL BE REQUESTED BY THE COMPANY, EMPLOYEE AND ALL OTHER RELEVANT PARTIES TO
ENFORCE THE PROVISIONS IN SECTION 1 AND SECTION 3 TO THE BROADEST EXTENT
POSSIBLE UNDER APPLICABLE LAW AND SECTION 1 AND SECTION 3 SHALL BE DEEMED TO
HAVE BEEN SO MODIFIED.
(B)
EMPLOYEE AGREES THAT IF EMPLOYEE BREACHES OR
THREATENS TO BREACH ANY OF THE PROVISIONS OF SECTION 1 AND/OR SECTION 3, THE
COMPANY WILL HAVE AVAILABLE, IN ADDITION TO ANY OTHER RIGHT OR REMEDY AVAILABLE,
THE RIGHT TO SEEK INJUNCTIVE AND EQUITABLE RELIEF OF ANY TYPE FROM A COURT OF
COMPETENT JURISDICTION, INCLUDING BUT NOT LIMITED TO, THE RIGHT TO SEEK AN ORDER
RESTRAINING SUCH BREACH OR THREATENED BREACH AND TO SPECIFIC PERFORMANCE OF ANY
SUCH PROVISION OF THIS AGREEMENT.
EMPLOYEE FURTHER AGREES THAT NO BOND OR OTHER
SECURITY SHALL BE REQUIRED IN OBTAINING SUCH EQUITABLE RELIEF AND EMPLOYEE
HEREBY CONSENTS TO THE ISSUANCE OF SUCH INJUNCTION AND TO THE ORDERING OF
SPECIFIC PERFORMANCE.
5.
MISCELLANEOUS.
(A)
SEVERABILITY; SURVIVAL.
NOTHING IN THIS
AGREEMENT IS INTENDED TO VIOLATE ANY LAW OR SHALL BE INTERPRETED TO VIOLATE ANY
LAW.
IN THE EVENT THAT ANY PROVISION CONTAINED IN THIS AGREEMENT SHALL BE
DETERMINED BY ANY COURT OF COMPETENT JURISDICTION TO BE OVERBROAD AND/OR
UNENFORCEABLE,
THEN THE COURT MAKING SUCH DETERMINATION SHALL HAVE THE
AUTHORITY TO NARROW THE PROVISION AS NECESSARY TO MAKE IT ENFORCEABLE AND THE
PROVISION SHALL THEN BE ENFORCEABLE IN ITS NARROWED FORM.
MOREOVER, EACH
PROVISION OF THIS AGREEMENT IS INDEPENDENT OF AND SEVERABLE FROM EACH OTHER.
IN
THE EVENT THAT ANY PROVISION IN THIS AGREEMENT IS DETERMINED TO BE LEGALLY
INVALID OR UNENFORCEABLE BY A COURT AND IS NOT MODIFIED BY A COURT TO BE
ENFORCEABLE, THE AFFECTED PROVISION SHALL BE STRICKEN FROM THE AGREEMENT, AND
THE REMAINING PROVISIONS OF THIS AGREEMENT SHALL REMAIN IN FULL, FORCE AND
EFFECT.
FOR PURPOSES OF THIS SECTION 5(A), A "PROVISION" OF THIS AGREEMENT
SHALL MEAN ANY SECTION OR SUBSECTION OF THIS AGREEMENT OR ANY SENTENCE OR CLAUSE
WITHIN ANY SECTION OR SUBSECTION OF THIS AGREEMENT.
THE TERMS AND PROVISIONS OF
THIS AGREEMENT SHALL SURVIVE THE TERMINATION OF EMPLOYEE'S EMPLOYMENT.
3
(B)
NOTICES.
ALL NOTICES HEREUNDER SHALL BE IN
WRITING AND SHALL BE SUFFICIENTLY GIVEN IF HAND-DELIVERED, SENT BY DOCUMENTED
OVERNIGHT DELIVERY SERVICE OR REGISTERED OR CERTIFIED MAIL, POSTAGE PREPAID,
RETURN RECEIPT REQUEST OR BY TELEGRAM, FAX OR TELECOPY (CONFIRMED BY U.S.