HEREUNDER.
9.03.
INJUNCTIVE RELIEF.
EXECUTIVE ACKNOWLEDGES THAT A
BREACH OR THREATENED BREACH OF ANY OF THE TERMS SET FORTH IN THIS SECTION 9
SHALL RESULT IN AN IRREPARABLE AND CONTINUING HARM TO THE COMPANY FOR WHICH
THERE SHALL BE NO ADEQUATE REMEDY AT LAW. THE COMPANY SHALL, WITHOUT POSTING A
BOND, BE ENTITLED TO OBTAIN INJUNCTIVE AND OTHER EQUITABLE RELIEF, IN ADDITION
TO ANY OTHER REMEDIES AVAILABLE TO THE COMPANY.
9.04.
ESSENTIAL AND INDEPENDENT AGREEMENTS. IT IS
UNDERSTOOD BY THE PARTIES HERETO THAT EXECUTIVE'S OBLIGATIONS AND THE
RESTRICTIONS AND REMEDIES SET FORTH IN THIS SECTION 9 ARE ESSENTIAL ELEMENTS OF
THIS AGREEMENT AND THAT BUT FOR HIS AGREEMENT TO COMPLY WITH AND/OR AGREE TO
SUCH OBLIGATIONS, RESTRICTIONS AND REMEDIES, THE COMPANY WOULD NOT HAVE ENTERED
INTO THIS AGREEMENT OR EMPLOYED HIM. EXECUTIVE'S OBLIGATIONS AND THE
RESTRICTIONS AND REMEDIES SET FORTH IN THIS
15
SECTION 9 ARE INDEPENDENT AGREEMENTS AND THE EXISTENCE OF ANY CLAIM OR CLAIMS BY
HIM AGAINST THE COMPANY UNDER THIS AGREEMENT OR OTHERWISE WILL NOT EXCUSE HIS
BREACH OF ANY OF HIS OBLIGATIONS OR AFFECT THE RESTRICTIONS AND REMEDIES SET
FORTH UNDER THIS SECTION 9.
9.05.
SURVIVAL OF TERMS; REPRESENTATIONS. OBLIGATIONS
UNDER THIS SECTION 9 HEREOF SHALL REMAIN IN FULL FORCE AND EFFECT
NOTWITHSTANDING THE TERMINATION OF EXECUTIVE'S EMPLOYMENT. EXECUTIVE
ACKNOWLEDGES THAT HE IS SOPHISTICATED IN BUSINESS, AND THAT THE RESTRICTIONS AND
REMEDIES SET FORTH IN THIS SECTION 9 DO NOT CREATE AN UNDUE HARDSHIP ON HIM AND
WILL NOT PREVENT HIM FROM EARNING A LIVELIHOOD. HE FURTHER ACKNOWLEDGES THAT HE
HAS HAD A SUFFICIENT PERIOD OF TIME WITHIN WHICH TO REVIEW THIS AGREEMENT,
INCLUDING THIS SECTION 9, WITH AN ATTORNEY OF HIS CHOICE AND HE HAS DONE SO TO
THE EXTENT HE DESIRED. EXECUTIVE AND THE COMPANY AGREE THAT THE RESTRICTIONS AND
REMEDIES CONTAINED IN THIS SECTION 9 ARE REASONABLE AND NECESSARY TO PROTECT THE
COMPANY'S LEGITIMATE BUSINESS INTERESTS REGARDLESS OF THE REASON FOR OR
CIRCUMSTANCES GIVING RISE TO SUCH TERMINATION AND THAT HE AND THE COMPANY INTEND
THAT SUCH RESTRICTIONS AND REMEDIES SHALL BE ENFORCEABLE TO THE FULLEST EXTENT
PERMISSIBLE BY LAW. EXECUTIVE AGREES THAT GIVEN THE SCOPE OF THE COMPANY'S
BUSINESS AND THE SOPHISTICATION OF THE INFORMATION HIGHWAY, ANY FURTHER
GEOGRAPHIC LIMITATION ON SUCH REMEDIES AND RESTRICTIONS WOULD DENY THE COMPANY
THE PROTECTION TO WHICH IT IS ENTITLED HEREUNDER. IF IT SHALL BE FOUND BY A
COURT OF COMPETENT JURISDICTION THAT ANY SUCH RESTRICTION OR REMEDY IS
UNENFORCEABLE BUT WOULD BE ENFORCEABLE IF SOME PART THEREOF WERE DELETED OR
MODIFIED, THEN SUCH RESTRICTION OR REMEDY SHALL APPLY WITH SUCH MODIFICATION AS
SHALL BE NECESSARY TO MAKE IT ENFORCEABLE TO THE FULLEST EXTENT PERMISSIBLE
UNDER LAW.
16
9.06.
MUTUAL NON-DISPARAGEMENT.
NEITHER
EXECUTIVE NOR SENIOR EXECUTIVES OF EMPLOYER WILL MAKE OR AUTHORIZE ANY PUBLIC
STATEMENT DISPARAGING THE OTHER IN ITS OR HIS BUSINESS INTERESTS AND AFFAIRS.
NOTWITHSTANDING THE FOREGOING, NEITHER PARTY SHALL BE (A) REQUIRED TO MAKE ANY
STATEMENT THAT IT OR HE BELIEVES TO BE FALSE OR INACCURATE, OR (B) RESTRICTED IN
CONNECTION