Representation and Warranty of Executive Contract Clauses (73)

Representation and Warranty of Executive. The Executive represents and warrants to the Company that: (a) The Executive's employment will not conflict with or result in his breach of any agreement to which he is a party or otherwise may be bound; (b) The Executive has not violated, and in connection with his employment with the Company will not violate, any non-solicitation, non-competition or other similar covenant or agreement of a prior employer by which he is or may be bound; and (c) In connection with Executive's employment with the... Company, he will not use any confidential or proprietary information that he may have obtained in connection with employment with any prior employer; and (d) The Executive has not (i) been convicted of any felony; or (ii) committed any criminal act with respect to Executive's current or any prior employment; and (e) The Executive is not dependent on alcohol or the illegal use of drugs. The Executive recognizes that Company shall have the right to conduct random drug testing of its employees and that Executive may be called upon in such a manner. View More

Representation and Warranty of Executive. Executive represents and warrants to Employer that Executive is not under any obligation, contractual or otherwise, to any other firm or corporation, which would prevent Executive from continuing in the employ of Employer under this Agreement or prevent Executive from performing the terms of this Agreement.

Representation and Warranty of Executive. In order to induce the Company to employ Executive, Executive hereby represents and warrants to the Company as follows: (a) Binding Agreement. This Agreement has been duly executed and delivered by Executive and constitutes a legal, valid and binding obligation of Executive and is enforceable against Executive in accordance with its terms. (b) No Violations of Law. The execution and delivery of this Agreement and the other agreements contemplated hereby by Executive do not, and the performance b...y Executive of his obligations under this Agreement and the other agreements contemplated hereby will not, violate any term or provision of any law, or any writ, judgment, decree, injunction, or similar order applicable to Executive. (c) Litigation. Executive is not involved in any proceeding, claim, lawsuit, or investigation alleging wrongdoing by Executive before any court or public or private arbitration board or panel or governmental department, commission, board, bureau, agency or instrumentality. (d) No Conflicting Obligations. Executive is not under, or bound to be under in the future, any obligation to any person or entity that is or would be inconsistent or in conflict with this Agreement or would prevent, limit, or impair in any way the performance by him of his obligations hereunder, including but not limited to any duties owed to any former employers not to compete or use or disclose confidential information. Executive represents and agrees that he will not disclose to the Company or use on behalf of the Company any confidential information or trade secrets belonging to a third party, including any former employer. Executive further represents and agrees that he has returned, or will return before his last day of employment with his current employer, all property belonging to Executive's current and previous employers, including but not limited to any and all confidential information. View More

Representation and Warranty of Executive. The Executive represents and warrants to the Company as follows: a. Executive has the full right to enter into this Agreement and perform all duties hereunder, and has made no contract or other commitment in contravention of the terms hereof (including, without limitation, contracts or obligations respecting trade secrets or proprietary information or otherwise restricting competition), or which would prevent Executive from using his best efforts in the performance of his duties hereunder. Execu...tive has fulfilled all of his obligations under all prior employment or consulting agreements (or similar arrangements), and there is not, under any of the foregoing, any existing default or breach by Executive with respect thereto. b. Executive's performance hereunder shall not constitute a default under any contract or other commitment to which the Executive is bound. c. All information furnished by Executive to the Company is to the best of Executive's knowledge, true and complete (including, without limitation, documentary evidence of Executive's identity and eligibility for employment in the United States), and Executive will promptly advise the Company with respect to any change in the information of record. d. Executive is not subject to any order, decree, or decision precluding his from performing his duties as described herein. e. Executive declares that he has read and understands all the terms of this Agreement; that he has had ample opportunity to review it with his attorney before signing it; that no promise, inducement, or agreement has been made except as expressly provided in this Agreement; that it contains the entire Agreement between the parties; and that he enters into this Agreement fully, voluntarily, knowingly, and without coercion. EMPLOYMENT AGREEMENT WITH SAM TALARI 14. Severability. If any provision, section, or subsection of this Agreement is adjudged by any court to be void or unenforceable in whole or in part, such adjudication shall not affect the validity of the remainder of the Agreement, including any other provision, section, or subsection, and the Company and Executive shall negotiate in good faith to modify the unenforceable provision so as to effect the original intent of the parties as closely as possible. View More