the right and remedy to enjoin, preliminarily and permanently, Executive from violating the Restrictive Covenants and to have the Restrictive Covenants specifically enforced by any court of competent jurisdiction, it being agreed that any breach or threatened breach of the Restrictive Covenants would cause irreparable injury to the Company and that money damages would not provide an adequate remedy to the Company;
Rights and Remedies Upon Breach of Agreement. If the Executive should breach, or threaten to commit a breach, of any of the provisions of this Agreement, the Company shall have the right and remedy to enjoin, preliminarily and permanently, Executive from violating the Restrictive Covenants and to have the Restrictive Covenants specificallyrestrictive covenants contained herein be enforced by any court of competent jurisdiction, without the necessity of posting a bond, it being agreed that any breach or threatened breach of the Restrictive Covenantsrestrictive covenants would cause irreparable injury to the Company or the Bank and that money damages would not alone provide an adequate remedy to the Company;Company or the Bank. The Company shall also have any other right or remedy available to it under law or in equity including the right to seek and recover monetary damages for lost profits and other compensable damages.
the right and remedy to enjoin, preliminarily and permanently, Executive from violating the Restrictive Covenants are reasonable in scope and to havein all other respects, # any violation of the Restrictive Covenants specifically enforced by any courtwill result in irreparable injury to the Company, # money damages would be an inadequate remedy at law for the Company in the event of competent jurisdiction, it being agreed that anya breach or threatened breach of any of the Restrictive Covenants by the Executive, and # specific performance in the form of injunctive relief would cause irreparable injury to the Company and that money damages would not providebe an adequate remedy for the Company. lf the Executive breaches or threatens to breach a Restrictive Covenant, the Company; Company shall be entitled, in addition to all other remedies, to seek an injunction restraining any such breach, without any bond or other security being required and without the necessity of showing actual damages. Without limitation of the foregoing, in the event the Executive breaches a Restrictive Covenant or any provision of the Non-Disclosure and Intellectual Proprietary Rights Agreement, in any material respect, the Company shall have the right to cease providing any amounts
Enforcement. The Executive agrees that the rightExecutive’s services are unique and remedythat he has access to enjoin, preliminarilyconfidential information of the Company and permanently,its affiliates. Accordingly, the Executive from violatingagrees that a breach by the Executive of any of the Restrictive Covenants may cause immediate and irreparable harm to have the Restrictive Covenants specifically enforced byCompany that would be difficult or impossible to measure, and that damages to the Company for any courtsuch injury would therefore be an inadequate remedy for any such breach. Therefore, the Executive agrees that in the event of competent jurisdiction, it being agreed that any breach or threatened breach of any Restrictive Covenant, the Company shall be entitled, in addition to and without limitation upon all other remedies the Company may have under this Agreement or otherwise, at law or otherwise, to obtain specific performance, injunctive relief and/or other appropriate relief (without posting any bond or deposit) in order to enforce or prevent any violations of the Restrictive Covenants would cause irreparable injuryCovenants, or require the Executive to the Company and that money damages would not provide an adequate remedy to the Company;account
Enforcement. The Executive acknowledges and agrees that any breach by him of any of the provisions of this Section 9 (the Restrictive Covenants) would result in irreparable injury and damage for which money damages would not provide an adequate remedy. Therefore, if the Executive breaches or threatens to commit a breach of any of the provisions of Section 9, the Company shall have the ability to seek the following rights and remedies, each of which rights and remedies shall be independent of the other and severally enforceable, and all of which rights and remedies shall be in addition to, and not in lieu of, any other rights and remedies available to the Company under law or in equity (including, without limitation, the recovery of damages): # the right and remedy to enjoin, preliminarily and permanently, Executive from violating the Restrictive Covenants and to have the Restrictive Covenants specifically enforced (without posting bond and without the need to prove damages) by any court having equity jurisdiction, including, without limitation, the right to an entry against the Executive of competent jurisdiction, it being agreed thatrestraining orders and injunctions (preliminary, mandatory, temporary and permanent) against violations, threatened or actual, and whether or not then continuing, of such covenants; and # the right and remedy to require the Executive to account for and pay over to the Company all compensation, profits, monies, accruals, increments or other benefits (collectively, Benefits) derived or received by him as the result of any breach or threatenedtransactions constituting a breach of the Restrictive Covenants would cause irreparable injuryCovenants, and the Executive shall account for and pay over such Benefits to the Company andand, if applicable, its affected subsidiaries and/or affiliates. The Executive agrees that money damages wouldin any action seeking specific performance or other equitable relief, he will not provide an adequate remedyassert or contend that any of the provisions of this Section 9 are unreasonable or otherwise unenforceable. Other than a material breach of this Agreement, the existence of any claim or cause of action by the Executive, whether predicated on this Agreement or otherwise, shall not constitute a defense to the Company; enforcement of the Restrictive Covenants.
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