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Enforcement. In the event of a breach or threatened breach by Executive of any of the post-employment covenants in [Section 8] of this Agreement, the Company shall be entitled to an injunction restraining Executive from breaching, in whole or in part, any of his duties, obligations, or covenants in that Section. Executive acknowledges that such remedies are appropriate. For purposes of a court issuing injunctive relief, Executive waives any argument relating to irreparable injury, success on the merits of the Company’s claims, or the underlying enforceability of this Agreement. Executive agrees that an appropriate court may issue injunctive relief without addressing these issues, and that a temporary or preliminary injunctive order should be issued without prejudice to any final decision that may later be reached affecting the parties’ rights or obligations under this Agreement. Nothing in this Agreement shall be construed as prohibiting the Company from pursuing any additional or other remedy or remedies available to it for such breach or threatened breach, including, but not limited to, the other remedies specifically provided for in this Agreement and the recovery of damages.

Enforcement. InInjunctive Relief. Without limiting the event ofremedies available to the Company, Executive acknowledges that a breach or threatened breach by Executive of any of the post-employment covenants contained in [Section[Sections 7 and 8]8] may result in material irreparable injury to the goodwill of this Agreement,the Company for which there is no adequate remedy at law, that it will not be possible to measure damages for such injuries precisely and that, in the event of such a breach or threat thereof, the Company shall be entitledentitled, without the requirement to anpost bond or other security, to obtain a temporary restraining order and/or injunction restraining Executive from breaching,engaging in wholeactivities prohibited by this Agreement or in part,such other relief as may be required to specifically enforce any of his duties, obligations, orthe covenants in that Section. Executive acknowledges that such remedies are appropriate. For purposes of a court issuing injunctive relief, Executive waives any argument relating to irreparable injury, success on the merits of the Company’s claims, or the underlying enforceability[Sections 7 and 8]8] of this Agreement. Executive agrees that an appropriate court may issue injunctive relief without addressing these issues, and that a temporary or preliminary injunctive order should be issued without prejudice to any final decision that may later be reached affecting the parties’ rights or obligations under this Agreement. Nothing in this Agreement shall be construed as prohibiting the Company from pursuing any additional or other remedy or remedies available to it for such breach or threatened breach, including, but not limited to, the other remedies specifically provided for in this Agreement and the recovery of damages.

Enforcement. InInjunction. It is recognized and hereby acknowledged by the event ofparties hereto that a breach or threatened breach by the Executive of any of the post-employment covenants contained in [Section 8][Sections 6 and 7]7] of this Agreement,Agreement will cause irreparable harm and damage to the Company, the monetary amount of which may be virtually impossible to ascertain. As a result, the Executive recognizes and hereby acknowledges that the Company shall be entitled to an injunction from any court of competent jurisdiction enjoining and restraining any violation of any or all of the covenants contained in [Sections 6 and 7]7] of this Agreement by the Executive from breaching, in whole or in part, any of his duties, obligations,affiliates, associates, partners, or covenants in that Section. Executive acknowledgesagents, either directly or indirectly, and that such right to injunction shall be cumulative and in addition to whatever other remedies are appropriate. For purposes of a court issuing injunctive relief, Executive waivesthe Company may possess. In addition, upon any argument relating to irreparable injury, success on the meritsviolation of the Company’s claims, orcovenants contained in [Sections 6 and 7]7], all severance payments and benefits to which the underlying enforceability of this Agreement. Executive agrees that an appropriate court may issue injunctive reliefbe entitled to hereunder shall immediately cease and be without addressing these issues,further force and that a temporary or preliminary injunctive order should be issued without prejudice to any final decision that may later be reached affecting the parties’ rights or obligations under this Agreement. Nothing in this Agreement shall be construed as prohibiting the Company from pursuing any additional or other remedy or remedies available to it for such breach or threatened breach, including, but not limited to, the other remedies specifically provided for in this Agreement and the recovery of damages.effect.

Enforcement. In the eventRemedies for Breach of Agreement. Executive acknowledges that Executive's breach of any promise or covenant contained in [Section 6] will result in irreparable injury to Company and that Company's remedies at law for such a breach will be inadequate. Accordingly, Executive agrees and consents that Company, in addition to all other remedies available at law and in equity, shall be entitled to both preliminary and permanent injunctions to prevent and/or halt a breach or threatened breach by Executive of any such promise or covenant, and Executive waives the requirement of the post-employmentposting of any bond in connection with such injunctive relief. Executive further acknowledges and agrees that the promises and covenants contained in [Section 8] of this Agreement, the Company shall be entitled to an injunction restraining Executive from breaching, in whole or in part, any of his duties, obligations, or covenants in that Section. Executive acknowledges that such remedies6] are appropriate. For purposes of a court issuing injunctive relief, Executive waives any argument relating to irreparable injury, success on the merits of the Company’s claims, or the underlying enforceability of this Agreement. Executive agrees that an appropriate court may issue injunctive relief without addressing these issues,enforceable, reasonable, and that a temporary or preliminary injunctive order should be issued without prejudice to any final decision that may later be reached affecting the parties’ rights or obligations under this Agreement. Nothing in this Agreement shall be construed as prohibiting the Company from pursuing any additional or other remedy or remedies available to it for such breach or threatened breach, including, but not limited to, the other remedies specifically provided for in this Agreement and the recovery of damages.valid.

Enforcement. In the event of a breach or threatenedThe Executive acknowledges and agrees that any breach by Executivehim of any of the post-employment covenantsprovisions 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 8]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 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 restraining 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 transactions constituting a breach of the Restrictive Covenants, and the Executive shall account for and pay over such Benefits to the Company and, if applicable, its affected subsidiaries and/or affiliates. The Executive agrees that in any action seeking specific performance or other equitable relief, he will not assert 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 Companyexistence of any claim or cause of action by the Executive, whether predicated on this Agreement or otherwise, shall be entitlednot constitute a defense to an injunction restraining Executive from breaching, in whole or in part, any of his duties, obligations, or covenants in that Section. Executive acknowledges that such remedies are appropriate. For purposes of a court issuing injunctive relief, Executive waives any argument relating to irreparable injury, success on the meritsenforcement of the Company’s claims, or the underlying enforceability of this Agreement. Executive agrees that an appropriate court may issue injunctive relief without addressing these issues, and that a temporary or preliminary injunctive order should be issued without prejudice to any final decision that may later be reached affecting the parties’ rights or obligations under this Agreement. Nothing in this Agreement shall be construed as prohibiting the Company from pursuing any additional or other remedy or remedies available to it for such breach or threatened breach, including, but not limited to, the other remedies specifically provided for in this Agreement and the recovery of damages.Restrictive Covenants.

Enforcement. In the event of a breach or threatened breach by Executive of any of the post-employment covenants in [Section 8] of this Agreement, the Company shall be entitled to an injunction restraining Executive from breaching, in whole or in part, any of his duties, obligations, or covenants in that Section. Executive acknowledges that such remedies are appropriate. For purposes of a court issuing injunctive relief, Executive waives any argument relating to irreparable injury, success on the merits of the Company’s claims, or the underlying enforceability of this Agreement. Executive agrees that an appropriate courtany breach of restrictive covenants above cannot be remedied solely by money damages, and that in addition to any other remedies the Company may issuehave, the Company is entitled to obtain injunctive relief without addressing these issues, and that a temporary or preliminary injunctive order should be issued without prejudice to any final decision that may later be reached affecting the parties’ rights or obligations under this Agreement.against Executive. Nothing in this Agreementherein, however, shall be construed as prohibitinglimiting the Company from pursuingCompany’s right to pursue any additionalother available remedy at law or other remedy or remedies available to it for such breach or threatened breach, including, but not limited to, the other remedies specifically provided for in equity, including recovery of damages and termination of this Agreement and the recovery of damages.and/or any payments that may be due pursuant to this Agreement.

Enforcement. InThe Executive acknowledges and agrees that in the event of a breach or threatened breach by Executive of any of the post-employment covenants in [Section 8]provisions of this Agreement,[Section 6] by the Executive, the Company may suffer irreparable harm and, therefore, in advance of arbitration, the Company shall be entitled to an injunctionseek immediate injunctive relief restraining the Executive from breaching,such breach or threatened breach of the restrictive covenants contained in whole orthis [Section 5] in part, any of his duties, obligations, or covenants in that Section. Executive acknowledges that such remedies are appropriate. For purposes of a court issuing injunctive relief, Executive waives any argument relating to irreparable injury, success on the merits of the Company’s claims, or the underlying enforceability of this Agreement. Executive agrees that an appropriate court may issue injunctive relief without addressing these issues, and that a temporary or preliminary injunctive order should be issued without prejudice to any final decision that may later be reached affecting the parties’ rights or obligations under this Agreement.competent jurisdiction. Nothing in this Agreementherein shall be construed as prohibiting the Company from pursuing any additional or other remedy or remedies available to it in arbitration for such breach or threatened breach, including, but not limited to, the other remedies specifically provided for in this Agreement andincluding the recovery of damages.damages from the Executive. The Company acknowledges and agrees that in the event of a breach or threatened breach of the provisions of Section by the Company, the Executive may suffer irreparable reputation harm and, therefore, the Executive shall be entitled to seek immediate injunctive relief restraining the Company from such breach or threatened breach of the restrictive covenants contained in Section. Nothing herein shall be construed as prohibiting the Executive from pursuing any other remedies available to him for such breach or threatened breach, including the recovery of damages from the Company.

Enforcement. In the event of aExecutive understands and agrees that any breach or threatened breach by Executive of any of the post-employment covenants in [Section 8]provisions of [Sections 8 through 13] of this Agreement shall be considered a material breach of this Agreement, and in the Companyevent of such a breach or threatened breach of this Agreement, shall be entitled to an injunction restraining Executive from breaching, in wholepursue any and all of its remedies under law or in part,equity arising out of such breach. If pursues either a temporary restraining order or temporary injunctive relief, then Executive agrees to expedited discovery with respect thereto and waives any requirement that post a bond. Executive further agrees that in the event of his breach of any of his duties, obligations, or covenants in that Section. Executive acknowledges that such remedies are appropriate. For purposesthe provisions of a court issuing injunctive relief, Executive waives any argument relating to irreparable injury, success on the merits of the Company’s claims, or the underlying enforceability[Sections 8 through 13] of this Agreement. Executive agrees that an appropriate court may issue injunctive relief without addressing these issues, and that a temporary or preliminary injunctive order should be issued without prejudice to any final decision that may later be reached affecting the parties’ rights or obligations under this Agreement. Nothing in this Agreement shall be construed as prohibiting the Company from pursuing any additional or other remedy or remedies available to it for such breach or threatened breach, including, but not limited to, the other remedies specifically provided for in this Agreement and the recovery of damages.Agreement, unless otherwise prohibited by law:

Enforcement. InThe Executive acknowledges and agrees that the covenants and restrictions pertaining to him contained in [[Sections 5.1, 5.2, 5.3 and 5.4]4]4]4]] of this Agreement are reasonable and valid in the circumstances and all of such covenants and restrictions are in addition to and not in lieu of, rights of the Company or obligations of the Executive imposed by statutory or common law. The Executive further acknowledges and agrees that the Company and its Affiliates would suffer irreparable injury in the event of aany breach or threatened breach by the Executive of such covenants or restrictions, that money damages would be an inadequate remedy at law in connection with any such breach and that the Company and its Affiliates will therefore be entitled to, in addition to, and not in lieu of, all other rights of the Company and its Affiliates at law or equity (including, but not limited to, any action for money damages), temporary and permanent injunctive relief enjoining and restraining the Executive from any such breach or threatened breach. The Executive therefore agrees that any court having jurisdiction may enter a preliminary or permanent restraining order or injunction against the Executive in the event of actual or threatened breach of any of the post-employment covenants in [Section 8]provisions of this Agreement, and that any such relief will not preclude the Company shall be entitled to an injunction restraining Executiveits Affiliates from breaching, in wholeseeking any other relief at law or in part, any of his duties, obligations, or covenants in that Section. Executive acknowledges that such remedies are appropriate. For purposes of a court issuing injunctive relief, Executive waives any argument relating to irreparable injury, success on the merits of the Company’s claims, or the underlying enforceability of this Agreement. Executive agrees that an appropriate court may issue injunctive relief without addressing these issues, and that a temporary or preliminary injunctive order should be issued without prejudiceequity with respect to any final decision that may later be reached affecting the parties’ rights or obligations under this Agreement. Nothing in this Agreement shall be construed as prohibiting the Company from pursuing any additional or other remedy or remedies available to it for such breach or threatened breach, including, but not limited to, the other remedies specifically provided for in this Agreement and the recovery of damages.claim.

Enforcement. InInjunctive Relief. The parties acknowledge and agree that restrictions contained in [Sections 8 and 9]9] of this Agreement are necessary for the protection of the business and goodwill of and are considered by Executive to be reasonable for such purpose. Executive agrees that any breach or threatened breach of [Sections 8 or 9]9] will cause substantial and irrevocable damage that is difficult to measure. Therefore, in the event of any such breach or threatened breach, Executive agrees that , in addition to such other remedies which may be available, shall have the right to obtain an injunction from a court restraining such a breach or threatened breach by Executive of anyand the right to specific performance of the post-employment covenants in [Section 8]provisions of this Agreement, the Company shall be entitled to an injunction restraining Executive from breaching, in whole or in part, any[Sections 8 and 9]9] of his duties, obligations, or covenants in that Section. Executive acknowledges that such remedies are appropriate. For purposes of a court issuing injunctive relief, Executive waives any argument relating to irreparable injury, success on the merits of the Company’s claims, or the underlying enforceability of this Agreement. Executive agrees that an appropriate court may issue injunctive relief without addressing these issues, and that a temporary or preliminary injunctive order should be issued without prejudice to any final decision that may later be reached affecting the parties’ rights or obligations under this Agreement. Nothing in this Agreement shall be construed as prohibiting the Company from pursuing any additional or other remedy or remedies available to it for such breach or threatened breach, including, but not limited to, the other remedies specifically provided for in this Agreement and Executive hereby waives the recoveryadequacy of damages.a remedy at law as a defense to such relief.

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