Injunction. It is recognized and hereby acknowledged by the parties hereto that a breach by the Executive of any of the covenants contained in Sections 6 and 7 of this 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 of this Agreement by the Executive or any of his affiliates, associates, partners, or agents, either directly or indirectly, and that such right to injunction shall be cumulative and in addition to whatever other remedies the Company may possess. In addition, upon any violation of the covenants contained in Sections 6 and 7, all severance payments and benefits to which the Executive may be entitled to hereunder shall immediately cease and be without further force and effect.
Injunction. It is recognized and hereby acknowledged by the parties heretoThe Executive acknowledges that a breach by the Executive of any of the covenants contained in Sections 6this paragraph 7 may result in material irreparable injury to 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 7that, in the event of such a breach, any payments or benefits remaining under the terms of this Agreement will cause irreparable harmshall cease 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 anobtain a temporary restraining order or a preliminary or permanent injunction restraining the Executive from any court of competent jurisdiction enjoining and restraining any violation of anyengaging in activities prohibited by this paragraph 7 or allsuch other relief as may be required to specifically enforce any of the covenants contained in Sections 6 and 7 of this Agreement by the Executive or any of his affiliates, associates, partners, or agents, either directly or indirectly, and that such right to injunction shall be cumulative and in addition to whatever other remedies the Company may possess. In addition, upon any violation of the covenants contained in Sections 6 and 7, all severance payments and benefits to which the Executive may be entitled to hereunder shall immediately cease and be without further force and effect.paragraph 7.
Injunction. It is recognized and hereby acknowledged byInjunctive Relief. Without limiting the parties heretoremedies available to the Company, Executive acknowledges that a breach by the Executive of any of the covenants contained in Sections 67 and 7 of this Agreement will cause8 may result in material irreparable harm and damageinjury to the Company,goodwill of the monetary amountCompany 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 which may be virtually impossible to ascertain. Assuch a result, the Executive recognizes and hereby acknowledges thatbreach 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 any court of competent jurisdiction enjoining and restraining any violation of anyengaging in activities prohibited by this Agreement or allsuch other relief as may be required to specifically enforce any of the covenants contained in Sections 67 and 78 of this Agreement by the Executive or any of his affiliates, associates, partners, or agents, either directly or indirectly, and that such right to injunction shall be cumulative and in addition to whatever other remedies the Company may possess. In addition, upon any violation of the covenants contained in Sections 6 and 7, all severance payments and benefits to which the Executive may be entitled to hereunder shall immediately cease and be without further force and effect.Agreement.
Injunction. It is recognized and hereby acknowledged byEnforcement. In the parties hereto thatevent of a breach or threatened breach by the Executive of any of the post-employment covenants contained in Sections 6 and 7Section 8 of this 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 thatAgreement, the Company shall be entitled to an injunction restraining Executive from any court of competent jurisdiction enjoining and restraining any violation of anybreaching, in whole or all of the covenants contained in Sections 6 and 7 of this Agreement by the Executive orpart, any of his affiliates, associates, partners,duties, obligations, or agents, either directlycovenants 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 indirectly,the underlying enforceability of this Agreement. Executive agrees that an appropriate court may issue injunctive relief without addressing these issues, and that such righta temporary or preliminary injunctive order should be issued without prejudice to injunctionany final decision that may later be reached affecting the parties’ rights or obligations under this Agreement. Nothing in this Agreement shall be cumulative and in additionconstrued as prohibiting the Company from pursuing any additional or other remedy or remedies available to whateverit for such breach or threatened breach, including, but not limited to, the other remedies specifically provided for in this Agreement and the Company may possess. In addition, upon any violationrecovery of the covenants contained in Sections 6 and 7, all severance payments and benefits to which the Executive may be entitled to hereunder shall immediately cease and be without further force and effect.damages.
Injunction. It is recognizedThe Executive acknowledges and hereby acknowledgedagrees that in the event of a breach or threatened breach of the provisions of this [Section 6] by the parties hereto that a breach byExecutive, the Executive of any of the covenants contained in Sections 6 and 7 of this Agreement will causeCompany may suffer irreparable harm and damage to the Company, the monetary amountand, therefore, in advance of which may be virtually impossible to ascertain. As a result, the Executive recognizes and hereby acknowledges thatarbitration, the Company shall be entitled to an injunctionseek immediate injunctive relief restraining the Executive from anysuch breach or threatened breach of the restrictive covenants contained in this [Section 5] in a court of competent jurisdiction enjoiningjurisdiction. Nothing herein shall be construed as prohibiting the Company from pursuing any other remedies available to it in arbitration for such breach or threatened breach, including the recovery of damages from the Executive. The Company acknowledges and restraining any violationagrees that in the event of anya breach or allthreatened 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 Sections 6 and 7 of this Agreement bySection. Nothing herein shall be construed as prohibiting the Executive orfrom pursuing any of his affiliates, associates, partners, or agents, either directly or indirectly, and that such right to injunction shall be cumulative and in addition to whatever other remedies available to him for such breach or threatened breach, including the Company may possess. In addition, upon any violationrecovery of damages from the covenants contained in Sections 6 and 7, all severance payments and benefits to which the Executive may be entitled to hereunder shall immediately cease and be without further force and effect.Company.
Injunction. It is recognizedRemedies 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 hereby acknowledged by the parties hereto that Company's remedies at law for such a breach by thewill be inadequate. Accordingly, Executive of any of the covenants containedagrees and consents that Company, in Sections 6addition to all other remedies available at law and 7 of this 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 Companyin equity, shall be entitled to an injunction from any court of competent jurisdiction enjoiningboth preliminary and restraining any violationpermanent injunctions to prevent and/or halt a breach or threatened breach by Executive of any such promise or allcovenant, and Executive waives the requirement of the posting of any bond in connection with such injunctive relief. Executive further acknowledges and agrees that the promises and covenants contained in SectionsSection 6 are enforceable, reasonable, and 7 of this Agreement by the Executive or any of his affiliates, associates, partners, or agents, either directly or indirectly, and that such right to injunction shall be cumulative and in addition to whatever other remedies the Company may possess. In addition, upon any violation of the covenants contained in Sections 6 and 7, all severance payments and benefits to which the Executive may be entitled to hereunder shall immediately cease and be without further force and effect.valid.
Injunction. It is recognizedThe Executive acknowledges and hereby acknowledgedagrees that the covenants and restrictions pertaining to him contained in [Sections 5.1, 5.2, 5.3 and 5.4] 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 parties hereto that aCompany and its Affiliates would suffer irreparable injury in the event of any 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 covenants contained in Sections 6 and 7provisions of this AgreementAgreement, and that any such relief 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 thatnot preclude the Company shall be entitledits Affiliates from seeking any other relief at law or equity with respect 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 of this Agreement by the Executive or any of his affiliates, associates, partners, or agents, either directly or indirectly, and that such right to injunction shall be cumulative and in addition to whatever other remedies the Company may possess. In addition, upon any violation of the covenants contained in Sections 6 and 7, all severance payments and benefits to which the Executive may be entitled to hereunder shall immediately cease and be without further force and effect.claim.
Injunction.Enforcement of Certain Covenants. It is recognized and hereby acknowledged bythat damages in the parties hereto that aevent of breach by the Executive of any of the covenants containedset forth in Sections 6section 7 (from Article VI of the Executive Severance Plan) by Employee would be difficult, if not impossible, to ascertain, and 7 of this Agreement will cause irreparable harm and damage toit is therefore agreed that the Company, the monetary amount of which may be virtually impossiblein addition to ascertain. As a result, the Executive recognizes and hereby acknowledgeswithout limiting any other remedy or right that the Company may have, shall be entitledhave the right to seek an injunction fromor other equitable relief in any court of competent jurisdictionjurisdiction, enjoining and restraining any violation of any or all of the covenants contained in Sections 6 and 7such breach. The existence of this Agreement byright shall not preclude the ExecutiveCompany from pursuing any other rights or any of his affiliates, associates, partners,remedies at law or agents, either directly or indirectly, and that such right to injunction shall be cumulative and in addition to whatever other remediesequity, which the Company may possess. In addition, upon any violation of the covenants contained in Sections 6 and 7, all severance payments and benefits to which the Executive may be entitled to hereunder shall immediately cease and be without further force and effect.have.
Injunction. It is recognized and hereby acknowledged byThe Executive agrees that it would be difficult to measure any damages caused to the parties heretoCompany that amight result from any breach by the Executive of the promises set forth in this Section 7 and the Confidentiality and Assignment Agreement, and that in any event money damages would be an inadequate remedy for any such breach. Accordingly, subject to Section 8 of this Agreement, the covenants contained in Sections 6 and 7Executive agrees that if the Executive breaches, or proposes to breach, any portion of this 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 recognizesConfidentiality and hereby acknowledges thatAssignment Agreement, the Company shall be entitledentitled, in addition to all other remedies that it may have, to an injunction fromor other appropriate equitable relief to restrain any court of competent jurisdiction enjoining and restrainingsuch breach without showing or proving any violation of any or all ofactual damage to the covenants contained in Sections 6 and 7 of this Agreement by the Executive or any of his affiliates, associates, partners, or agents, either directly or indirectly, and that such right to injunction shall be cumulative and in addition to whatever other remedies the Company may possess. In addition, upon any violation of the covenants contained in Sections 6 and 7, all severance payments and benefits to which the Executive may be entitled to hereunder shall immediately cease and be without further force and effect.Company.
Injunction. It is recognizedEffect of Breach. The Executive recognizes and hereby acknowledgedagrees that the compensation and benefits offered to him hereunder are in consideration for the Executive’s full and complete compliance with the covenants and provisions of this Agreement. Accordingly, the Executive agrees that if he violates this Agreement, including but not limited to the terms of [Sections 8 through 13], the Company may immediately terminate payment of further compensation or benefits otherwise owed to the Executive hereunder, and may recover the full value of any such compensation and benefits already provided to the Executive to the maximum extent permitted by the parties heretolaw. Executive acknowledges that a breach by the Executive of any of the covenants containedcontinued in Sections 6 and 7[Sections 8 through 13] of this Agreement will causecould result in irreparable harm and damageinjury to the Company,Company for which there might be no adequate remedy at law, and that, in the monetary amountevent of which may be virtually impossible to ascertain. Assuch a result, the Executive recognizes and hereby acknowledges thatbreach or threat thereof, the Company shall be entitled to anobtain a temporary restraining order and/or preliminary injunction and a permanent injunction restraining Executive from engaging in any courtactivities prohibited by [Sections 8 through 13] herein or such other equitable relief as may be required to enforce specifically any covenants of competent jurisdiction enjoining[Sections 8 through 13]. In the event of such a breach, the Company shall be entitled to recover from Executive all reasonable attorneys’ fees and restraining any violation of any or all of the covenants containedcosts incurred by it in Sections 6 and 7connection with such breach. Additionally, if Executive violates Section 10 of this AgreementAgreement, the temporal period applicable to that Section shall be extended by the period of time during which such violation occurred. Any event of a breach by the Executive will not affect the release set forth in Section 5 above or any of his affiliates, associates, partners, or agents, either directly or indirectly, and that such right to injunction shall be cumulative and in addition to whatever other remedies the Company may possess. In addition, upon any violation of the covenants contained in Sections 6 and 7, all severance payments and benefits to which the Executive may be entitled to hereunder shall immediately cease and be without further force and effect.Executive’s continuing obligations under this Agreement.
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