Example ContractsClauseslandlord’s remediesVariants
Remove:

Remedies. Executive agrees that in the event of a breach or threatened breach by Executive of any provision of this Agreement or any of the Restrictive Covenants, monetary remedies may not be adequate and Executive agrees that is entitled to injunctive relief, without need to post bond or similar security, in lieu of or in addition to, such monetary remedies. In the event that Executive engages in or attempts to engage in any of the conduct prohibited by any of the Restrictive Covenants or fails to comply with the provisions of Paragraph 4(b), shall be entitled, in ’s sole discretion, to # cease all Monthly Separation Payments, and upon demand by , Executive shall immediately refund to any Monthly Separation Payments already paid to him, and/or # in addition to any other remedies available at law or in equity, to enforce any of the Restrictive Covenants by temporary, preliminary and permanent injunction to restrain any violation or threatened violation by Executive of any provisions of the Restrictive Covenants. Executive further agrees to reimburse its costs (including, without limitation, attorney’s fees) incurred to enforce any of the Restrictive Covenants. The provisions of this Paragraph 5 shall be in addition to, and not in lieu of, any remedies set forth in the Surviving Provisions.

Remedies. Executive agrees that in the event of a breach or threatened breach by Executive of any provision of this Agreement or any of the Restrictive Covenants, monetary remedies may not be adequate and Executive agrees that is entitled to injunctive relief, without need to post bond or similar security, in lieu of or in addition to, such monetary remedies. In the event that Executive engages in or attempts to engage in any of the conduct prohibited by any of the Restrictive Covenants or fails to comply with the provisions of Paragraph 4(b), shall be entitled, in organization" data-ad-field-json='{"name":"Company","type":"organization","canGuess":{"name":false,"type":false}}'>​Organization_’s sole discretion, to # cease all Monthly Separation Payments, and upon demand by , Executive shall immediately refund to any Monthly Separation Payments already paid to him, and/or # in addition to any other remedies available at law or in equity, to enforce any of the Restrictive Covenants by temporary, preliminary and permanent injunction to restrain any violation or threatened violation by Executive of any provisions of the Restrictive Covenants. Executive further agrees to reimburse its costs (including, without limitation, attorney’attorney’s fees) incurred to enforce any of the Restrictive Covenants. The provisions of this Paragraph 5[Section 5] shall be in addition to, and not in lieu of, any remedies set forth in the Surviving Provisions.

Remedies.Enforcement. The Executive acknowledges and agrees that in the event of a breach or threatenedany breach by Executivehim of any provision of this Agreement or any of the Restrictive Covenants, monetary remedies mayprovisions of this [Section 9] (the “Restrictive Covenants”) would result in irreparable injury and damage for which money damages would not beprovide an adequate andremedy. Therefore, if the Executive agrees that is entitledbreaches or threatens to injunctive relief, without need to post bond or similar security, in lieucommit a breach of or in addition to, such monetary remedies. In the event that Executive engages in or attempts to engage in any of the conduct prohibited by anyprovisions 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 Restrictive Covenants or fails to comply with the provisionsother and severally enforceable, and all of Paragraph 4(b), shall be entitled, in ’s sole discretion, to # cease all Monthly Separation Payments,which rights and upon demand by , Executive shall immediately refund to any Monthly Separation Payments already paid to him, and/or # in addition to any other remedies available at law or in equity, to enforce any of the Restrictive Covenants by temporary, preliminary and permanent injunction to restrain any violation or threatened violation by Executive of any provisions of the Restrictive Covenants. Executive further agrees to reimburse its costs (including, without limitation, attorney’s fees) incurred to enforce any of the Restrictive Covenants. The provisions of this Paragraph 5 shall be in addition to, and not in lieu of, any other rights and remedies set forthavailable to the Company under law or in equity (including, without limitation, the Surviving Provisions.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 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 enforcement of the Restrictive Covenants.

Remedies. Executive agrees that in the eventany breach of a breach or threatened breachrestrictive covenants above cannot be remedied solely by Executive of any provision of this Agreement or any of the Restrictive Covenants, monetary remedies may not be adequatemoney damages, and Executive agrees that is entitled to injunctive relief, without need to post bond or similar security, in lieu of or in addition to, such monetary remedies. In the event that Executive engages in or attempts to engage in any of the conduct prohibited by any of the Restrictive Covenants or fails to comply with the provisions of Paragraph 4(b), shall be entitled, in ’s sole discretion, to # cease all Monthly Separation Payments, and upon demand by , Executive shall immediately refund to any Monthly Separation Payments already paid to him, and/or # in addition to any other remedies the Company may have, the Company is entitled to obtain injunctive relief against Executive. Nothing herein, however, shall be construed as limiting the Company’s right to pursue any other available remedy at law or in equity, to enforce anyincluding recovery of the Restrictive Covenants by temporary, preliminarydamages and permanent injunction to restrain any violation or threatened violation by Executive of any provisions of the Restrictive Covenants. Executive further agrees to reimburse its costs (including, without limitation, attorney’s fees) incurred to enforce any of the Restrictive Covenants. The provisionstermination of this Paragraph 5 shallAgreement and/or any payments that may be in addition to, and not in lieu of, any remedies set forth in the Surviving Provisions.due pursuant to this Agreement.

Remedies. The Executive agrees that the Company and the Bank will suffer irreparable damage and injury and will not have an adequate remedy at law if the Executive breaches any provision of the restrictions contained in [[Sections 11, 12, 13, 14 and 15]5]5]5]5]]5]5]5]5] (the “Restrictive Covenants”). Accordingly, if the Executive breaches or threatens or attempts to breach the Restrictive Covenants, in addition to all other available remedies, the Company and the Bank shall be entitled to seek injunctive relief, and no or minimal bond or other security shall be required in connection therewith. The Executive acknowledges and agrees that in the event of a breach or threatened breach by Executive of any provisiontermination of this Agreement orfor any reason whatsoever, the Executive can obtain employment not competitive with the Company’s Business (or, if competitive, outside of the Restrictive Covenants, monetary remedies may not be adequategeographic and Executive agreescustomer-specific scope described herein) and that is entitledthe issuance of an injunction to injunctive relief, without need to post bond or similar security, in lieu of or in addition to, such monetary remedies. Inenforce the event that Executive engages in or attempts to engage in any of the conduct prohibited by anyprovisions of the Restrictive Covenants or failsshall not prevent the Executive from earning a livelihood. The Restrictive Covenants are essential terms and conditions to comply with the provisions of Paragraph 4(b), Company entering into this Agreement, and they shall be entitled, in ’s sole discretion, to # cease all Monthly Separation Payments, and upon demand by , Executive shall immediately refund to any Monthly Separation Payments already paid to him, and/or # in addition toconstrued as independent of any other remedies available at lawprovision in this Agreement or in equity,of any other agreement between the Executive and the Company or the Bank. The existence of any claim or cause of action that the Executive has against the Company or the Bank, whether predicated on this Agreement or otherwise, shall not constitute a defense to enforce anythe enforcement by the Company or the Bank of the Restrictive Covenants by temporary, preliminary and permanent injunction to restrain any violation or threatened violation by Executive of any provisions of the Restrictive Covenants. Executive further agrees to reimburse its costs (including, without limitation, attorney’s fees) incurred to enforce any of the Restrictive Covenants. The provisions of this Paragraph 5 shall be in addition to, and not in lieu of, any remedies set forth in the Surviving Provisions.

Remedies.Enforcement. The Executive agrees that the Executive’s services are unique and that he has access to confidential information of the Company and its affiliates. Accordingly, the Executive agrees that a breach by the Executive of any of the Restrictive Covenants may cause immediate and irreparable harm to the Company that would be difficult or impossible to measure, and that damages to the Company for any such injury would therefore be an inadequate remedy for any such breach. Therefore, the Executive agrees that in the event of aany breach or threatened breach by Executive of any provision ofRestrictive 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, monetary remedies may not be adequate andor require the Executive agrees that is entitled to injunctive relief, without need to post bond or similar security, in lieu of or in addition to, such monetary remedies. In the event that Executive engages in or attempts to engage in any of the conduct prohibited by any of the Restrictive Covenants or fails to comply with the provisions of Paragraph 4(b), shall be entitled, in ’s sole discretion, to # cease all Monthly Separation Payments, and upon demand by , Executive shall immediately refund to any Monthly Separation Payments already paid to him, and/or # in addition to any other remedies available at law or in equity, to enforce any of the Restrictive Covenants by temporary, preliminary and permanent injunction to restrain any violation or threatened violation by Executive of any provisions of the Restrictive Covenants. Executive further agrees to reimburse its costs (including, without limitation, attorney’s fees) incurred to enforce any of the Restrictive Covenants. The provisions of this Paragraph 5 shall be in addition to, and not in lieu of, any remedies set forth in the Surviving Provisions.account

Remedies.No Remedy. The Executive agreesacknowledges that the Company would not have an adequate remedy at law for monetary damages if the Executive breaches these Protective Covenants. Therefore, in addition to all remedies to which the event ofCompany may be entitled for a breach or threatened breach byof these Protective Covenants, including but not limited to monetary damages, the Company shall be entitled to specific enforcement of these Protective Covenants and to injunctive or other equitable relief as a remedy for a breach or threatened breach. In addition, upon any breach of these Protective Covenants or any separate confidentiality agreement or confidentiality provision between the Company and the Executive, the Executive ofwill be required to repay to the Company any provision ofamounts received pursuant to this Agreement or(other than Accrued Unpaid Salary and Vacation Pay), and the Executive’s rights to receive any of the Restrictive Covenants, monetary remedies may not be adequate and Executive agrees that is entitled to injunctive relief, without need to post bond or similar security, in lieu of or in addition to, such monetary remedies. In the event that Executive engages in or attempts to engage in any of the conduct prohibited by any of the Restrictive Covenants or fails to comply with the provisions of Paragraph 4(b), other unpaid compensation under this Agreement shall be entitled, in ’s sole discretion, to # cease all Monthly Separation Payments, and upon demand by , Executive shall immediately refund to any Monthly Separation Payments already paid to him, and/or # in addition to any other remedies available at law or in equity, to enforce any of the Restrictive Covenants by temporary, preliminary and permanent injunction to restrain any violation or threatened violation by Executive of any provisions of the Restrictive Covenants. Executive further agrees to reimburse its costs (including, without limitation, attorney’s fees) incurred to enforce any of the Restrictive Covenants. The provisions of this Paragraph 5 shall be in addition to, and not in lieu of, any remedies set forth in the Surviving Provisions.forfeited.

Remedies.Restrictive Covenants. The Executive agreesacknowledges that he remains bound by the provisions of the “Restrictive Covenants” section of the 2008 Agreement (the “Restrictive Covenants”), which provisions shall be deemed incorporated herein. The Executive acknowledges that the Restrictive Covenants # are necessary for the protection of the legitimate interests of the Company Releasees, # are reasonable in terms of time, geographic scope, and activities restricted, # do not stifle the eventinherent skill and experience of the Executive, # will not interfere with the Executive’s ability to earn a breach or threatened breach bylivelihood, and # do not confer a benefit upon the Company disproportionate to the detriment to the Executive. The Executive of any provision of this Agreement oracknowledges that if he were to breach any of the Restrictive Covenants, monetary remedies may notsuch breach would result in immediate and irreparable harm to the Company that cannot be adequate andadequately or reasonably compensated at law. Accordingly, the Executive agrees that is entitledthe Company shall be entitled, if any such breach shall occur or be threatened or attempted, if it so elects (and in addition to injunctive relief,seeking other available remedies, under this paragraph or otherwise), to seek from a court any temporary, preliminary, and permanent injunction, without needbeing required to post bonda bond, enjoining and restraining such breach or similar security, in lieu ofthreatened or in addition to, such monetary remedies. Inattempted breach by the eventExecutive. The Executive further agrees that if the Executive engages in or attempts to engage in any of the conduct prohibited bymaterially breaches any of the Restrictive Covenants or fails to comply withCovenants, then the provisions of Paragraph 4(b), Executive shall be entitled, in ’s sole discretion,obligated to # cease all Monthly Separation Payments, and upon demand by , Executive shall immediately refundrepay to any Monthly Separation Payments alreadythe Company the full amount of the cash Severance Benefits previously paid to him, and/or # in addition to any other remedies available at law or in equity, to enforce any of the Restrictive Covenants by temporary, preliminary and permanent injunction to restrain any violation or threatened violation by Executive of any provisions of the Restrictive Covenants. Executive further agrees to reimburse its costs (including, without limitation, attorney’s fees) incurred to enforce any of the Restrictive Covenants. The provisions of this Paragraph 5 shall be in addition to, and not in lieu of, any remedies set forth in the Surviving Provisions.Executive.

Remedies. Executive agrees that in the event ofif he breaches, or threatens to commit a breach or threatened breach by Executive ofof, any enforceable provision of this Agreementparagraphs 10, 11 or any of12 (the "Restrictive Covenants"), the Restrictive Covenants, monetary remedies may not be adequate and Executive agrees that is entitled to injunctive relief, without need to post bond or similar security, in lieu of or in addition to, such monetary remedies. In the event that Executive engages in or attempts to engage in any of the conduct prohibited by any of the Restrictive Covenants or fails to comply with the provisions of Paragraph 4(b), Company shall be entitled, in ’s sole discretion, to # cease all Monthly Separation Payments, and upon demand by , Executive shall immediately refund to any Monthly Separation Payments already paid to him, and/or # in addition to any other remedies available at law or in equity, to enforce any of the Restrictive Covenants by temporary, preliminary and permanent injunction to restrain any violation or threatened violation by Executive of any provisions of the Restrictive Covenants. Executive further agrees to reimburse its costs (including, without limitation, attorney’s fees) incurred to enforce any of the Restrictive Covenants. The provisions of this Paragraph 5 shall behave, in addition to, and not in lieu of, any other rights and remedies set forthavailable to the Company under law and in equity, the right to have the Restrictive Covenants specifically enforced by a court of competent jurisdiction, it being agreed that any such 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. Notwithstanding the foregoing, nothing herein shall constitute a waiver by Executive of his right to contest whether such a breach or threatened breach of any Restrictive Covenant has occurred. In the event of litigation between the parties to this Agreement regarding their respective rights and obligations under paragraphs 10, 11, or 12 hereof, the prevailing party shall be entitled to recover from the other all attorneys’ fees and expenses reasonably incurred in obtaining a ruling in the Surviving Provisions.prevailing party’s favor. Any such damages, attorneys’ fees and costs shall be in addition to and not in lieu of any injunctive relief that may be available to the Company.

Remedies.Specific Performance. Executive agrees that in the event ofif he breaches, or threatens to commit a breach or threatened breach by Executive ofof, any enforceable provision of this Agreementparagraphs 3, 4 or any of5 (the "Restrictive Covenants"), the Restrictive Covenants, monetary remedies may not be adequate and Executive agrees that is entitled to injunctive relief, without need to post bond or similar security, in lieu of or in addition to, such monetary remedies. In the event that Executive engages in or attempts to engage in any of the conduct prohibited by any of the Restrictive Covenants or fails to comply with the provisions of Paragraph 4(b), Company shall be entitled, in ’s sole discretion, to # cease all Monthly Separation Payments, and upon demand by , Executive shall immediately refund to any Monthly Separation Payments already paid to him, and/or # in addition to any other remedies available at law or in equity, to enforce any of the Restrictive Covenants by temporary, preliminary and permanent injunction to restrain any violation or threatened violation by Executive of any provisions of the Restrictive Covenants. Executive further agrees to reimburse its costs (including, without limitation, attorney’s fees) incurred to enforce any of the Restrictive Covenants. The provisions of this Paragraph 5 shall behave, in addition to, and not in lieu of, any other rights and remedies set forthavailable to the Company under law and in equity, the Surviving Provisions.right to have the Restrictive Covenants specifically enforced by a court of competent jurisdiction, it being agreed that any such 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. Notwithstanding the foregoing, nothing herein shall constitute a waiver by Executive of his right to contest whether such a breach or threatened breach of any Restrictive Covenant has occurred. Any such damages, attorneys’ fees and costs shall be in addition to and not in lieu of any injunctive relief that may be available to the Company.

Load more...
Select clause to view document information.

Draft better contracts
faster with AllDrafts

AllDrafts is a cloud-based editor designed specifically for contracts. With automatic formatting, a massive clause library, smart redaction, and insanely easy templates, it’s a welcome change from Word.

And AllDrafts generates clean Word and PDF files from any draft.