Injunctive Relief. The Executive hereby acknowledges that the provisions of this Agreement are reasonable and necessary for the protection of the Company’s Business given the Executive’s status as member of the Company’s senior management and his access to Confidential Information. Without limiting the foregoing, the Parties agree and acknowledge that it would be unfair and adversely affect the Company to allow the Executive use the Confidential Information following his employment to compete with the Company anywhere within the Subject Area and that the Company’s Business may be irrevocably and substantially harmed and damaged if such provisions are not specifically enforced and money damages may not afford the Company an adequate remedy for any breaches thereof. In the event of a breach or threatened breach by the Executive of the provisions of Section 5, 6, or 7 at any time during, as applicable, the Non-Compete Period or Restricted Period, the Parties acknowledge and agree that the Company will be entitled to seek # specific performance and # injunctive and other equitable relief (without bond or other security being required) to prevent or restrain a breach of such sections. Nothing in this Agreement should be construed as prohibiting or otherwise restricting the Company from pursuing any other rights or remedies it may have at law or in equity in the event of a breach of this Agreement by the Executive.

5.6Enforcement. Executive acknowledges and agrees that, by virtue of her position, her services, and her access to and use of Confidential Information, the restrictions set forth in this Section 5 are reasonable and necessary to protect the competitive business interests and goodwill of the Companies and any violation by her of any of the undertakings contained in this Section 5 would cause the Company, the Employer and the Companies immediate, substantial and irreparable injury for which there is no adequate remedy at law. Accordingly, Executive agrees that in the event of any breach or threatened breach by Executive of any of said undertakings, the Companies shall be entitled to injunctive relief in any court of competent jurisdiction (without the need to post any bond and without proving that money damages would be inadequate). Rights and remedies provided for in this [Section 5.6] are cumulative and shall be in addition to any rights and remedies otherwise available hereunder, under any other agreement, at law, in equity, by statute or otherwise.

Availability of Injunctive Relief. Notwithstanding any other provision of this Agreement, either party may pursue in court injunctive, declaratory, and other relief incidental to the enforcement of any confidential information, non-disclosure, non-solicitation, and/or non-competition provisions contained in any agreement between the Company and Executive, including, without limitation, the provisions contained in Section 10 of this Agreement. In the event either party seeks such relief, the prevailing party shall be entitled to recover reasonable costs and attorneys’ fees.

Injunctive Relief. The parties acknowledge and agree that restrictions contained in Sections 8 and 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 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 and the right to specific performance of the provisions of Sections 8 and 9 of this Agreement and Executive hereby waives the adequacy of a remedy at law as a defense to such relief.