Injunctive Relief. Employee agrees that damages at law will be an insufficient remedy to Employer if Employee violates or attempts or threatens to violate the terms of Section 9, 10 or 11 of this Agreement and that Employer would suffer irreparable damage as a result of such violation or attempted or threatened violation. Accordingly, it is agreed that Employer shall be entitled, upon application to a court of competent jurisdiction, to obtain injunctive relief to enforce the provisions of such Sections, which injunctive relief shall be in addition to any other rights or remedies available to Employer, at law or in equity. In the event that either party commences legal action relating to the enforcement of the terms of Section 9, 10 or 11 of this Agreement, the prevailing party in such action shall be entitled to recover from the other party all of the costs and expenses in connection therewith, including reasonable fees and disbursements of counsel (both at trial and in appellate proceedings).
Injunctive Relief. Employee agrees that damages at law will be an insufficient remedy to Employer if Employee violatesRemedies. If there is a breach or attempts or threatens to violate the termsthreatened breach of any provision of Section 9, 10 or 11 of this Agreement and that Employer would suffer irreparable damage as a result of such violation or attempted or threatened violation. Accordingly, it is agreed that Employer shall be entitled, upon application to a court of competent jurisdiction, to obtain injunctive relief to enforce the provisions of such Sections, which injunctive relief shall be in addition to any other rights or remedies available to Employer, at law or in equity. In the event that either party commences legal action relating to the enforcement of the terms of Section 9, 107, 8, 9 or 11 of this Agreement, the prevailing party in such actionCompany will suffer irreparable harm and shall be entitled to recoveran injunction restraining Employee from such breach. Nothing herein shall be construed as prohibiting the Company from pursuing any other party all of the costs and expenses in connection therewith, including reasonable fees and disbursements of counsel (both at trial and in appellate proceedings).remedies for such breach or threatened breach.
Injunctive Relief.Remedies. The Employee acknowledges and agrees that damagesthe Company or Company Groups remedy at law will be an insufficient remedy to Employer if Employee violatesfor a breach or attempts or threatens to violatea threatened breach of the terms of Section 9, 10 or 11provisions of this AgreementSection 9 would be inadequate, and that Employer would suffer irreparable damage asin recognition of this fact, in the event of a result of such violation or attemptedbreach or threatened violation. Accordingly,breach by the Employee of any of the provisions of this Agreement, it is agreed that Employer shallthe Company or any member of the Company Group will be entitled,entitled to equitable relief in the form of specific performance, a temporary restraining order, a temporary or permanent injunction or any other equitable remedy which may then be available, without posting bond or other security. The Employee acknowledges that the granting of a temporary injunction, a temporary restraining order or other permanent injunction merely prohibiting the Employee from engaging in any business activities would not be an adequate remedy upon applicationbreach or threatened breach of this Agreement, and consequently agrees upon any such breach or threatened breach to a courtthe granting of competent jurisdiction, to obtain injunctive relief prohibiting the Employee from engaging in any activities prohibited by this Agreement. No remedy herein conferred is intended to enforce the provisionsbe exclusive of any other remedy, and each and every such Sections, which injunctive relief shallremedy will be cumulative and will be in addition to any other rightsremedy given hereunder now or remedies available to Employer,hereinafter existing at law or in equity.equity or by statute or otherwise. In addition, in the event of any breach or suspected breach of the provisions of this Section 9, the Company shall have the right to suspend immediately any payments or benefits that either party commences legal action relatingmay otherwise be due to the enforcement of the terms of Section 9, 10 or 11 ofEmployee pursuant to this Agreement, the prevailing party in such action shall be entitled to recover from the other party all of the costs and expenses in connection therewith, including reasonable fees and disbursements of counsel (both at trial and in appellate proceedings).Agreement.
Injunctive Relief.Because the Employees services are unique and because the Employee agreeshas access to certain Confidential Information Company Intellectual Property, the parties hereto agree that money damages at law willwould be an insufficientinadequate remedy to Employer if Employee violates or attempts or threatens to violate the terms of Section 9, 10 or 11for any breach of this AgreementAgreement. Therefore, in the event of a breach of Sections 8, 9, 11, 12 and that Employer would suffer irreparable damage as a result13 of such violationthis Agreement, the Company and any of its Affiliates or attemptedtheir successors or threatened violation. Accordingly, it is agreed that Employer shall be entitled, upon application to a court of competent jurisdiction, to obtain injunctive relief to enforce the provisions of such Sections, which injunctive relief shall beassigns may, in addition to any other rights orand remedies available to Employer,existing in their favor at law or in equity. Inequity, apply to any court of competent jurisdiction for specific performance and/or injunctive or other relief in order to enforce, or prevent any violations of, the eventprovisions hereof. The Employee agrees not to claim that either party commences legal action relatingthe Company has adequate remedies at law for a breach of Sections 8, 9, 11, 12 and 13, as a defense against any attempt by the Company to obtain the enforcement of the terms ofequitable relief described in this Section 9, 10 or 11 of this Agreement, the prevailing party in such action shall be entitled to recover from the other party all of the costs and expenses in connection therewith, including reasonable fees and disbursements of counsel (both at trial and in appellate proceedings).15.
Injunctive Relief. Employee agreesI understand that damages at law will be an insufficient remedy to Employer if Employee violatesin the event of a breach or attempts or threatens to violate the terms of Section 9, 10 or 11threatened breach of this Agreement and that Employer wouldby me, the Company may suffer irreparable damage as a result of such violation or attempted or threatened violation. Accordingly, it is agreed that Employer shallharm and monetary damages alone would not adequately compensate the Company. The Company will therefore be entitled, upon applicationentitled to a court of competent jurisdiction, to obtain injunctive relief to enforce the provisions of such Sections, which injunctive relief shall bethis Agreement in addition to any other rights or remedies availablewhich the Company may be entitled to Employer, at law or in equity. Inhereunder, and such relief may be granted without the eventnecessity of the Company showing any actual damage or irreparable harm, proving the inadequacy of its legal remedies, or posting any bond or other security proving actual monetary damages. I agree that either party commences legal action relatingif there is a question as to the enforcementenforceability of any of the provisions of this Agreement, I will not engage in any conduct inconsistent with or contrary to this Agreement until after the question has been resolved by a final judgment of a court of competent jurisdiction. In addition, while the duration of my covenants described in Sections 5, 6 and 7 above will be determined generally in accordance with the terms of Section 9, 10those respective Sections, if I violate any of those covenants, I agree to extend it on the same terms and conditions for an additional period of time equal to the time that elapses from my violation to the later of # when the violation stops or 11# the final resolution of this Agreement,any litigation stemming from such violation. In addition, in the prevailing party inevent of any such actionbreach, or any attempted or threatened breach, Employee agrees that the Company shall be entitled to recover from the other party allrecovery of the legal costs and expenses in connection therewith,incurred, including reasonable fees and disbursementsattorney’s fees, in any such action or suit. Nothing herein contained shall be construed to prevent the Company from obtaining any other remedy or combination of counsel (both at trial andremedies as the Company may elect to invoke. The failure of the Company to promptly institute legal action upon any breach of this Agreement will not constitute a waiver of that or any other breach of this Agreement. The venue for any Court suit will be a state or federal court sitting in appellate proceedings).Chicago, Illinois.
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