Common use of The Executive acknowledges Clause in Contracts

The Executive acknowledges. (i) that compliance with the restrictive provisions contained in Section 8 is necessary to protect the business and goodwill of the Company and its subsidiaries, and (ii) that a breach of this Agreement will result in irreparable and continuing damage to the Company, for which monetary damages may not provide adequate relief. Consequently, the Executive agrees that in the event of a breach or threatened breach of any of the restrictive covenants described herein, the Company, at its discretion, shall be entitled to seek both: (i) a preliminary and/or permanent injunction in order to prevent such damage, or continuation of such damage, and (ii) monetary damages as determinable. Nothing herein, however, shall be construed to restrict and/or prohibit the Company from pursuing any and all other remedies; the Executive acknowledges that all remedies are cumulative. The Executive specifically acknowledges that the Executive shall account for and pay over to the Company any profits, monies, accruals or other benefits derived or received by the Executive as a result of any transaction constituting a breach of the Restrictive Covenants in Section 8.

The Executive acknowledges. (i) that compliance with the restrictive provisions contained in Section 8 is necessary to protect the business and goodwill of the Company and its subsidiaries, and (ii) that a breach of this Agreement will result in irreparable and continuing damage to the Company, for which monetary damages may not provide adequate relief. Consequently, the Executive agrees that in the event of a breach or threatened breach of any of the restrictive covenants described herein, the Company, at its discretion, shall be entitled to seek see both: (i) a preliminary and/or permanent injunction in order to prevent such damage, or continuation of such damage, and (ii) monetary damages as determinable. Nothing herein, however, shall be construed to restrict and/or prohibit the Company from pursuing any and all other remedies; the Executive acknowledges that all remedies are cumulative. The Executive specifically acknowledges that the Executive shall account for and pay over to the Company any profits, monies, accruals or other benefits derived or received by the Executive as a result of any transaction constituting a breach of the Restrictive Covenants in Section 8.